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13 publication(s) trouvée(s)
Article scientifique
Structural Interdictics for Environmental Rights Violations? South African Human Rights Commission v Msunduzi Local Municipality (8407/2020P) [2021] ZAKZPHC 35 (17 June 2021)*
The environmental right, as provided in section 24 of the Constitution of the Republic of South Africa, 1996 (Constitution), read …
Article scientifique
Getting Ahead of the 'Game': The Reclassification of Wild Animals Contained in Protected Areas as Res Publicae"
The common law "escape rule" determines that if a wild animal escapes from its controlled environment and reverts to its …
Article scientifique
South African Environmental Law and Political Accountability: Local Councils in the Spotlight
The world is facing an environmental crisis threatening human and non-human existence. Various actors are responding to this crisis, including …
Article scientifique
Can norms bridge boundaries? Systems theory’s challenge to eco-theology and Earth system law
The following article was written to honour Johan Buitendag’s contribution to the discipline of eco-theology. Assuming an interdisciplinary stance, eco-theology …
Article scientifique
Municipal Courts and Environmental Justice in South African Local Government
Environmental injustice is part and parcel of the fundamentals of international and domestic environmental law. In South Africa, section 2(4)(c) …
Article scientifique
Gongqose v Minister of Agriculture, Forestry and Fisheries – A Tale of Customary Rituals and Practices in Marine Protected Areas
The correct application of customary law post constitutionalism continues to be the subject of much judicial and academic deliberation. This …
Article scientifique
Editorial
In this first of at least three editions planned for 2006, the focus is on environmental law: Professor Verschuuren of …
Article scientifique
Developmental and environmental responsibilities of the "Rechtsstaat"
The most important difficulty facing a Rechtsstaat idea when it comes to the realization of "sustainable development", lies in the …
Article scientifique
Land Restitution through the Lens of Environmental Law: Some Comments on the South African Vista
Land reform in South Africa and the realisation of the section 25 property clause of the Constitution of South Africa, …
Article scientifique
The application of just administrative action in the South African environmental governance sphere: an analysis of some contemporary thoughts and recent jurisprudence
Administrative law, and more specifically administrative justice, is becoming increasingly important in the context of environmental law. The enforcement of …
Article scientifique
Improving Unsustainable Environmental Governance in South Africa: the Case for Holistic Governance
Environmental law in South Africa has developed in a rapid fashion since the inception of the new constitutional dispensation in …
Article scientifique
Editorial
This issue deals with a selection of topics of environmental law. As it should be clear from the short tribute …
Article scientifique
Beyond Public Particpation: The disjuncture between South Africa's Environmental Impact Assessment (EIA) Law and Sustainable Development
One of the key strategies for achieving sustainable development is the use of the process of evaluating the potential environmental …