Transcript Land Law Focus Group

Kirstin Gilmour
GLMKIR001
Research Topic
An exploratory inquiry into the right to mine
in South Africa within the context of the
international paradigm of sustainability
The Constitution of the Republic of South Africa 1996
S24: Everyone has the right(a) To an environment that is not harmful to their
health or wellbeing; &
(b) To have the environment protected, for the
benefit of present and future
generations,
through reasonable
legislative & other
measures that(i) prevent pollution & ecological
degradation;
(ii) promote conservation; &
(iii) secure ecologically sustainable development
& use of natural resources....
The New Minerals and Petroleum
Resources and Development Act 28
of 2002
Preamble:
‘....it is the State’s obligation to protect the
environment for the benefit of present and future
generations and to ensure ecologically sustainable
development of mineral and petroleum resources....’
Today’s Focus:
Determining what sustainability
means under international law
&
what has influenced its development
over time to become the
foundational norm it is today.
Developments by International
Organisations:
-The UN Commission on Sustainable Development,
1992.
Of Regional Significance:
- Southern African Development Commmunity 1992;
Developments in Formal Sources of
International law:
-Article 38 ICJ: particularly Conventions &
Customary Law.
- Revised African Convention on
Conservation of Nature & Natural Resources
Developments in Informal sources / ‘soft law’:
1) Stockholm Declaration 1972;
2) UN Conference on the Environment and
Development 1992;
- Rio Declaration &
- Action plan Agenda 21 adopted.
3) World Summit on Sustainable Development
2002.
- Johannesburg Declaration &
- Plan of Implementation adopted.
Development by decisions of the ICJ:
Cases often reflect rules of customary international law:
-Advisory Opinion on the Legality of the Treaty on
Nuclear Weapons.
- Case Concerning the Construction of the GabcikovoNagymaros Project (Hungary/Slovakia)1998 37 ILM 162
Internationally accepted definition of Sustainable
Development:
Brundtland Report:
“[D]evelopment that meets the needs of the present without
compromising the ability of future generations to meet their own
needs. Two key concepts:
1) Concept of ‘needs,’ especially of the world’s poor;
2) Idea of limitations imposed by State such as social organisation
on the environment’s ability to meet present & future needs.”
The End
Bibliography:
- Glazewski J Environmental Law in South Africa (2005) Lexis Nexis Durban.
- Glazewski J and Posnik S “Compliance with international environmental standards
and expectations: review of international developments” 2000 SAIMM 211.
- Constitution of the Republic of South Africa, 1996.
- New Minerals and Petroleum Resources and Development Act 28 of 2002.
- Decision of the Revised 1968 African Convention (Algiers Convention) on the
Conservation of Nature and Natural Resources, Doc. Ex/CL/50(III),
Assembly/AU/Dec.9(II).
-Report of the World Commission on Environment and Development 43.
-Treaty of the Southern African Development Community, Windhoek, 17 August 1992.
- Case Concerning the Construction of the Gabcikovo-Nagymaros Project
(Hungary/Slovakia)1998 37 ILM 162.
- Legality of the Treaty on Nuclear Weapons (Advisory Opinion) [1996] 35 ILM 809.