Browsing by Author "Sibeko, Ziyanda Kgotso"

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The development and application of the precautionary principle in south african environmental law
(University of the Witwatersrand, Johannesburg, 2023-02-15) Sibeko, Ziyanda Kgotso; Murombo, Tumai
The Precautionary Principle has advanced considerably as an international environmental principle over the past few years, and it has been enacted in the international and domestic laws of several countries, including South Africa. Furthermore, the PP has been applied and tested in various judgments in different jurisdictions and fora. This research report seeks to interrogate the codification of the PP in international environmental conventions such as the Rio Declaration on Environment and Development, the United Nations Framework Convention on Climate Change, and the Vienna Convention on the Protection of the Ozone Layer and other international statutory instruments. While this study does not purport to perform a comprehensive comparative analysis of other domestic environmental law frameworks, it does refer to environmental law frameworks in Canada, Australia, and the Netherlands with the overarching goal of drawing comparisons and eliciting best practises that may inform amendments to South Africa’s legal framework. The report also tracks and investigates the impact of the PP’s incorporation into South African statutes such as the National Environmental Management Act 107 of 1998 and its application by courts and tribunals, including the Constitutional Court of South Africa. Lastly, the study draws conclusions from the findings and makes recommendations for how policymakers, legislators, and our courts can better use and apply the PP as an internationally recognised principle of environmental law to advance environmental sustainability and management.