Australia

Environmental Law ◽

Environmental Values ◽

Implementation Framework ◽

State Legislation ◽

Credible Information ◽

The Relationship ◽

This chapter examines the structure and substance of environmental law in Australia. It begins with a discussion of how powers are distributed in environmental governance in Australia, taking into account the law’s constitutional basis, and more specifically the division of legislative capacity between the states and the Commonwealth, as well as the relationship between Commonwealth and state legislation in practice. It then considers environmental protection, with a focus on protection from pollution and harm, conservation of environmental values, and the emergence of a complex system to facilitate ecologically sustainable development. It also analyses the implementation framework for Australian environmental law, emphasizing the importance of credible information and analysis in making decisions about the future use of the environment and about past actions impacting on it. Finally, it explores the nature of sanctions and remedies, including compliance with liability rules and decision-making rules as well as the nature of environmental litigation.

In Search of Global Law: The Significance of the Earth Charter

Worldviews Global Religions Culture and Ecology ◽

10.1163/1568535041337766 ◽

2004 ◽

Vol 8 (1) ◽

pp. 62-75 ◽

Cited By ~ 3

Author(s):

Klaus Bosselmann

Keyword(s):

Environmental Law ◽

Legal Framework ◽

International Environmental Law ◽

Legal Traditions ◽

The Earth ◽

Ecological Principles ◽

Earth Charter ◽

Global Law ◽

AbstractWestern legal traditions are anthropocentric in character and largely hostile to ecological principles. However, domestic and international environmental law show signs of an ecocentric orientation. In the search for a legal framework for ecologically sustainable development the Earth Charter marks an important step forward. Among its ground-breaking principles are ecologically defined concepts of sustainability, justice and rights.

2007 IUCN Academy of Environmental Law Colloquium in Brazil ?Rio+15: A Legal Critique of Ecologically Sustainable Development?

Review of European Community & International Environmental Law ◽

10.1111/j.1467-9388.2007.00546.x ◽

2007 ◽

Vol 16 (1) ◽

pp. v-v

Keyword(s):

Sustainable Development ◽

Environmental Law ◽

The "Brown" Environmental Agenda and the Constitutional Duties of Local Government in South Africa: A Conceptual Introduction (note)

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2015/v18i5a702 ◽

2016 ◽

Vol 18 (5) ◽

pp. 1845

Author(s):

AA Du Plessis

Keyword(s):

South Africa ◽

Sustainable Development ◽

Local Government ◽

Service Delivery ◽

Urban Development ◽

Environmental Health ◽

Municipal Service ◽

This note explores the interrelationship between ecologically sustainable development (the green environmental agenda) and pro-poor urban development and environmental health (the brown environmental agenda) in relation to local government in South Africa. The meaning and relevance of the brown agenda versus the green agenda in environmental governance are discussed in general. This discussion subsequently feeds into the argument that South Africa's constitutional environmental right also foresees the advancement of the brown environmental agenda, which has implications for the interpretation and enforcement of local government's service delivery mandate. This link between municipal service delivery and the environmental right further informs understanding of what is required of government to fulfill this right. This paper is thus devoted to an introductory conceptual framing of South Africa's environmental right that goes beyond the green agenda. This impacts on how the constitutional duties of municipalities are interpreted and executed.

South Africa

The Oxford Handbook of Comparative Environmental Law ◽

10.1093/law/9780198790952.003.0015 ◽

2019 ◽

pp. 314-333

Author(s):

Jan Glazewski

Keyword(s):

South Africa ◽

South African ◽

Local Governments ◽

Environmental Law ◽

Bill Of Rights ◽

Implementation Framework ◽

Domestic Law ◽

National Environmental

This chapter examines the environmental law of South Africa. It first considers how powers are allocated with regards to environmental law, taking into account the constitutional and other bases of South African environmental law, the elevated status of international law in South African domestic law, relevant provisions of the Bill of Rights with respect to environmental rights and sustainable development, and distribution of competences among national, provincial, and local governments regarding environmental governance. The chapter goes on to discuss the structure and substance of South Africa’s environmental law, focusing on the National Environmental Management Act (NEMA) and the environmental principles and sectorial laws it contains. It also analyses the implementation framework for environmental law, describing cooperative governance in practice and the role of relevant governmental departments from integration to sectorialization. Finally, it provides an overview of the legal conundrums created by the so-called One Environmental System (OES).

The application of just administrative action in the South African environmental governance sphere: an analysis of some contemporary thoughts and recent jurisprudence

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ◽

10.17159/1727-3781/2004/v7i2a2850 ◽

2017 ◽

Vol 7 (2) ◽

pp. 57 ◽

Cited By ~ 1

Author(s):

LJ Kotzé

Keyword(s):

South African ◽

Environmental Law ◽

Case Law ◽

Constitutional Rights ◽

Development Activity ◽

Administrative Action ◽

The Right ◽

The Relationship ◽

Administrative Justice

Administrative law, and more specifically administrative justice, is becoming increasingly important in the context of environmental law. The enforcement of environmental law depends to a large extent on administrative decision-making by environmental authorities. A developer who whishes to undertake a development activity that may have a detrimental effect on the environment, will require an environmental authorization that must be granted by the relevant environmental authority. There may be certain instance where the application for such an authorization is unduly delayed, or where there are mala fides on the part of the relevant authority. This may inevitably infringe the right of the developer to, inter alia, administrative justice. It is argued in this article that the developer has certain constitutional rights which can be invoked when dealing with environmental authorities. Hence, the discussion in this article focuses on the relationship between administrative justice and environmental governance; the constitutional rights of the developer; and recent case law that supports the proposal that the developer has legal recourse when her right to administrative justice has been infringed.

Interdisciplinary Approaches to Public Policy and Sustainability - Practice, Progress, and Proficiency in Sustainability ◽

The Role of Corporations in Achieving Ecological Sustainability

10.4018/978-1-7998-0315-7.ch011 ◽

2020 ◽

pp. 228-247

Author(s):

Chaitra Rangappa Beerannavar

Keyword(s):

Environmental Management ◽

Sustainable Development ◽

Industrial Development ◽

Environmental Law ◽

Ecological Sustainability ◽

Competitive Strategies ◽

Long Run ◽

Industrial development of the past 200 years has brought immeasurable wealth and prosperity. However, it has also caused an unintended eco-logical degradation. Hence, the focus of environmental law has shifted from the creation of global frameworks to deal with environmental problems to comply with those frameworks. As a result, the primary actors in environmental law have shifted from the state and the global community to corporations. As a consequence, environmental policies must develop along legally holistic lines. The role corporations have had in achieving ecological sustainability is poorly understood. In the backdrop of the above issues, the chapter examines the implications of ecologically sustainable development for corporations. It articulates corporate ecological sustainability through the concepts of environmental management and ecologically sustainable competitive strategies. It further examines the implications that these concepts have for a corporation in the long run.

Protecting Natural Resources

10.1093/oso/9780198795667.003.0007 ◽

2018 ◽

Author(s):

Jérémie Gilbert

Keyword(s):

Climate Change ◽

Human Rights ◽

Natural Resources ◽

Environmental Law ◽

Legal Framework ◽

Human Rights Law ◽

International Environmental Law ◽

Conservation Of Natural Resources ◽

The Relationship ◽

Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.