The theory of intergenerational equity is closely linked to the notion of sustainable development. It is indeed considered to be one of its aspect. Intergenerational equity can be divided in two facets: the intergenerational component links the present generation to future generations, while the intragenerational aspect imposes, within the same generation, a duty for industrialized countries to help developing countries. The legal status of intergenerational equity appears to be limited because of its qualification as a concept. Therefore, this concept of intergenerational equity belongs to the realm of soft law. Nevertheless, legal implications can be drawn out from this theory. Different means of implementation can be envisioned, some belonging to the domain of soft law, other employing more classical tools, such as institutional mechanisms.

Im Rahmen des im 4. oder 5. Semester zu absolvierenden Berufsfeldprojekts sollen im Berufsfeld Recht und Management (Law and Management - LAMA) des Studiengangs Bachelor Wirtschaftswissenschaften der TU Chemnitz praxisorientiert aufgeworfene Fragestellungen systematisch und eingebettet in einen größeren Kontext dargestellt und mögliche Lösungswege aufgezeigt werden. Zugleich soll das Projekt Gelegenheit zur Vertiefung methodischer Kompetenzen, insbesondere zur Teamarbeit, geben und zu einem kritischen Blick auf die Bedeutung rechtlicher Vorgaben und Konzeptionen für wirtschaftliche Tätigkeiten "im Alltag" befähigen. Mit der Aufgabenstellung der Professur Jura I im WS 2009/10 wurde daher- ausgehend von einem konkreten, aktuellen Fall der Rechtsprechung, aber nicht beschränkt auf eine reine Fall-Lösung - angestrebt, praxisrelevant die potenziell auftretenden rechtlichen Fragen (Baurecht, Umweltrecht, Ladenschluss- und Gaststättenrecht, Verwaltungsverfahren usw.) der Errichtung und des Betriebs einer Tankstelle in einem allgemeinen (wirtschaftlichen) Kontext herauszuarbeiten. Nach vielen gemeinsamen Überlegungen und Prüfungen in verschiedenste Richtungen entstand so schließlich dieser "Leitfaden".

As a developing country, South Africa is in dire need of socio-economic development and upliftment, especially in the light of past inequalities. Mining generates massive amounts of revenue and creates employment for the masses and could therefore contribute successfully towards socio-economic development, especially in a country which is richly endowed with mineral resources. Mining seems unsustainable due to the fact that it leads to the destruction of the natural environment and the depletion of non-renewable resources. Mining companies must nonetheless strive to achieve sustainability. The Constitution stipulates that the State should establish an environmental governance framework to, amongst others, protect the environment and prevent pollution while ensuring justifiable social and economic development. While the Constitution emphasises the importance of the integration, the question remains as to how the notion of sustainable development should be interpreted in a country suffering from severe poverty and a need for social and economic development. The aim of this study is to determine how the sustainability concept within mining and environmental legislation could be interpreted and given effect in order to ensure better environmental governance within the mining sector. This study indicates that the current environmental governance framework regulating the mining industry is fragmented and lacks the necessary criteria to ensure sustainability. For the purposes of this study, a sustainability model was developed for the mining industry along the lines of the different layers of an "onion" to illustrate the interdependence of the different layers of sustainability. To ensure better sustainability within the environmental governance framework, currently regulating the mining industry, sustainability criteria should be developed, clearly indicating how the different layers of sustainable development should be weighed, balanced and integrated by decision-makers. / Thesis (LL.M. (Environmental law))--North-West University, Potchefstroom Campus, 2012.

Uranium exploration and mining activities in Namibia have increased rapidly since 2003, which increase not only poses a significant impact on the country’s economy, but also on its unique and pristine natural environment. The nature and extent of the environmental impacts associated with uranium mining requires a sound environmental law and policy framework that regulates uranium activities, impacts and aspects during each phase of the project life cycle of a uranium mine. It also requires of authorities to establish and enhance environmental protection and sustainability during uranium mining operations and to ensure that all environmental impacts that inevitably occur as a result of uranium mining activities are addressed in a holistic and integrated manner during each phase of the project life cycle of a uranium mine. In order to do this the country must develop and maintain an efficient and effective environmental governance regime. Namibia’s environmental law and policy framework that regulates uranium mining does not cover the entire PLC of uranium mining. It is vital that the current loops in the country’s existing environmental regulatory framework be closed and that an efficient and effective environmental governance regime, as envisaged in this study, be established. This will enable the administering agents to actively promote and maintain the welfare of the people, ecosystems, essential ecological processes and the biodiversity of Namibia, as well as the utilisation of living natural resources on a sustainable basis to the benefit of all Namibians, both present and future, as pledged in the Namibian Constitution. / Thesis (LL.M. (Environmental law))--North-West University, Potchefstroom Campus, 2012.

Considering that the concept of sustainable development has a function of normative integration in international law, Article 31(3)(c) provides a legitimate basis of such systemic integration. At the same time, it displays the limitations of the harmonious solution drawn from its application because it works only within the rigid consent-based framework in which the referenced rules should be legal “rules” and should be “applicable in the relations between the parties.” International jurisprudence suggests supplemental elements to overleap the consensual limitations in the application of Article 31(3)(c): a generic term and the object and purpose of the treaty. These text-based and the object-and-purpose-based developmental interpretative techniques enable interpreters to consider legal rules that are not “any relevant rules of international law applicable in the relations between the parties” under Article 31(3)(c).

As a developing country, South Africa is in dire need of socio-economic development and upliftment, especially in the light of past inequalities. Mining generates massive amounts of revenue and creates employment for the masses and could therefore contribute successfully towards socio-economic development, especially in a country which is richly endowed with mineral resources. Mining seems unsustainable due to the fact that it leads to the destruction of the natural environment and the depletion of non-renewable resources. Mining companies must nonetheless strive to achieve sustainability. The Constitution stipulates that the State should establish an environmental governance framework to, amongst others, protect the environment and prevent pollution while ensuring justifiable social and economic development. While the Constitution emphasises the importance of the integration, the question remains as to how the notion of sustainable development should be interpreted in a country suffering from severe poverty and a need for social and economic development. The aim of this study is to determine how the sustainability concept within mining and environmental legislation could be interpreted and given effect in order to ensure better environmental governance within the mining sector. This study indicates that the current environmental governance framework regulating the mining industry is fragmented and lacks the necessary criteria to ensure sustainability. For the purposes of this study, a sustainability model was developed for the mining industry along the lines of the different layers of an "onion" to illustrate the interdependence of the different layers of sustainability. To ensure better sustainability within the environmental governance framework, currently regulating the mining industry, sustainability criteria should be developed, clearly indicating how the different layers of sustainable development should be weighed, balanced and integrated by decision-makers. / Thesis (LL.M. (Environmental law))--North-West University, Potchefstroom Campus, 2012.

Uranium exploration and mining activities in Namibia have increased rapidly since 2003, which increase not only poses a significant impact on the country’s economy, but also on its unique and pristine natural environment. The nature and extent of the environmental impacts associated with uranium mining requires a sound environmental law and policy framework that regulates uranium activities, impacts and aspects during each phase of the project life cycle of a uranium mine. It also requires of authorities to establish and enhance environmental protection and sustainability during uranium mining operations and to ensure that all environmental impacts that inevitably occur as a result of uranium mining activities are addressed in a holistic and integrated manner during each phase of the project life cycle of a uranium mine. In order to do this the country must develop and maintain an efficient and effective environmental governance regime. Namibia’s environmental law and policy framework that regulates uranium mining does not cover the entire PLC of uranium mining. It is vital that the current loops in the country’s existing environmental regulatory framework be closed and that an efficient and effective environmental governance regime, as envisaged in this study, be established. This will enable the administering agents to actively promote and maintain the welfare of the people, ecosystems, essential ecological processes and the biodiversity of Namibia, as well as the utilisation of living natural resources on a sustainable basis to the benefit of all Namibians, both present and future, as pledged in the Namibian Constitution. / Thesis (LL.M. (Environmental law))--North-West University, Potchefstroom Campus, 2012.

This thesis explores the influence of governance arrangements on sustainability commitments contained within voluntary forest carbon standards. This exploration is achieved through the application of a two-stage governance and sustainability analysis, which is an amalgamation of analytical tools originating in the “new governance” literature and the sustainability assessment literature. First, each voluntary forest carbon standard is examined in terms of its institutional, political and regulatory dimensions, using a framework adopted from the new governance literature. Second, the sustainability commitments contained within each of the voluntary forest carbon standards are assessed comparatively, using criteria adopted from the sustainability assessment literature. Following this, the results of the two-stage analysis are used to consider and discuss the relationship between governance and sustainability. The voluntary forest carbon standards reviewed in this analysis are the Verified Carbon Standard, the Climate, Community and Biodiversity Standard, Plan Vivo and CarbonFix. / Graduate

The beginning of industrialized fish processing plants reveals themes of labor exploitation, racial and gender segregation, and antagonistic legislation that have continued well into the present. Today in the Pacific North West, the majority of workers are Latino and many among them are undocumented or DACAmented. Many aspects of the work conditions in salmon canneries back in the late 1800’s to the mid 1900’s and the work conditions in present day fish processing plants have not changed. Many jobs in a fish processing plant remain gendered, and when there is more than one race working in a single plant racial tensions as well as differences in the owners expectations of labor output by race may arise. The study interviews undocumented workers and documents their experience working in fish processing plants as well as provides historical context.

Climate change is the greatest environmental international problem facing the world today. This paper begins with a review of the climate change regime to date showing the mistakes that were made leading to failure in Copenhagen. It looks at China’s unique position in the international community and concludes that a meaningful climate change solution is not possible without China’s participation. It examines the concepts of CBDR and fairness to determine whether it is fair for the world to demand China’s participation. It looks at characteristics which should be present in a fair climate change solution, and concludes with a brief look at international trade law to determine what alternatives would be available to a coalition of willing states to encourage China’s participation in a global solution or, in a worst case scenario, to form an effective solution without China’s willing participation.