scholarly journals The Interdependence of Labour and Environmental Rights in South Africa

2021 ◽  
Vol 8 (2) ◽  
pp. 120-151
Author(s):  
J. Hall ◽  
M. Van Staden
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Social Justice ◽  
Environmental Law ◽  
Labour Law ◽  
Environmental Rights ◽  
Potential Relationship ◽  
Biophysical Environment ◽  
Societal Problems

Labour and environmental rights in South Africa both originated in reaction to particular and important societal problems. Labour law has traditionally been concerned with inequalities of bargaining powers, whilst environmental law was historically concerned with protection of the biophysical environment. At first glance the two rights therefore appear to be unrelated. In view of arguments that fundamental human rights cannot be achieved in isolation. This article explores the potential relationship between the two rights. It begins by providing an overview of the intersection between labour and environmentalists during the struggle against Apartheid as a basis for identifying the priorities of both sectors in advocating for the two rights and how the divide between the two narrowed. That overview provides a backdrop for the discussion which follows regarding how the intersection between the rights has played out both within the traditional and expanded conceptualisations of labour law. The study finds that the two rights do have a dependence and that the environmental arena has provided the basis for the continuation of the fight to ensure social justice for both the traditional and extended reconceptualized approach to labour law.

Part II Historical and Legal Sources, Ch.12 Social Justice, Rights, and Labour

2013 ◽  
Author(s):  
Diller Janelle M
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Social Rights ◽  
International Labor Organization ◽  
Labour Law ◽  
International Human Rights ◽  
Labour Movement ◽  
International Labor ◽  
History Of ◽  
International Human

This article examines the issues of social justice, social rights, and the international labour movement in relation to international human rights. It traces the history of the emergence of international labour law and describes the action and innovation of the International Labor Organization (ILO). It suggests that the ILO�s structural machinery and guiding principles served as the global reference point for setting and supervising standards on workers� rights, freedoms, and entitlements.

Law and Economic Development in South Africa: An Assessment through the General Theory of Law and Development

2019 ◽  
Vol 12 (2) ◽  
pp. 377-401 ◽  
Author(s):  
T. K. Pooe
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Human Rights ◽  
Social Justice ◽  
General Theory ◽  
Local Governments ◽  
Local Economic Development ◽  
African National Congress ◽  
Law And Development ◽  
Theory Of Law

Abstract The ascension of the African National Congress into formal politics through its electoral victory in 1994 resulted in South Africa adopting one of the world’s most heralded social justice and human rights-based documents, the 1996 Constitution. Yet, two-decades of ANC governance this paper argues has not led to the types of economic development needed to advance the formerly oppressed African majority, Colored and Indian populations. This lackluster economic development is even more troubling when one considers the giant economic development steps Asian developmental states have made, without a human rights and social justice approach. It is the contention of this paper that the newly presented General Theory of Law and Development allows for a new type of analysis exploring the reasons why South Africa’s economic development trajectory has been so lackluster, when so many authorities praise the South African legal framework. In making this argument using the General Theory South Africa’s local governments sphere and local economic development will be the subject of analysis.

5. Non-State Actors: Environmental Rights, Liability, and Crimes

2021 ◽  
pp. 282-355
Author(s):  
Alan Boyle ◽  
Catherine Redgwell
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Legal System ◽  
Environmental Law ◽  
Environmental Problems ◽  
Environmental Rights ◽  
Environmental Disputes ◽  
Alternative Approaches ◽  
Polluter Pays Principle ◽  
International Legal System

This chapter turns to some of the environmental rights and obligations which attach to individuals, corporations, and NGOs in international law. The chapter considers some alternative approaches to the implementation and enforcement of international environmental law. Relying less on interstate claims, or on mechanisms of international supervision, the development of human-rights approaches to environmental protection and the economic logic of the polluter-pays principle have made claims by individuals an increasingly attractive means of dealing with domestic or transboundary environmental problems. But the diversity of the issues needs emphasis in this context also. National remedies are not necessarily alternatives to the systems considered in the last chapter, but are more often complementary to it, and only in certain respects more useful. The variety of approaches now available for the resolution of international environmental disputes does indicate the increasing sophistication of the international legal system, the chapter argues.

THE INTEGRATION OF ENVIRONMENTAL PROTECTION CONSIDERATIONS WITHIN THE HUMAN RIGHTS LAW REGIME: WHICH SOLUTIONS HAVE BEEN PROVIDED BY REGIONAL HUMAN RIGHTS COURTS?

2015 ◽  
Vol 24 (1) ◽  
pp. 191-218
Author(s):  
Marie-Catherine Petersmann
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Environmental Law ◽  
Case Law ◽  
Analytical Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Environmental Rights ◽  
Hierarchical Relationship ◽  
Legal Regimes

This contribution aims to identify the numerous conflicts that arise between environmental protection regulations and specific human rights. By focusing on the case law of regional human rights mechanisms, it highlights the “positive” and the “negative” integration of international environmental law (IEL) within the human rights law (HRL) regime. It argues that these supposedly separate bodies of law are in reality intertwined. The case law analysis of the negative integration of IEL within the HRL regime teaches us that HRL adjudicators have done more than neutrally measure conformity of environmental protection regulations with the HRL regime. While some cases add specific procedural requirements to these environmental protection regulations – Xàkmok Kàsek case – others establish a hierarchy between IEL and HRL – Fredin and Turgut cases – and yet others engage in defining and arguably even producing environmental rights – Herrick and Chapman cases. This contribution provides specific insights into how regional human rights adjudicators resolve conflicts and what consequences result from the judicial techniques in terms of both the content of the respective legal regimes and their hierarchical relationship. It argues that both content and implementation of IEL cannot be understood without integrating HRL adjudicators into the analytical framework.

scholarly journals A PROTEÇÃO DOS DIREITOS AMBIENTAIS PELO SISTEMA INTERNACIONAL DOS DIREITOS HUMANOS THE PROTECTION OF ENVIRONMENTAL RIGHTS BY THE INTERNATIONAL SYSTEM OF HUMAN RIGHTS

2017 ◽  
Vol 3 (1) ◽  
pp. 61
Author(s):  
Carolina Prado Da Hora ◽  
Ricardo Libel Waldman
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
International System ◽  
Environmental Law ◽  
Case Law ◽  
Environmental Rights ◽  
Biographical Research ◽  
European Court ◽  
Protection Of Human Rights ◽  
Descriptive Method

O artigo tem como tema o estudo da proteção do direito ambiental pelo sistema internacional dos direitos humanos. Através do método descritivo e da pesquisa bibliográfica e em outros documentos, objetiva-se analisar como ocorre a proteção do direito ambiental pelo sistema de proteção internacional dos direitos humanos, analisando o próprio sistema internacional, o direito internacional ambiental e a jurisprudência da Corte Europeia e da Comissão e da Corte Interamericana de Direitos Humanos. Por fim, conclui-se que a proteção do direito internacional ambiental se dá por meio do seu diálogo com os direitos humanos, através do dito “esverdeamento” destes.This paper has as subject matter the study of environmental protection by the human rights international system. Through the descriptive method and biographical research, the goal is to analyze how environmental protection is realized by the international system of protection of human rights, environmental law and the case law of European Court of Human Rights, Inter American Comission on Human Rights and Inter American Court on Human Rights. It is concluded that environmental protection is done by means of its dialogue with human rights, the “greening” of the latter and the linkage between the environmental cause and human rights.

Challenges of Human Rights Literacy in Developing Countries: Lessons from South Africa and Bangladesh on Conducting Street Law for the School Students

2017 ◽  
Vol 5 (1) ◽  
pp. 40-59
Author(s):  
Arpeeta Shams Mizan
Keyword(s):  
South Africa ◽  
Developing Countries ◽  
Human Rights ◽  
Social Justice ◽  
Law Students ◽  
Basic Question ◽  
Test Cases ◽  
School Students ◽  
Political Reality ◽  
Authoritarian Government

This article provides a comparative analysis of the experience, challenges and future prospects of Street Law programmes as conducted in two developing countries: South Africa and Bangladesh. The Street Law programmes in South Africa were initiated as a means towards developing democracy and an empowered society, while in Bangladesh, Protidiner Ain started as a law clinic aimed at introducing law students to social justice issues. Despite proving to be successful, the human rights literacy programmes in developing countries have faced tremendous challenges: starting from the basic question of finding to surviving under authoritarian government regimes. This article takes South Africa and Bangladesh as test cases and shows how the socio-political reality and economic problems in developing countries affect such programmes both positively and negatively. It also discusses the various stages Street Law went through before being established and recognized as a tool for social justice. The challenges faced by the two countries have also helped create some of the best practices for each other to be followed and further developed.

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