Misplacing Nema A Consideration of Some Problematic Aspects of South Africa's New EIA Regulations

In mid-2006, new Regulations governing environmental impact assessment were published in terms of the National Environmental Management Act 107 of 1998.  It is argued in this article that the old Regulations under the Environment Conservation Act 73 of 1989, which were replaced, had proved inadequate not because of any inherent deficiency, but because they were never properly implemented and because they were instead subjected to much inaccurate criticism.  The article then canvasses the old Regulations and considers criticisms thereof, before canvassing the new Regulations and assessing differences between the old and the new.  Various specific concerns and potential shortcomings are raised and considered; and various interpretations are offered of problematic provisions.  A prognosis for the success and/or failure of the new Regulations is then put forward in the context of the South African government's present approach to economic growth, environmental protection and the enforcement of environmental legislation.  Finally, it is argued that there are danger signs that the new Regulations will be as misunderstood and misapplied as were the old Regulations and that the fundamental principles of the National Environmental Management Act are likely not to be adhered to in the implementation of the new Regulations.  &nbsp

International Wildlife Law : Understanding and Enhancing Its Role in Conservation

We gratefully acknowledge valuable input by Kees Bastmeijer, Sanja Bogojevic, Jennifer Dubrulle, and Han Somsen.Peer reviewedPublisher PD

A comparison of constitutional provisions on water-related rights in Southern African states

The purpose of this chapter is to isolate water-related rights as well as water protection-relevant provisions in constitutions of the 15 SADC member states (as well as Kenya), to explain each briefly, to group the states according to whether they provide a right at all or not, and to ascertain the type of right if there is a right. This chapter will draw a preliminary map of the constitutional protection of water-related rights in SADC states; emphasise strengths and weaknesses of the different approaches taken; and make suggestions for further research necessary for a better understanding and, arguably, more efficient protection of water-related rights in SADC states

A very long engagement: The Children's Act 38 of 2005 and the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption

This article analyses the intercountry adoptions provisions contained in Chapter 16 of the Children’s Act 38 of 2005, against the standards of the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoptions, 1993. After a brief overview of the two leading South African cases on intercountry adoption, which stress the importance of having this institution statutorily regulated, the author proceeds to analyse the most significant clauses pertaining to intercountry adoptions contained in the Act, in order to identify the strengths and weaknesses in this new statutory framework. The author concludes that the Children’s Act is a dramatic improvement on the current regime of intercountry adoptions and that it has the potential to make this institution work in the best interests of children.   &nbsp