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An Environmental Impact Assessments (EIA) is a procedure for evaluating the impact of proposed activities on the environment. In modern Africa, EIAs are a growing reality and a matter of law in 22 sub-Saharan African countries. This volume examines various aspects of EIA legislation in these countries, including: definitions and prescribed activities; public participation and consultation; the review process and the quality of EIA reports; monitoring and enforcement; compatibility; and transboundary issues. It highlights the role and degree of public participation for the further development of EIA law and policy.
C.O.OKIDl1 I welcome the opportunity to prepare a Foreword to the book on Environmental Policy and Law in Africa, edited by Kevin R. Gray and Beatrice Chaytor. It is a pleasure to do that because the book is a contribution to the cause of capacity building for development and implementation of environmental law in Africa, a goal towards which I have had an undivided focus over the last two decades. There is still some belief in and outside Africa that for developing countries in general, and Africa in particular, development and implementation of environmental law is not a priority. This belief prevails strongly in many quarters of the industrialised countries. In fact, the view is held either out of blatant ignorance or by some renegade industrialists who fail to appreciate Michael Royston's 1979 thesis that Pollution Prevention Pays.2 That group, for obvious reasons, must have their correspondent counterparts in Africa to provide hope that industries rejected as derelict in the West or inoperable due to rigorous environmental regulation, can find homes to which they can escape and dump their polluting industries.
This volume explores the potentially transformative role of effective laws and legal institutions in providing people with more opportunity that is both inclusive and equitable.
Agricultural Law in Sub-Saharan Africa: Cases and Comments introduces the subject of agricultural law and economics to researchers, practitioners, and students in common law countries in Sub-Saharan Africa, and presents information from the legal system in Botswana, Gambia, Ghana, Lesotho, Malawi, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Zambia, and Zimbabwe. The law and economics approach entails the use of quantitative methods in research. This is consistent with the expectations in an applied economics field such as agricultural economics. Covering the general traditional law topics in contracts, torts, and property, the book goes further to introduce cutting-edge and region-relevant topics, including contracts with illiterate parties, contract farming, climate change, and transboundary water issues. The book is supported by an extensive list of reference materials, as well as study and enrichment exercises, to deepen readers' understanding of the principles discussed in the book. It is a learning tool, first and foremost, and can be used as a stand-alone resource to teach the subject matter of agricultural law and economics to professionals new to the subject area as well as to students in law school, agricultural economics, economics, and inter-disciplinary classes. - Offers research findings on such topics as food safety, climate change, transboundary natural resources, international sale of goods, patents, and trademarks to highlight the future sources of pressure on the agriculture industry - Uses case-studies to provide real-world insights into the challenges and considerations of appropriate agricultural law development - Challenges readers to carry out their own research in their areas of study, and to gain some understanding of the relationship between law, economics, and statistics - Includes extensive resources, such as chapter summaries, study questions, and challenge questions at the end of each chapter to assist instructors and students in gaining full benefits from using the book - Provides separate instructor and student study guides, a test bank, and test bank answers, in hardcopy and electronic formats
Environmental health remains at the periphery of sustainable development, because it is inadequately defined and institutionally fragmented. This publication aims to provide ways of addressing this multisectoral problem. It is in three parts. The first looks at harmonising sectoral priorities and shows that environmental health can target at least as much disease as the health sector. The second part provides environmental health assessment guidelines. The third part looks at the results of a pilot project to put theory into practice in Ghana.
Standards and Thresholds play an important role in many stages of the Environmental Impact Assessment (EIA) process. They can be legally binding or guidance values and are linked to environmental data. This book provides a comprehensive collection of standards and thresholds, with their derivation and application in case studies of EIA projects. The text introduces key drivers of standards, their effect on environment and health, emerging issues and more.
The main objective of this volume is to provide information and guidance on EIA and SEA good practice with particular application to developing countries and countries in transition to market economies. It is intended to support local practitioners in the design and implementation of appropriate country specific EIA and SEA arrangements and in addressing emerging demands for a more integrated approach to decision-making in support of sustainable development.
This is an updated edition of the 1995 version. In the mid-1980's, the IUCN CEL, in consultation with leading experts from around the world, began to respond to a need later identified by Agenda 21: the preparation of an integrated framework for international environmental law.
About the publication It is with great joy that I, along with the editorial committee, present to you, reader, the 2017 Pretoria Student Law Review. On this journal’s 11th edition, it has been an expansive year with a wider variety of topics being researched and produced by our authors. As law students, young scholars and future legal practitioners, we have a duty to utilise the unique position that we are in to challenge the status quo. Fittingly, the topics covered prove themselves to be contemporary and legally pertinent and encourage critical thinking of the law and its place in South African society. This year has not only been a challenging one for students, staff and parents but also for the citizens of South Africa as a whole. It is thus with even greater pleasure that we offer our humble contribution to legal academia. Every year of publication faces its own challenges, and this year was no different. However, it is through setbacks and ambitious deadlines that which makes a finalised product that much more deserved. This year’s edition touches on a variety of themes which is certain to pique anyone’s interest. This year’s edition of the PSLR would not have been possible without the dedication and hard work of a particularly motivated and dedicated team. To Simon Botha, Privilege Chanana, Rutendo Chinomona, Roxanne Gilbert, Lethabo Mailula, Agnes Matasane, Raeesah Thomas, Thomas White and Jurgen Zwecker for your long hours and persistence in the production of this year’s edition. You all have contributed to the mechanism of this wonderful team and it has been a privilege to have worked with you. I would further like to thank the authors for their submissions and tireless efforts to produce quality articles. My further thanks to Prof Andre Boraine and Lizette Hermann for their consistent guidance and leadership this year. This year’s edition would not be the success it is without their encouragement and input this year. A further thank you to Prof Philip Stevens for his contributions and input. I would also like to thank Adebayo Okeowo for his contribution for the cover for this year’s edition. I trust you, the reader, will find the included articles as insightful and though-provoking as the editorial team did. Sarah Burford Managing editor Table of Contents Editors’ note Sarah Burford From the Dean’s desk Andre Boraine Media freedom in Kenya in 2017: A reality or a mirage? Shirley Genga Re-imagining a culture of justification through transformative constitutionalism and the philosophy of ubuntu Ofentse Thato Kgabo The effects of public participation on environmental impact assessment Amori Kock A comparative analysis of the UNICITRAL Model Law on Cross-Border Insolvency and EU Insolvency Regulation 2017, against the background of various sources of cross-border insolvency law Primrose E.R. Kurasha Anti-doping: The credibility of the Whereabouts rule Primrose E.R. Kurasha Tax morality: Examining the BEPS debate, work of the OECD and its impact on Africa Daniel Godson Olika Marikana, a past never truly escaped: A critique on the commodification of the legal system and the law as an instrument of justice in post-apartheid South Africa Vaughn Rajah Administrative law — a tool for social justice and transformative constitutionalism: The implications of Melani v City of Johannesburg Nelsie Siboza Reflection and cogitation on the fallacy of postapartheid jurisprudence and the residue of apartheid jurisprudence: The Marikana massacre Tshepo Twala