Law / Thesis (LL.M.)--University of South Africa, 1997.

Thesis (MPhil)--Stellenbosch University, 2015. / ENGLISH ABSTRACT: Please refer to full text for abstract. / AFRIKAANSE OPSOMMING: Verwys asseblief na die volteks vir opsomming.

published_or_final_version / Environmental Management / Master / Master of Science in Environmental Management

published_or_final_version / Environmental Management / Master / Master of Science in Environmental Management

published_or_final_version / Law / Master / Master of Philosophy

Global environment is presenting new opportunities and challenges for international cooperation. The depletion of the ozone layer is one of the successful cases where the world community has demonstrated a rare consensus to address a global problem. This study: (1) examines the role of international law and institutions in shaping a regime for ozone layer depletion as formalized in the 1987 Montreal Protocol; (2) evaluates contributions of the ozone regime to the development of international environmental law, and (3) analyzes its implications for future international cooperation. Using regime theories as a methodological framework, the study integrates science, policy, law and institutions to show how they interact to create understandings, practices, and procedures in international relations. Traditionally, regime theorists have focused on power and interest to explain international cooperation. The existing theories were found to be inadequate for the analysis of ozone regime. I have offered an alternate explanation by incorporating the element of "law" into regime studies and linking regimes with "institutions"--the raison d'etre of the regimes. This modified explanation helps to provide a better understanding of the formation of the ozone regime. The study suggests that the ozone regime has produced a new generation of environmental norms. These norms, both procedural and substantive, put "flesh on the bone" of environmental law and keep ozone regime as a political process in motion, thus, adapting to the changing technological and scientific environment. Moreover, the ozone regime marks a turning point in the shift of emphasis from single-issue pollution laws to an encompassing law of the atmosphere. A new form of international cooperation also emerged from ozone negotiations. This cooperation was promoted by joint efforts of the United Nations Environment Programme (UNEP) and the world scientific community. UNEP used scientific findings to persuade the parties to the ozone negotiations to re-evaluate their political stance in light of evolving scientific knowledge. At a time when traditional bases of power seem to be eroding, international institutions are viable structures to initiate efforts to address human concerns and facilitate decisions by the international community. Similarly, the world scientific community may prove influential in future global policymaking, in particular on the issues with high degrees of scientific uncertainty.

This study unveiled the trade-environment debate which has been revolving in the World Trade Organization for quite a long time now. While economic integration and trade liberalization offer the promise of growth and prosperity, environmentalists fear that free trade will lead to increased pollution and resource depletion. On the other hand, free traders worry that over-reaching environmental policies will obstruct efforts to open markets and integrate economies around the world. Trade liberalization has the potential to affect the environment both positively and negatively. Trade and environment tensions have therefore emerged as a major issue in the debate over globalisation. This paper examined the contours of these tensions and argued that trade policy and environmental programs can be better integrated and made more mutually supportive.

This thesis brings together six works published between 2003 and 2007 which consider public involvement in environmental matters. The later works focus on access to justice, one of three elements of public involvement. The works support the thesis that aspects of public involvement and, in particular access to justice in environmental matters, remain elusive for many individuals and groups in society; something that is inconsistent with both domestic and international law. They include analysis of why the need for participation arises and how it should be secured. By publishing primary research and new commentary the publications identify the gaps in the provision of public involvement in environmental matters and offer options for change. They have also informed further research and debate. The publications are brought together in this submission in chronological order, which illustrates how the hypothesis develops. The works are critically appraised in an introductory chapter. Public involvement is first discussed in The Prestige oil disaster, another example of the West living beyond its means (Environmental Law & Management 15[2003]1 16 (Jan 2003). LawText Publishing, Banbury, UK) and sets the backdrop for the later works. It highlights some of the key environmental problems of our time including, for instance, that environmental protection remains subservient to the pursuit economic development. Getting to the real EIA (Journal of Environmental Law, (2003) Vol 15, No. 2, p. 141 Oxford University Press, Oxford, UK) considers the role of public involvement in major land use development decision making by analysing one of the key participatory areas of public involvement; environmental impact assessment (EIA). EIA places emphasis on access to information and public participation in helping to prevent rather than alleviate adverse socio-environmental impacts. It is argued in Getting to the real F£IA that for the major development projects requiring EIA, public participation is nominal in nature and that, often, IS entirely absent. While Getting to the real EIA considers information and participation, access to justice is the focus of the third work; Civil law aspects of environmental justice ((2003) Environmental Law Foundation, London, UK). The work is based upon primary research which was necessary once it became evident that there was little, if any, data on how effective the judicial system is in securing access to environmental justice. The search conclusions were critical of the present judicial system highlighting that, in practice, a legal remedy was often unavailable to individuals and communities in challenging environmental decisions and resolving environmental problems; the most significant barrier being prohibitive expense. This was to such an extent that the UK Government was not meeting its international obligations. The failure to provide effective access to the courts as highlighted in Civil law aspects prompted the publication of the later work; The cost of doing the rights thing (Environmental Law & Management 16[2004]2 p. 59 (Mar 2004). LawText Publishing, Banbury, UK) which reviews the problems of access to environmental justice and then proposes innovative ways of starting to resolve those inherent in the legal justice system, including liability for an opponent's costs' if any legal challenge is ultimately unsuccessful. As the arguments surrounding funding constraints on access to justice were crystallising, the need to produce a substantive text clarifying the environmental rights and responsibilities of all interested parties became clear. This prompted the publication of A Practical Approach to Environmental Law ((2005). OUP, Oxford, UK) which is, in the main, a practitioner's text. However, the text also seeks to explain and raise awareness of the environmental rights that are available in the UK and the notion that public involvement in environmental decision-making has a central role. For instance, Chapter .2 Environmental rights and principles which is incorporated into this submission, outlines the main aspects of information, participation and access to justice and explains their relevant judicial and governmental application. While A Practical Approach to Environmental Law is novel in its comprehensive approach, its primary purpose is to inform readers, in an objective way, of the present legal position. Its inclusion in this submission is to illustrate how the arguments raised in the earlier publications have been presented to a wide audience. The final published work, ‘Current concerns in environmental decision making’ (Journal of Environment and Planning Law [2007] p. 536 Sweet & Maxwell, London, UK), places the argument of limitations of access to justice alongside the parallel and associated problems of an unwilling public protector and a conservative judiciary. It revisits the need for public participation in environmental matters by highlighting the reluctance of public bodies and the courts to take the issue of environmental justice seriously. It also argues that recent efforts in access to justice are largely superficial and that fundamental change remains necessary. The final paper was presented at the University of Kent, Critical Lawyer's Conference on 24 February 2007. The submitted works follow a distinct .theme by exploring the application of public involvement in environmental matters highlighting what is the main criticism of the public participatory provision in the UK the provision of access to the courts without prohibitive expense. The works have also been directly related to practical experience and work in seeking to improve the position. In drawing the published works together in one volume it has been helpful to outline some of the underlying issues relating to public involvement including what is meant by public participation, any levels and limitations to the rights now said to be conferred. This analysis has been provided in an expanded introduction which also includes a' critical appraisal of the main published works. Paul Stookes 22nd April 2008

Law / Thesis (LL.M.)--University of South Africa, 1997.

There is a vision in the EU for a transition to a low carbon society, including a carbon-neutral energy system, containing a high share of renewable energy. However, this vision is not isolated from other political goals, such as halting the loss of biodiversity by 2020. Both of these goals are accompanied by EU legislation promoting their respective aims. One of the central challenges, in light of this transition, is the very nature of the legal system – that it is rather fragmented – both regarding the substantive law applicable to renewable energy activities and the legal processes that renewable energy activities face. The aim is therefore to discuss certain challenges arising from the fragmented legal system applicable to renewable energy activities. The dissertation is based on EU and Swedish law. First, I investigate the EU’s competence in the field of renewable energy and address how such policy may better reflect the protection of biodiversity. Thereafter, in a Swedish context, I analyse the relationship between protection of biodiversity and promotion of renewable energy. Finally, I address the problems arising from the fragmented legal procedures of renewable energy activities, with the main example of wind power installations and new transmission lines. In general, this study suggests that the current system lacks consistency between renewable energy and nature protection legislation and there is a coordination problem with regards to the permit processes of the development of renewable energy activities. These conclusions point towards a need for a broader perspective on the development of renewable energy activities, which could include: a more integrated planning system for renewable energy activities; exploring the use of derogation rules from the Water Framework Directive; and a more integrated EU renewable energy policy with specific sustainability criteria.