The South African coastal and marine environment is an essential ecologic and
economic asset. Its associated services and products are substantially contributing to
economic growth and sustainable development of the country. However, it is
internationally and nationally recognised that land-based marine pollution (LBMP) is
the most important single risk to the health and sustainability of coastal and marine
waters and the associated ecosystems. The regulation of LBMP at the national level
is still difficult and challenging. The issue of LBMP management has only recently
been introduced in South Africa with the development of the National Programme of
Action to Protect Marine Environment from Land-based Activities, 2008. South Africa
is only starting to consider the question of LBMP regulation. This thesis aims to
conduct a critical analysis of the South African regulatory framework pertaining to
LBMP in comparison to international best practice and the French regulatory
framework, in order to identify the key South African challenges in this regard and to
make recommendations to address them.
In order to do so, this research commences by providing an analysis of LBMP and
the theoretical foundations associated with LBMP regulation, as promoted by
international best practice. The study identifies and assesses the main regulatory
features to be considered in the development, implementation and/or assessment of
a regulatory framework pertaining to LBMP. These features will form the
methodological framework to conduct the comparative legal assessment between the
French and South African regulatory frameworks pertaining to LBMP.
This thesis then provides a detailed and thorough legal analysis of the French and
South African regulatory frameworks pertaining to LBMP using the methodological
framework developed using guidance from international best practice.
Finally, based on lessons learnt from the comparative legal study, this study
concludes with a set of recommendations for the South African context. / Thesis (LL.D.)--North-West University, Potchefstroom Campus, 2011.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nwu/oai:dspace.nwu.ac.za:10394/5229 |
| Date | January 2010 |
| Creators | Parramon, Marie |
| Publisher | North-West University |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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