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Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in South Africa. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting South Africa. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.
With the inclusion of access to energy in the sustainable development goals, the role of energy to human existence was finally recognized. Yet, in Africa, this achievement is far from realized. Omorogbe and Ordor bring together experts in their fields to ask what is stalling progress, examining problems from institutions catering to vested interests at the continent's expense, to a need to develop vigorous financial and fiscal frameworks. The ramifications and complications of energy law are labyrinthine: this volume discusses how energy deficits can burden disabled people, women, and children in excess of their more fortunate counterparts, as well as considering environmental issues, including the delicate balance between the necessity of water for drinking and cleaning and the use of water in industrial processes. A pivotal work of scholarship, the book poses pressing questions for energy law and international human rights.
Climate change mitigation -- Renewable energy policies -- Greenhouse gas -- Renewable energy.
The number of severe and sometimes catastrophic disruptive events has been rapidly increasing. Extreme weather events including floods, wildfires, hurricanes, and other natural disasters have become both more frequent and more severe, whilst events such as the COVID-19 pandemic represent a global threat to public health with huge economic effects that recovery packages tried to address. These disruptive events, alone and in combination, have dramatic consequences on nature, human life, and the economy, calling for urgent action to mitigate their causes and adapt to their impacts. In response to discourses of collapsology and end-of-growth theories, this monograph offers an analytical approach to developing legal responses that can help ensure the needs of present and future generations can be met through energy systems, infrastructure development, and natural resources management in these times of disruption. 'Resilience' is, therefore, seen as a common framework for the interpretation and development of energy, infrastructure, and natural resources law. With a mix of thematic chapters and case studies from multiple jurisdictions, Resilience in Energy, Infrastructure, and Natural Resources Law maps and assesses legal responses to disruptive nature-based events, and examines possible legal pathways for more sustainable outcomes, based on its engagement with this concept of 'resilience' and social-ecological thinking.
Environmental law is a broad and interdisciplinary branch of law within the South African legal system. The promulgation of the 1996 Constitution of the Republic of South Africa provided for the potential acceleration of the development of South African environmental law jurisprudence. The Constitution grants every person the right to an environment that is not harmful to their health or well-being; as well as the right to have the environment protected through reasonable legislative and other measures that prevent pollution, ecological degradation, promote conservation and secure ecological sustainable development and the use of natural resources while promoting justifiable economic and social development. Environmental law deals with a large number of legal problems at the domestic level (i.e. South Africa), the regional life (i.e. African Union), the sub-regional level (i.e. Southern African Development Community), as well as at an international level (i.e. United Nations). At the domestic level, environmental law draws on all the formal sources of law including legislation, common law principles, customary law, indigenous law and international environmental law. The bulk of South African environmental law and principles are regulated by legislation at national level. The most important environmental legislative measures at a national level include the 1996 South African Constitution and the National Environmental Management Act (NEMA) of 1998. Other additional environmental legislation in South Africa deal with issues such as conservation, pollution (atmospheric, land, marine, noise, water and waste management), energy and energy resources. Comment Don: Centre for Human Rights.
Renewable energy is growing worldwide in terms of generation capacity and investment inflows. However, barriers to the transition to renewable energy remain in many countries. This article analyses the barriers to renewable energy in South Africa in the context of global growth, which in 2014, saw South Africa in the top 10 of investments into renewable energy. Regulation through law has potential to address many of the barriers to renewable energy, but investors should understand the nature and extent of these barriers to guide future investment decisions into renewable energy. Law is one of the social, regulatory, and economic instruments that can be used to control and shape development. However, in South Africa the energy and environmental law and policy have not sufficiently addressed the obstacles to renewable energy technologies. Cheap fossil fuel energy led to short-term economic growth, which, in the long term, is not environmentally sustainable. While a lot has been done to enable renewable energy, challenges remain that may make it difficult for investors and foreign corporations to enter the South African renewable energy market. This article concludes that, while the context (socioeconomic and political) of obstacles to renewable energy is relevant, legal and policy barriers are overriding and should be the focus of effort in order to create an enabling regulatory environment.