Finding nema: The national environmental management act, the de hoop dam, conflict resolution and alternative dispute resolution in environmental disputes

This article considers the proposed De Hoop Dam on the Olifants River, Water Management Agencies, conflict between government departments and other organs of state, the involvement of NGOs and conflict-breaching mechanisms. The point of this article is not to debate the rights and wrongs of the project or to weigh in on behalf of either side in the dispute, but to show that there is a genuine dispute about the course which should be followed as well as interests which were not taken into account properly in the initial impact assessment and decision-making processes. Consequently, that this was (and is) an appropriate case for conciliation and dispute resolution mechanisms, which are key – and underutilised – features of the National Environmental Management Act 107 of 1998 and of the National Water Act 36 of 1998. If this case could be settled by means of alternative dispute resolution techniques, others might follow and future environmental disputes be settled with accommodation of a greater number of interests. The matter discussed in this article is not hypothetical, but a real and urgent legal and environmental problem

Avoiding Mazibuko: Water Security and Constitutional Rights in Southern African Case Law

The 2009 judgment by the Constitutional Court of South Africa in Mazibuko v City of Johannesburg is seen by many as a watershed in the interpretation of the fundamental constitutional right of access to water. The Constitutional Court ruled that the right of access to sufficient water does not require that the state provide every person upon demand and without more with sufficient water. Nor does the obligation confer on any person a right to claim "sufficient water" from the state immediately. Reactions to the judgment have been consistently negative, with criticisms largely focusing on the Court's apparent lack of appreciation for the situation of the very poor. It is not easy, however, to overturn a decision of the Constitutional Court and South Africa will need to work within the constraints of the precedent for many years to come. It is suggested in this article that two subsequent, recent judgments (one of the Supreme Court of Appeal in South Africa, City of Cape Town v Strümpher, 2012, and one of the High Court in Zimbabwe, Mushoriwa v City of Harare, 2014) show how it might be possible for courts to avoid the Mazibuko precedent and yet give special attention to water-related rights. Both cases concerned spoliation applications in common law, but both were decided as though access to water supply and water-related rights allow a court to give weight to factors other than the traditional grounds for a spoliation order. It can be argued that in both cases the unlawfulness necessary for a spoliation order arose from a combination of dispossession and breach of rights in respect of a very particular and special kind of property. In the arid and potentially water-stressed Southern African region, and in the context of extreme and apparently increasing poverty, there will undoubtedly be more court cases to come involving access to water. Conclusions are drawn as to how the two judgments considered might offer a way to ameliorate the harsh effects of the Mazibuko judgment.      

Finding Nema: The National Environmental Management Act, the De Hoop Dam, Conflict Resolution and Alternative Dispute Resolution in Environmental Disputes

At a time when it is recognised that large dams have potentially serious environmental consequences; it appears that a dam, the De Hoop dam, is to be constructed in Mpumalanga Province. The dam may seriously disrupt ecosystems in the Kruger National Park. Authorisation for the dam was granted by the Minister: Department of Environmental Affairs and Tourism, based on a badly flawed environmental impact assessment (EIA) process; the Record of Decision (ROD) from the Minister was equally inadequate. Following objections and appeals, the Minister released a revised RoD in which important changes were made. The flawed EIA and approval processes, however, may come back to haunt the decision-maker; yet value lies in the lessons to be drawn from the initial failure to consider the views of interested and affected parties. In the end, an abridged form of Alternative Dispute Resolution (ADR) is to be followed; but much harm could have been avoided had this been done from the beginning. The ‘de hoop’ must be that these errors will be avoided in future in such disputes and a culture of ADR fostered.  &nbsp

ULF waves in the low‐latitude boundary layer and their relationship to magnetospheric pulsations: A multisatellite observation

On April 30 (day 120), 1985, the magnetosphere was compressed at 0923 UT and the subsolar magnetopause remained near 7 REgeocentric for ∼2 hours, during which the four spacecraft Spacecraft Charging At High Altitude (SCATHA), GOES 5, GOES 6, and Active Magnetospheric Particle Tracer Explorers (AMPTE) CCE were all in the magnetosphere on the morning side. SCATHA was in the low-latitude boundary layer (LLBL) in the second half of this period. The interplanetary magnetic field was inferred to be northward from the characteristics of precipitating particle fluxes as observed by the low-altitude satellite Defense Meteorological Satellite Program (DMSP) F7 and also from absence of substorms. We used magnetic field and particle data from this unique interval to study ULF waves in the LLBL and their relationship to magnetic pulsations in the magnetosphere. The LLBL was identified from the properties of particles, including bidirectional field-aligned electron beams at ∼200 eV. In the boundary layer the magnetic field exhibited both a 5–10 min irregular compressional oscillation and a broadband (Δƒ/ƒ ∼ 1) primarily transverse oscillations with a mean period of ∼50 s and a left-hand sense of polarization about the mean field. The former can be observed by other satellites and is likely due to pressure variations in the solar wind, while the latter is likely due to a Kelvin-Helmholtz (K.-H.) instability occurring in the LLBL or on the magnetopause. Also, a strongly transverse ∼3-s oscillation was observed in the LLBL. The magnetospheric pulsations, which exhibited position dependent frequencies, may be explained in terms of field line resonance with a broadband source wave, that is, either the pressure-induced compressional wave or the K.-H. wave generated in or near the boundary layer

Consistent truncations of supergravity and 1/2-BPS RG flows in 4d SCFTs

With the purpose of holographically describing flows from a large family of four dimensional ${\cal N}=1$ and ${\cal N}=2$ conformal field theories, we discuss truncations of seven dimensional supergravity to five dimensions. We write explicitly the reduced gauged supergravity and find BPS equations for simple configurations. Lifting these flows to eleven dimensions or Massive IIA supergravity, we present string duals to RG flows from strongly coupled conformal theories when deformed by marginal and/or relevant operators. We further discuss observables common to infinite families of ${\cal N}=1$ and ${\cal N}=2$ QFTs in this context.Comment: 28 pages plus appendixes. JHEP versio

CITES, wild plants, and opportunities for crime

The illegal trade in endangered plants damages both the environment and local communities by threatening and destroying numerous species and important natural resources. There is very little research which systematically addresses this issue by identifying specific opportunities for crime. This article presents the results of an interdisciplinary study which brings together criminological and conservation science expertise to identify criminal opportunities in the illegal wild plant trade and suggest strategies in order to prevent and mitigate the problem. Methodologically, the study adapts a crime proofing of legislation approach to the UN Convention on the International Trade in Endangered Species of Wild Fauna and Flora and is based on documentary and interview data. Situational crime prevention is used as a framework to provide points for effective intervention

Life, time, and the organism:Temporal registers in the construction of life forms

In this paper, we articulate how time and temporalities are involved in the making of living things. For these purposes, we draw on an instructive episode concerning Norfolk Horn sheep. We attend to historical debates over the nature of the breed, whether it is extinct or not, and whether presently living exemplars are faithful copies of those that came before. We argue that there are features to these debates that are important to understanding contemporary configurations of life, time and the organism, especially as these are articulated within the field of synthetic biology. In particular, we highlight how organisms are configured within different material and semiotic assemblages that are always structured temporally. While we identify three distinct structures, namely the historical, phyletic and molecular registers, we do not regard the list as exhaustive. We also highlight how these structures are related to the care and value invested in the organisms at issue. Finally, because we are interested ultimately in ways of producing time, our subject matter requires us to think about historiographical practice reflexively. This draws us into dialogue with other scholars interested in time, not just historians, but also philosophers and sociologists, and into conversations with them about time as always multiple and never an inert background

An AP-MS- and BioID-compatible MAC-tag enables comprehensive mapping of protein interactions and subcellular localizations

Protein-protein interactions govern almost all cellular functions. These complex networks of stable and transient associations can be mapped by affinity purification mass spectrometry (AP-MS) and complementary proximity-based labeling methods such as BioID. To exploit the advantages of both strategies, we here design and optimize an integrated approach combining AP-MS and BioID in a single construct, which we term MAC-tag. We systematically apply the MAC-tag approach to 18 subcellular and 3 sub-organelle localization markers, generating a molecular context database, which can be used to define a protein's molecular location. In addition, we show that combining the AP-MS and BioID results makes it possible to obtain interaction distances within a protein complex. Taken together, our integrated strategy enables the comprehensive mapping of the physical and functional interactions of proteins, defining their molecular context and improving our understanding of the cellular interactome.Peer reviewe