<p>The Central American population consists of a majority of indigenous people and the parties to the Central American Free Trade Agreement (CAFTA-DR) must strive to protect the culture, heritage and rights of the region&rsquo;s people. Trade agreements must recognize the rights of the indigenous peoples that are affected by environmental degradation resulting from trade activities, which can result in the forceful removal of their lands. The balance between the three pillars of sustainable development must be struck because international trade is necessary by fueling much of the economic growth in the developed world. Public engagement of the indigenous people through participation, information, consultation and consent are necessary to fulfill the goals of sustainable development and protect their right to property and traditional lands. We have to continue to incorporate the objectives of sustainable development in free trade agreements in order to preserve the global environment for future generations. </p>

This master thesis researches, compares, analyses and critically evaluates compliance and enforcement mechanisms in UNECE environmental agreements in order to facilitate creation of the compliance mechanism under Water Convention. Absence of compliance mechanism starts impeding fluent functioning of Water Convention and has to be urgently established. Necessity for the compliance mechanism arises from the set of important factors: need to ensure full implementation and compliance with the Water Convention – an agreement of exceptional value and significance to our society because if governs fresh water resources; the problems of implementation and compliance arising under Convention and absence of an institute/third party able to search for solutions and give adequate and prompt responses. To begin with, up to date Water Convention is the only one functioning fresh water agreement of this kind in the world and full compliance with its requirements is the highest priority. It establishes a framework for cooperation and action in the field of trans-boundary fresh water resource management affecting area of more than 150 major rivers and 50 large lakes and their populations and has a potential to become global. Recently Parties to the Convention acknowledged the fact that they are facing certain problems related to implementation and compliance of the Convention: problems of implementation and their settlement; prevention or management of existing or potential differences in... [to full text] / Magistro baigiamajame darbe išanalizuoti, palyginti ir kritiškai įvertinti Jungtinių Tautų Europos Ekonomikos Komisijos aplinkos apsaugos sutarčių įgyvendinimo užtikrinimo mechanizmai, siekiant palengvinti tokio mechanizmo kūrimą Vandens konvencijai. Sutarties įgyvendinimo užtikrinimo mechanizmo nebuvimas pradeda trukdyti efektyviam konvencijos funkcionavimui ir turi būti skubiai įdiegtas. Toks mechanizmas reikalingas dėl šių pagrindinių priežasčių: būtinybės užtikrinti visišką Vandens konvencijos (kuri yra ypatingai svarbi gamtai ir visuomenei, nes reguliuoja vandens resursus) reikalavimų įgyvendinimą, vykdymą ir laikymąsi, daugėjančių problemų, kylančių dėl konvencijos įgyvendinimo ir laikymosi, bei nebuvimo jokio instituto, galinčio adekvačiai ir greitai reaguoti bei pateikti tinkamą atsaką ir efektyvų sprendimą. Vandens konvencija yra vienintelis pasaulyje funkcionuojantis tokio pobūdžio susitarimas ir dėl to visiškas jos reikalavimų įgyvendinimo užtikrinimas yra aukščiausias prioritetas. Konvencija reguliuoja tarptautinių vandens resursų apsaugą bei naudojimą, šalių veiklą ir bendradarbiavimą teritorijoje, apimančioje daugiau kaip 150 didžiausių upių bei 50 didelių ežerų. Ji stipriai veikia šių teritorijų gyventojus bei ateityje gali tapti pasauline konvencija. Konvencijos šalys pripažino faktą, jog pastaruoju metu jos susiduria su šiomis problemomis, susijusiomis su įgyvendinimu bei laikymusi: konvencijos įgyvendinimo problemos bei jų sprendimas, konfliktai dėl... [toliau žr. visą tekstą]

This paper raises questions about the accessibility of the Articles 14 & 15 submissions mechanism, a public complaint process that attempts to use the eyes of ordinary persons in Canada, Mexico and the US to monitor an important environmental treaty obligation: NAFTA signatories' commitment to effectively enforce their environmental laws. In order to consider whether the Articles 14 & 15 review tool is accessible, we assemble a set of indicators that nourish four hypotheses, which may reveal if the review tool is sufficiently well installed to attain its long term objectives in a significant measure. The hypotheses are: 1) that the CEC receives an insufficient amount of submissions; 2) that it takes considerable or random times to process them; 3) that it consistently takes longer, or has more troubles, to process Mexican and disadvantaged-group cases; 4) that few complainants harvest any benefits from complaining, being more likely that they do if they are rich environmental NGOs than if they are ordinary individuals. The information we present is based on primary research and statistical information on the processing of NAAEC Articles 14 and 15 submissions. Our chief objective is not to conclusively prove or disprove these hypotheses, but to provide a framework to respond these questions. By consistently focusing their efforts on evaluating the attainment of the ultimate objectives of this review tool, all authors who have critiqued the Articles 14 & 15 submissions process have failed to consider whether the complaint mechanism is effectively positioned to capture environmental law enforcement information from all of its target population. Instead, this paper explores the implementation of Articles 14 & 15 by generating information on the attainment of its midcourse objectives. This paper may be of interest to persons working on issues concerning the implementation and further elaboration of NAAEC Articles 14 and 15 and to those pondering whether and how the proposed FTAA and the Canada-Chile Free Trade Accord should be structured to deal with the environmental consequences of further economic integration.

The global crisis of biodiversity depletion sets the stage for a necessary re-definition of State self-interest in the international milieu. That re-definition is effected by a changing perception of 'self'; one that occurs through the mental lens of interdependence and long-term vision. This thesis attempts to challenge conventional precepts and present a submission for change by drawing upon constructivist thought, which asserts that current perceptions are socially constructed and rooted in "collective intentionality", such that what has been human-made can be altered by the same processes through which it came into existence. In so doing, the author employs the notions of international ethics as a shared belief and international law as an ideational instrument to facilitate that change in favor of international cooperation toward the necessary amelioration of global biodiversity diminution in order to assure our future.

Wilderness areas face serious threats to their integrity and continued existence. The law has a critical role to play in their protection. To be effective, however, the law must be based on sound philosophical and socio-economic considerations. There is increasing recognition, internationally and nationally, of the utilitarian, intrinsic and biocentric values of wilderness and wildlife. There is also an international trend toward recognition and accommodation of tribal cultures and their traditional natural resource harvesting rights within national legal and political systems. Effective protection of the wilderness resource on which South African tribal cultures depend for their continued existence is essential. Communities adjacent to wilderness areas must be allowed to participate in the determination of the boundaries of, the preparation and implementation of the management plans for, and the benefits derived from, such areas. Wilderness management in South Africa must be linked to economic planning and rural development. The values of wilderness to humankind are increasingly being recognised and protected in international treaties and national legal systems. A comparative analysis of relevant events in the United States, in particular, clearly demonstrates that the most effective vehicle for establishment of a national wilderness system is a national wilderness statute. South Africa should acknowledge the international trend towards wilderness preservation, take instruction from the legal initiatives and protective mechanisms adopted in other countries, recognise that its wilderness is a global heritage, and accept ' that it has an obligation to protect what remains of its wild country, not only in the interests of its present and future generations, but also in the interests of the world community. A review of the history and current status of wilderness in South Africa, and of the laws which indirectly or directly provide protection of wilderness areas, wilderness values, or wilderness equivalents, suggests that there is a need for a new legal dispensation for the preservation of the remnants of South African wilderness. At present there is statutory protection of declared wilderness areas in State forests only, in terms of the Forest Act 122 of 1984. There is no direct legislative protection of wilderness on other public lands, and no legal protection of wilderness on private land. Effective and sustainable protection of South African wilderness will best be achieved through the medium of an appropriate national Wilderness Act. / Thesis (LL.D.)-University of Natal, Durban, 1992.

Land is a non-renewable and finite resource which comprises a variety of ecosystems that support biological diversity and provide food, shelter and raw materials to society. With a multitude of land uses competing for this precious resource, the land is becoming fragmented, altered and transformed. Land transformation has been acknowledged as a key contributor to the degradation of the environment and has serious implications for poverty, food security and biodiversity. This research focuses on land use changes within the uMngeni and Mpofana municipalities in KwaZulu-Natal. The main objectives were to critically review Environmental Impact Assessment (EIA) decisions and document those EIAs received and finalised over the period 1999 – 2010, spatially define the location of decided EIAs, determine the types of EIA decisions issued, characterise the type and extent of land uses, describe patterns of land use change and identify the key factors responsible for changes in land use. During the research period a total of 337 EIA applications were received and 332 EIA applications were completed in the uMngeni Municipality and 182 EIA applications were received and 178 completed in the Mpofana Municipality. The types of EIA decisions issued consist of Records of Decisions, Environmental Authorisations, Exemptions, Withdrawals and Commencements. The key classes of land use changes that have occurred in uMngeni Municipality are Agriculture to Residential, whilst within the Mpofana Municipality the predominant land use change occurred within the Agricultural land use category. For both municipalities the Agriculture to Residential land use category experienced the greatest extent in land use change. In authorising EIA applications, the predominant key decision factors were based on the comments from Ezemvelo KwaZulu-Natal Wildlife and Amafa aKwaZulu-Natali. In refusing EIA decisions the findings of various specialist studies, incompatible land uses and land use planning initiatives were the predominant key decision factors. The conclusions are that agricultural land is being transformed for use as nonagricultural activities specifically that of residential use. The recommendations include the need for accurate record keeping of data and information pertaining to EIAs and the integration of spatial planning tools and initiatives including Geographical Information Systems in the review of EIAs to improve decision making. / Thesis (M.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2010.

The Constitution of South Africa I, (the Constitution) envisages in the Bill of Rights that: Everyone has the right -(a) to an environment that is not harmful to their health or well-being; and (b) to have the environment protected. for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; II. promote conservation; and III. secure ecologically sustainable development and use of natural resources while promolingjuslifiable economic and social development.3 There are other statutes that support the Constitution. for example, the National Environmental Management Act (NEMA).4 This Act states in its preamble that : " Whereas many inhabitants of South Africa live in an environment that is not harmful to their health and well being everyone has the right to an environment that is not harmful to his or her health or well being; and everyone has the right to have the environment protected, for the benefit of present and futu re generations, through reasonable legislative and other measures that prevent pollution and ecological degradation ... Both the Constitution and NEMA are not only concerned with the environment but also with the health and well·being of South Africans. The World Health Organization (WHO) has defined health, as ' more than the absence of disease and infirmity, it is a state of complete physical, mental and social well-being.' Environmental health in broad term is concerned with factors in the environment associated with health, well-being and disease, including physical, chemical and biological conditions. / Thesis (LL.M)-University of Durban-Westville, 2001.

In this study, an analysis of laws pertaining to environmental protection in the mining in Tanzania is done. The study develops understanding of various environmental laws and institutions for the purposes of setting context and clarity for the subsequent chapters. The major discussion evolves around environmental protection offered in Tanzania mining and investment laws. In understanding this, a detailed discussion of coverage of environmental issues in the Tanzania Mining Act, 5 of 1998 and the Tanzania National Investment Act, 26 of 1997 is made. After this discussion, the recommendations are given. Despite Tanzania mining, especially large-scale mining being one of the main growing industries in Tanzania, it is concluded that environmental management in mining has been hindered by inadequate legal protection, lack of coordination, insufficient funding and expertise. As a result there has been uncontrolled extraction of minerals and the use of unsafe mining methods and severe environmental damage and appalling living conditions in the mining communities. The challenge associated with the mining sector today in Tanzania is ensuring sustainability and integrating environmental and social concerns into mineral development programmes. Sustainable mining development requires balancing the protection of the flora and fauna and the natural environment with the need for social and economic development. To address the environmental problems associated with mining, the Government's policy is to reduce or eliminate the adverse environmental effects of mining, improve health and safety conditions in mining areas, and address social issues affecting local communities. EIA is recommended as one of the major tools for achieving these solutions and has been discussed. / Thesis (LL.M.)-University of KwaZulu-Natal, Pietermaritzburg, 2005.

Societies in Transkei, particularly those along the coast, are confronted to varying degrees by the problem and prospects of having to be removed from the areas which they have occupied for decades, sometimes from time immemorial, to make space for government schemes intended for the conservation of the environment and its resources, as determined by various conservation legislation (Chapters 3 and 4). These people have to be settled in new areas which lack the natural resources which they enjoyed in their old areas and on which they depended for their survival and their traditional style of life. What exacerbates the situation is that these removals are not accompanied by development programmes to compensate the people for their loss. Furthermore, the establishment of these conservation areas does not offer any incentives for them to appreciated and see the benefit of conservation (Chapters 5 and 6). Furthermore, although some of the conservation legislation anticipates that there should be consultations with, and participation by, the local people before the conservation programmes are implemented in order for them to present their opinions, it does not seem that the government officials charged with the control and administration of the legislation comply with this requirement. The result is that these conservation programmes are met with resistance from the local people, resulting in the government failing to attain the objectives of the legislation. This study will briefly deal with the history and development of conservation legislation in Transkei from the Colonial era (Chapter 2), and examine the provisions of the applicable conservation legislation during the self-government of Transkei including its independence up to its reincorporation into South Africa during April 1994. / Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1995.

The origins of marine salvage law may be traced to a code of Rhodian Sea laws promulgated in 500BC. Presently, while salvage law retains the foundations of this early codification, it has undergone a complete metamorphosis in order to adapt to changing circumstances and new challenges of the 20th and 21st century. Over the past few decades there have been many major oil spills. When they occurred each spill, for different reasons was declared as the most environmentally damaging. In their wake, they leave a trail of death and destruction of the eco-system. As public concern for and awareness of the marine environment increases, governments and salvors face increased pressure to avert wide-scale pollution. In these instances, the stakes are high and the necessity and effectiveness of professional salvage only too clear. This study investigates the role played by the professional salvor and considers how the developments in the law have impacted upon the salvor's role in salvage operations. This work has its genesis with this background in mind. It is essentially a study of the changes and developments in the law of Marine Salvage. The law relating to salvage is dynamic and international in nature. Dynamic in that it needs to adapt to new economic and environmental factors. This study examines and explains how these economic and environmental factors impacted upon and necessitated changes to the law of salvage. It is international, in that salvage operations invariably involve parties from different countries. In some instances of large-scale pollution disasters the physical environment affected may encompass different countries/waters. At times the discussion into the practical aspects of the salvage operations, salvage tugs and the industry as a whole has a tendency to become rather technical. For this I make no apology, for the world of marine salvage has totally fascinated and captured my attention. In the international context the law relating to Salvage may be found in the International Convention on Salvage 1989. Many countries have ratified the convention and have subsequently enacted their own statutes based on the provisions of the Salvage convention. Other countries like South Africa have chosen not to ratify the convention and have formulated their own Statutes relating to the salvage. The salvage laws of the United Kingdom are perhaps mostly widely used. Its popularity may be attributed to London being the salvage arbitration capital of the world as well as the influential use of LOF in salvage operations which stipulates English law as the lex contractus. The United Kingdom has ratified the International Salvage Convention and enacted the Merchant Shipping (Salvage and Pollution) Act 1994 which gave effect to the provisions of the convention. The current statute regulating Salvage is the Merchant Shipping Act of 1995. The principal focus of this work will be English law, as applied in the United Kingdom as well as South African law. Passing reference is also made to the provisions of American law where relevant. / Thesis (LL.M.)-University of Natal, Durban, 2003.