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1
Cordonier, Segger Marie-Claire. "Sustainable development in international trade law : integrating economic and social development and environmental protection in emerging trade regimes." Thesis, University of Oxford, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669870.
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Alfred, Emanoel R. "An analysis of the role of impact assessment legislation in facilitating sustainable development : a case study of Tanzania." Thesis, Stellenbosch : Stellenbosch University, 2015. http://hdl.handle.net/10019.1/96788.
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Miller, Janah. "Promoting sustainable development in South Africa : environmental regulation in support of renewable energy." University of the Western Cape, 2016. http://hdl.handle.net/11394/5662.
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Farchakh, Loubna. "The concept of intergenerational equity in international law /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80918.
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The theory of intergenerational equity is closely linked to the notion of sustainable development. It is indeed considered to be one of its aspect. Intergenerational equity can be divided in two facets: the intergenerational component links the present generation to future generations, while the intragenerational aspect imposes, within the same generation, a duty for industrialized countries to help developing countries. The legal status of intergenerational equity appears to be limited because of its qualification as a concept. Therefore, this concept of intergenerational equity belongs to the realm of soft law. Nevertheless, legal implications can be drawn out from this theory. Different means of implementation can be envisioned, some belonging to the domain of soft law, other employing more classical tools, such as institutional mechanisms.
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Bornoz, Nathalie. "The new federal environmental impact assessment process in Canada : a step towards sustainable development?" Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=69605.
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Sustainable development requires the integration of ecological and social concerns into economic activities. Recent trends in environmental impact assessment (EIA) suggest the eventual use of the EIA process to link socio-environmental attributes with economic decision-making thus allowing for the transition towards a sustainable future.This thesis is an examination of the proposed Federal Environmental Impact Assessment Act of Canada and the extent to which its provisions seek to ensure a move towards sustainable development.
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Carlsson, Lina. "Climate change and sustainable energy in Canada and the United States : positions, policy and progress." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80912.
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Canada and the United States are two of the most energy-intensive countries in the world and have an immense impact upon their surrounding environment. Both countries have committed to contributing to the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, in accordance with the United Nations climate change regime. Their climate change-related energy policies do not, as yet, show any sign of achieving that objective, especially in light of the fact that greenhouse gas emissions are on the rise. This thesis consequently argues that not enough is being done by Canada-US to fulfill their commitments under the climate change-regime and tests that hypothesis.
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Hamadziripi, Friedrich. "Does the directors' fiduciary duty to act in the best interests of the company undermine other stakeholders' interests? : a comparative assessment of corporate sustainability." Thesis, University of Fort Hare, 2016. http://hdl.handle.net/10353/5916.
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This study sets out to answer the question whether compliance with the directors’ fiduciary duty to act in the best interests of the company undermines other stakeholders’ interests and corporate sustainability. It adopts a comparative approach whereby the South African legal system is compared to that of the United Kingdom, Canada, and the United States of America where corporate scandals in the last two decades resulted in the collapse of some large companies. Qualitative research methods namely the critical and evaluation, comparative and legal historical approaches are employed. The adoption of the comparative and historical approach to this study makes it significant for company law literature. The study is hinged on two company law principles. The first one is that a company is a juristic and fictitious person. The second one is the separation of ownership and control of a company. To effectively understand how the directors’ fiduciary duty to act in the best interests of the company has evolved over time, a historical overview of fiduciary obligations is presented. Four different views about the origins of fiduciary obligations are examined. It is submitted that the old English case of Keech v Sandford1 and the South Sea Company Bubble are very significant to the development of fiduciary obligations and their assimilation into company law. Thereafter, a discussion on the nature and scope of the directors’ duty in question is presented. An analysis of the relationship between directors and the company and how rights and duties between the two legal subjects arise is also undertaken. It will be shown that the directors’ fiduciary duty to act in the best interests of the company is broken down into a number of mandatory rules. After outlining some selected company stakeholders, an argument is presented on who the legitimate beneficiaries of directors’ fiduciary obligations should be. Further, the study provides an explanation of the concept of ‘the best interests of a company’ before addressing the tension between the pursuit of sustainability and the best interests of the company. An important question in the context of this study is how can directors’ fiduciary obligations be enforced? Identifying that there is public and private enforcement of fiduciary obligations, this study focusses on private enforcement which mainly consists of judicial and administrative remedies. Judicial remedies especially the derivative action and oppression remedies will be examined. A greater part of the discussion will dwell heavily on whether the available remedies are relevant and/or effective in protecting various stakeholders’ interests. Due to the nature of the office of director, it can be contended that directors should not be held liable for every decision they make. As such, American courts have come up with what has come to be known as the business judgment rule. This rule protects directors from civil liability if they act in good faith, with due care, without any personal interest and within the director’s authority. It will be shown that the rule manifests or operates either as an abstention doctrine, as a standard of liability or as an immunity doctrine. As an abstention or standard of liability doctrine, the rule requires the plaintiff to rebut a presumption that directors acted in good faith in the best interests of the company. As an immunity doctrine, the rule requires the director to prove that s/he qualifies for the immunity.
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Ngesi, Hlekani Ntombizakithi. "The use of environmental impact assessments (EIAs) in promoting sustainable development." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1614.
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The overall aim of the case study was to investigate the effectiveness of EIAs in NMB and to determine whether EIA legislation and implementation can lead to the promotion of sustainable development practices. The research made use of the qualitative research methodology and followed the inductive approach by critically evaluating the EIA process in the NMBM using the case study approach. This was supported by a survey which was administered to willing participants chosen at random whose extensive experience is relevant to this research topic. Interviews involved direct personal contact with participants who were asked to respond to questions relating to the research study. The research sample consisted of eight participants. The local authority was represented by two participants, the Environmental Assessment Practitioners were represented by five participants and the Non-Governmental Organization was represented by 1 participant. The first objective of the study was to evaluate the role of government during the EIA process. The results showed that EAPs in NMB municipality are relatively satisfied with how the municipality is handling the EIA process with regards to commenting on both internal and external applications. There was however a view that most municipalities lack sufficient capacity to be able to comment on EIA applications as required by legislation and that human resource issues were one of the contributing factors where skills are concerned. The second objective of the study was to examine and evaluate the role of civil society and NGOs during the EIA process. The results showed that NGOs are quite vocal and very much involved in driving the sustainable development agenda and that in South Africa NGOs are usually the ones that are responsible for getting the message across in the form of environmental education and awareness through the translation of environmental knowledge into practical on the ground conservation. 4 The third objective of the study was to analyze the responsibilities of Environmental Assessment Practitioners (EAPs) in the EIA process. The EAPs had a very good knowledge of the EIA process and what was required of them in terms of the process. The fourth objective was to evaluate compliance to the Environmental Management Plan (EMP) by the applicant once Environmental Authorisation (EA) has been granted by the responsible authority. The results showed that all the participants were in agreement in terms of the need for EMPs but their lack of enforcement was highlighted as a very serious problem which is in need of urgent attention sooner rather than later. It was also highlighted that EMPs were generally not adhered to due to their lack of legal status and that many developers viewed EMPs as guideline documents rather than something that has legally enforceable provisions. The study concluded that EIAs are not effective in meeting the requirements of NEMA and promoting sustainable development agenda. The IEM planning process which has largely been focused on EIAs as a tool to support decision-making by specialists and hence promote sustainable development has its weaknesses and has not been successful in driving the sustainable development agenda in Nelson Mandela Bay
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Dlamini, Cliff Sibusiso. "Towards the improvement of policy and strategy development for the sustainable management of non-timber forest products: Swaziland: A case study." Thesis, Stellenbosch : University of Stellenbosch, 2007. http://hdl.handle.net/10019.1/1174.
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Velani, Chuma. "Funding and governance of cooperatives: a case study of Magwa and Majola tea estates in the Eastern Cape Province." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/14411.
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The purpose of this research study is to assess the funding and governance models utilised in the operations of cooperatives, with specific reference to Magwa and Majola Tea Estates in the Eastern Cape. Luyt (2008) observes that poverty levels in South Africa remain high, and have not been greatly reduced since 1994. There is general agreement amongst Eastern Cape communities that more than two decades after apartheid has ended, nearly half of South Africa’s population continue to live in poverty. A common understanding, is that cooperatives are geared and established to address poverty, address both social and economic development, even though they also emphasise a social focus, they are expected to be operated on sound business principles.
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Lima, Ana Maria de [UNESP]. "Saúde e segurança do trabalhador do barro em arranjos produtivos locais: o caso do artesanato de barro nos bairros Olarias e Poti Velho na cidade de Teresina - Piauí." Universidade Estadual Paulista (UNESP), 2011. http://hdl.handle.net/11449/104291.
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A dimensão territorial, a geração, a distribuição e uso de conhecimento passaram a ter um papel relevante na competitividade das empresas e no desenvolvimento regional/local, tendo-se presente que as vantagens competitivas associadas aos Arranjos Produtivos Locais, nos países menos desenvolvidos, despertaram maior interesse a partir da década de 1990. Nessa perspectiva, que abrange a multiplicidade de agentes e sua interação, com destaque ao ambiente local, estão inseridas as questões econômicas, socioculturais e ambientais que constituem aspectos fundamentais nas análises sobre a temática dos Arranjos Produtivos Locais. Não obstante isso, não pode ser desprezada ou negligenciada a questão da saúde e da segurança do trabalhador, principalmente se a atividade produtiva a ser estudada usa intensamente os recursos humanos, uma vez que a melhoria das condições de salubridade e Segurança do Trabalhador deve ser preservada com uma legislação pertinente. Assim, esta pesquisa objetiva analisar a saúde e segurança dos trabalhadores do barro do Arranjo Produtivo Local nos bairros Olarias e Poty Velho. Para isso, verifica as dinâmicas produtivas e inovativas, as especificidades desses Arranjos, os processos de interação/cooperação e os mecanismos de aprendizagem interativa e as relações trabalhistas. A pesquisa realizada configurou-se do tipo Survey, de cunho exploratório e descritivo. O instrumento utilizado para o levantamento das informações foi 02 (dois) questionários direcionados para os empresários e trabalhadores. Todas as entrevistas foram realizadas diretamente com empresários de artesanato de barro e trabalhadores do barro. No presente estudo, verificou-se que a competitividade e a sustentabilidade do artesanato de barro, atividade que contempla os setores primário...
The territorial dimension, the distribution and the use of knowledge has had an important role in the enterprise competitiveness and in the regional/local development, taking into account that the competitive advantages associated to the Local Productive Arrangements, in the less developed countries, has caused interest from the 1990s. Concerning this, this accounts for the multiplicity of the agents and their interaction, mainly the local environment, economic, socio cultural and environmental aspects are included, once they are essential for the analysis of the Local Productive Arrangement theme. However, it can not be neglected aspects concerning the worker safety and health, mainly if the productive activity to be studied makes use of human resources, because the improvement on the worker’s salubrity and safety conditions must be preserved with proper legislation. So, this research aims at analyzing the worker safety and health of the Local Productive Arrangement with clay in Olarias and Poty Velho districts. So, it verifies the productive and innovative dynamic, such arrangement specificities, the interaction/cooperation processes and the interactive learning mechanisms and labor relations. It is a survey with an exploratory descriptive approach. 02 (two) questionnaires with the entrepreneurs and workers were made to collect information. All interviews were made with the clay handicraft entrepreneurs and clay workers themselves. It was verified that competitiveness and sustainability of the clay handicraft, activity which contemplates the primary, secondary and tertiary sectors, depend on the clay worker and the environment preservation. It can be said the articulation of the strategies and actions of the Local Productive Arrangement with the public politics, the sectors of methodologies management and... (Complete abstract click electronic access below)
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Lima, Ana Maria de. "Saúde e segurança do trabalhador do barro em arranjos produtivos locais : o caso do artesanato de barro nos bairros Olarias e Poti Velho na cidade de Teresina - Piauí /." Rio Claro : [s.n.], 2011. http://hdl.handle.net/11449/104291.
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Orientador: Auro Aparecido MendesBanca: Enéas Rente Ferreira
Banca: Fadel David Antonio Tuma Filho
Banca: Lélio Galdino Rosa
Banca: Paulo Borges da Cunha
Resumo: A dimensão territorial, a geração, a distribuição e uso de conhecimento passaram a ter um papel relevante na competitividade das empresas e no desenvolvimento regional/local, tendo-se presente que as vantagens competitivas associadas aos Arranjos Produtivos Locais, nos países menos desenvolvidos, despertaram maior interesse a partir da década de 1990. Nessa perspectiva, que abrange a multiplicidade de agentes e sua interação, com destaque ao ambiente local, estão inseridas as questões econômicas, socioculturais e ambientais que constituem aspectos fundamentais nas análises sobre a temática dos Arranjos Produtivos Locais. Não obstante isso, não pode ser desprezada ou negligenciada a questão da saúde e da segurança do trabalhador, principalmente se a atividade produtiva a ser estudada usa intensamente os recursos humanos, uma vez que a melhoria das condições de salubridade e Segurança do Trabalhador deve ser preservada com uma legislação pertinente. Assim, esta pesquisa objetiva analisar a saúde e segurança dos trabalhadores do barro do Arranjo Produtivo Local nos bairros Olarias e Poty Velho. Para isso, verifica as dinâmicas produtivas e inovativas, as especificidades desses Arranjos, os processos de interação/cooperação e os mecanismos de aprendizagem interativa e as relações trabalhistas. A pesquisa realizada configurou-se do tipo Survey, de cunho exploratório e descritivo. O instrumento utilizado para o levantamento das informações foi 02 (dois) questionários direcionados para os empresários e trabalhadores. Todas as entrevistas foram realizadas diretamente com empresários de artesanato de barro e trabalhadores do barro. No presente estudo, verificou-se que a competitividade e a sustentabilidade do artesanato de barro, atividade que contempla os setores primário... (Resumo completo, clicar acesso eletrônico abaixo)
Abstract: The territorial dimension, the distribution and the use of knowledge has had an important role in the enterprise competitiveness and in the regional/local development, taking into account that the competitive advantages associated to the Local Productive Arrangements, in the less developed countries, has caused interest from the 1990s. Concerning this, this accounts for the multiplicity of the agents and their interaction, mainly the local environment, economic, socio cultural and environmental aspects are included, once they are essential for the analysis of the Local Productive Arrangement theme. However, it can not be neglected aspects concerning the worker safety and health, mainly if the productive activity to be studied makes use of human resources, because the improvement on the worker's salubrity and safety conditions must be preserved with proper legislation. So, this research aims at analyzing the worker safety and health of the Local Productive Arrangement with clay in Olarias and Poty Velho districts. So, it verifies the productive and innovative dynamic, such arrangement specificities, the interaction/cooperation processes and the interactive learning mechanisms and labor relations. It is a survey with an exploratory descriptive approach. 02 (two) questionnaires with the entrepreneurs and workers were made to collect information. All interviews were made with the clay handicraft entrepreneurs and clay workers themselves. It was verified that competitiveness and sustainability of the clay handicraft, activity which contemplates the primary, secondary and tertiary sectors, depend on the clay worker and the environment preservation. It can be said the articulation of the strategies and actions of the Local Productive Arrangement with the public politics, the sectors of methodologies management and... (Complete abstract click electronic access below)
Doutor
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Terblanche, M. "Die skep van aanvaarbare behuising binne die konteks van volhoubare ontwikkeling." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/52789.
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Thesis (MS en S) -- Stellenbosch University, 2002.ENGLISH ABSTRACT: South Africa has a housing backlog of approximately 900 000 houses. The government and non-government organizations tries to provide housing for the disadvantage people of our land through sustainable development in an attempt control the housing crises. This study makes the point that sustainable development not nessereraly means the same as acceptable development. In order to provide acceptable housing with in the contexts of sustainable development, it is necessary to give more in depth and equal consideration to the social, economical and environmental aspects of sustainable development. This study focus on what is meant by the above mentioned aspects of sustainable development and what the direct and indirect impacts will be if it is not taken into consideration during the planning and construction faze of low-cost housing. Even though this study doesn’t provide the solutions to providing acceptable housing, it does make a few suggestions on how to obtain acceptable housing, not only for the people directly involved but also for the greater community of South Africa. One of the suggestions that, according to this study, should strongly be considered is the use of alternative building methods such as straw and clay, not only for the obvious environmental benefits but also for the economical and social benefits.
AFRIKAANSE OPSOMMING: Suid-Afrika sit tans met ’n behuisings-agterstand van ongeveer 900 000 huise. Die regering en nie-regerings organinsasies poog om deur die proses van volhoubare ontwikkeling, lae-koste behuising vir die behoeftige mense van die land te voorsien om sodoende die behuisingskrisis aan te spreek. Hierdie werkstuk maak die standpunt dat volhoubare ontwikkeling nie noodwendig sinoniem is met aanvaarbare behuising nie. Om aanvaarbare behuising te voorsien moet die huise binne die raamwerk van volhoubare ontwikkeling gebou word, maar daar moet meer in diepte gekyk word na, en gelyke hoeveelheid aandag aan alle sosiale-, ekonomiese- en omgewingsfaktore gegee word. Die werkstuk kyk in diepte na wat bedoel word met bogenoemde drie aspekte van volhoubare ontwikkeling en wat die direkte en indirekte gevolge is as dit nie in ag geneem word tydens die beplannings- en konstruksiefases van lae-koste behuising nie. Alhoewel die werkstuk nie defnitiewe oplossings bied vir die voorsiening van aanvaarbare behuising nie, word ‘n paar voorstelle gemaak van hoe behuisingsprojekte meer aanvaarbaar gemaak kan word, nie net vir die begunstigdes en owerhede nie, maar ook vir die res van die samelewing. Een van die voorstelle wat volgens die werkstuk baie sterk oorweeg behoort te word, is dat alternatiewe boumetodes (soos strooibale en klei) gebruik moet word, nie net vir die van selfsprekende ekologiese voordele wat dit inhou nie, maar ook vir ekonomiese en sosiale voordele.
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McGrath, Christopher James. "How to evaluate the effectiveness of an environmental legal system." Thesis, Queensland University of Technology, 2007. https://eprints.qut.edu.au/16661/1/Christopher_James_Mcgrath_Thesis.pdf.
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The principal research question addressed in this thesis is how the effectiveness of an environmental legal system can best be evaluated. A legal system is effective if it is achieving or likely to achieve its objectives. For an environmental legal system this means achieving sustainable development. The hypothesis tested in relation to this research question is that the pressure-state-response ("PSR") method of State of the Environment ("SoE") Reporting provides the best available framework for evaluating the effectiveness of an environmental legal system. A subsidiary research question addressed in this thesis is whether the environmental legal system protecting the Great Barrier Reef ("GBR") in north-eastern Australia is likely to achieve sustainable development of it. The hypothesis tested in relation to this research question is that the environmental legal system protecting the GBR is likely to achieve sustainable development of the GBR. The principal method used to address these research questions and test the hypotheses is a case study of the effectiveness of the laws protecting the GBR. Particular emphasis is given in the case study to climate change both because it is now recognised as the major threat to the GBR and is a topic of significant international and national interest. This thesis is intended to contribute, in particular, to the current public and policy debate on responding effectively to climate change by using the GBR as a yardstick against which to measure "dangerous climate change" and, conversely, acceptable climate change. There are five major findings of the research. First, most of the legal writing regarding environmental legal systems is descriptive, explanatory and interpretative rather than evaluative. Second, most legal writers who attempt to evaluate the effectiveness of part or the whole of an environmental legal system implicitly use the PSR method and refer to pressures, conditions, and responses but do not acknowledge this conceptual framework. Third, the best available conceptual and analytical framework for evaluating the effectiveness of an environmental legal system is the PSR method. It is the simplest, most systematic, comprehensive and meaningful framework with the greatest predictive power for evaluating the effectiveness of the total social and legal response to human-induced environmental degradation currently available. Fourth, current practice in SoE reporting, at least in relation to the GBR, is largely descriptive and rarely evaluates the effectiveness of the response. The fifth major finding of this research is that, while there are many effective parts of the response to pressures on the GBR, the current environmental legal system is not likely to be effective in preventing climate change from causing very serious damage to the GBR. Based on what we know at this point in time, particularly the technology that is currently available and current greenhouse gas emissions, the impacts of climate change appear likely to swamp the many good aspects of the legal system protecting the GBR. Atmospheric concentrations of carbon dioxide in 2005 were approximately 379 parts per million ("ppm") and rising by 2 ppm per year. Including the effect of other greenhouse gases such as methane, the total concentration of atmospheric greenhouse gases was around 455 ppm carbon dioxide equivalents ("CO2-eq") in 2005, although the cooling effect of aerosols and landuse changes reduced the net effect to around 375 ppm CO2-eq. Limiting the total increase in mean global temperature to approximately 1°C requires stabilization of atmospheric greenhouse gases and aerosols around 350 ppm CO2-eq. Increasing the net effect of greenhouse gases and aerosols to 450-550 ppm CO2-eq is expected to result in a 2-3°C rise in mean surface temperatures. There are currently no international or national legal constraints to hold greenhouse gas concentrations beneath these levels and they appear likely to be exceeded. These increases in mean global temperatures are expected to severely degrade the GBR by 2030-2040. Even the targets being set by the new Australian Government of reducing Australia's greenhouse gas emissions by 60% by 2050 appear insufficient to protect the GBR. If a 60% reduction in emissions can be achieved globally by 2050 a rise in mean global temperature of around 2.4°C is expected. This indicates the environmental legal system protecting the GBR is not likely to be effective in relation to climate change and, therefore, is failing to reach its objective of sustainable development. Three major recommendations arise from the research. First, legal writers attempting to evaluate the effectiveness of the whole or part of an environmental legal system should use and acknowledge the PSR method. Second, SoE reports should include a stand-alone chapter evaluating the effectiveness of the response. Third, the environmental legal system protecting the GBR should take strong and comprehensive measures to reduce greenhouse gas emissions if the objective of sustainable development is to be achieved. Such measures should include setting policy targets for stabilizing atmospheric greenhouse gas and aerosol concentrations around 350 ppm CO2-eq to limit increases in mean global temperature to 1°C. Policy targets of stabilizing atmospheric greenhouse gases and aerosols at 450-550 ppm CO2-eq to limit increases in mean global temperatures to 2-3°C are likely to be too high to avoid severe impacts of coral bleaching to the GBR.
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McGrath, Christopher James. "How to evaluate the effectiveness of an environmental legal system." Queensland University of Technology, 2007. http://eprints.qut.edu.au/16661/.
Full textAbstract:
The principal research question addressed in this thesis is how the effectiveness of an environmental legal system can best be evaluated. A legal system is effective if it is achieving or likely to achieve its objectives. For an environmental legal system this means achieving sustainable development. The hypothesis tested in relation to this research question is that the pressure-state-response ("PSR") method of State of the Environment ("SoE") Reporting provides the best available framework for evaluating the effectiveness of an environmental legal system. A subsidiary research question addressed in this thesis is whether the environmental legal system protecting the Great Barrier Reef ("GBR") in north-eastern Australia is likely to achieve sustainable development of it. The hypothesis tested in relation to this research question is that the environmental legal system protecting the GBR is likely to achieve sustainable development of the GBR. The principal method used to address these research questions and test the hypotheses is a case study of the effectiveness of the laws protecting the GBR. Particular emphasis is given in the case study to climate change both because it is now recognised as the major threat to the GBR and is a topic of significant international and national interest. This thesis is intended to contribute, in particular, to the current public and policy debate on responding effectively to climate change by using the GBR as a yardstick against which to measure "dangerous climate change" and, conversely, acceptable climate change. There are five major findings of the research. First, most of the legal writing regarding environmental legal systems is descriptive, explanatory and interpretative rather than evaluative. Second, most legal writers who attempt to evaluate the effectiveness of part or the whole of an environmental legal system implicitly use the PSR method and refer to pressures, conditions, and responses but do not acknowledge this conceptual framework. Third, the best available conceptual and analytical framework for evaluating the effectiveness of an environmental legal system is the PSR method. It is the simplest, most systematic, comprehensive and meaningful framework with the greatest predictive power for evaluating the effectiveness of the total social and legal response to human-induced environmental degradation currently available. Fourth, current practice in SoE reporting, at least in relation to the GBR, is largely descriptive and rarely evaluates the effectiveness of the response. The fifth major finding of this research is that, while there are many effective parts of the response to pressures on the GBR, the current environmental legal system is not likely to be effective in preventing climate change from causing very serious damage to the GBR. Based on what we know at this point in time, particularly the technology that is currently available and current greenhouse gas emissions, the impacts of climate change appear likely to swamp the many good aspects of the legal system protecting the GBR. Atmospheric concentrations of carbon dioxide in 2005 were approximately 379 parts per million ("ppm") and rising by 2 ppm per year. Including the effect of other greenhouse gases such as methane, the total concentration of atmospheric greenhouse gases was around 455 ppm carbon dioxide equivalents ("CO2-eq") in 2005, although the cooling effect of aerosols and landuse changes reduced the net effect to around 375 ppm CO2-eq. Limiting the total increase in mean global temperature to approximately 1°C requires stabilization of atmospheric greenhouse gases and aerosols around 350 ppm CO2-eq. Increasing the net effect of greenhouse gases and aerosols to 450-550 ppm CO2-eq is expected to result in a 2-3°C rise in mean surface temperatures. There are currently no international or national legal constraints to hold greenhouse gas concentrations beneath these levels and they appear likely to be exceeded. These increases in mean global temperatures are expected to severely degrade the GBR by 2030-2040. Even the targets being set by the new Australian Government of reducing Australia's greenhouse gas emissions by 60% by 2050 appear insufficient to protect the GBR. If a 60% reduction in emissions can be achieved globally by 2050 a rise in mean global temperature of around 2.4°C is expected. This indicates the environmental legal system protecting the GBR is not likely to be effective in relation to climate change and, therefore, is failing to reach its objective of sustainable development. Three major recommendations arise from the research. First, legal writers attempting to evaluate the effectiveness of the whole or part of an environmental legal system should use and acknowledge the PSR method. Second, SoE reports should include a stand-alone chapter evaluating the effectiveness of the response. Third, the environmental legal system protecting the GBR should take strong and comprehensive measures to reduce greenhouse gas emissions if the objective of sustainable development is to be achieved. Such measures should include setting policy targets for stabilizing atmospheric greenhouse gas and aerosol concentrations around 350 ppm CO2-eq to limit increases in mean global temperature to 1°C. Policy targets of stabilizing atmospheric greenhouse gases and aerosols at 450-550 ppm CO2-eq to limit increases in mean global temperatures to 2-3°C are likely to be too high to avoid severe impacts of coral bleaching to the GBR.
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Galli, Alessandra. "Compras públicas sustentáveis na UTFPR: estudo de caso do campus Curitiba – sede reitoria." Universidade Tecnológica Federal do Paraná, 2014. http://repositorio.utfpr.edu.br/jspui/handle/1/806.
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CAPESA presente pesquisa tem como tema central a análise das compras públicas realizadas na Universidade Tecnológica Federal do Paraná (UTFPR) sob o prisma da Sociedade Sustentável, da Educação Tecnológica e da Ciência do Direito. O objetivo principal foi verificar se as compras da UTFPR podem ser consideradas Compras Públicas Sustentáveis, a partir das contribuições dos aspectos teóricos de direcionamento da pesquisa nomeados de Unidades de Análise. O método empregado foi o Estudo de Caso, que se baseia em pesquisa exploratória e descritiva do tipo mista (quantitativa e qualitativa). Da análise dos 507 arquivos de pregões eletrônicos realizados pela UTFPR no período escolhido, constatou-se que, dos 14.758 itens comprados, poucos traziam previsões específicas sobre a sustentabilidade. Em função destes resultados, foram propostas linhas de referência traçadas especificamente para o caso das Compras Públicas da UTFPR. A intenção foi colaborar para que esta Instituição Tecnológica de Ensino Superior possa demonstrar um comprometimento com as normas e princípios vigentes no Direito Ambiental e com a Sociedade Sustentável, o que lhe permitirá tornar-se uma referência para outras Instituições que realizem compras públicas.
This research focuses on the analysis of public procurements made by the Federal Technology University of Paraná (Universidade Tecnológica Federal do Paraná - UTFPR) from the perspective of the Sustainable Society, the Technological Education and the Science of Law. The main objective was to verify by applying these guiding theoretical aspects – named herein as Analysis Units – whether UTFPR purchases can be considered as Sustainable Public Procurements. The methodology employed for it has been a case study based on a mixed type (quantitative and qualitative) exploratory and descriptive research. Based on the analysis of 507 records of electronic auctions conducted by UTFPR in the chosen period, it was found that, out of the 14,758 items purchased, very few of them contained specific references to sustainability. According to these results, reference guidelines were specifically drawn for the case of the UTFPR Public Procurements. The purpose has been to contribute to this higher education technological institution o that it can demonstrate a clear commitment with the current rules and principles of Environmental Law and the Sustainable Society, becoming a model for other institutions performing public procurement.
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Lourens, J. C. (Jan Christoffel). "n Geintegreerde beleidsraamwerk vir doeltreffende kusbestuur en volhoubare kusontwikkeling in die Kaap Agulhas distrik." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/52955.
Full textAbstract:
Study project (MS en S)--Stellenbosch University, 2002.ENGLISH ABSTRACT: The purpose of this study is to determine a framework for integrated and sustainable development in the Cape Agulhas area. The researcher focussed on the policy context and the opportunities and constraints for development in the study area. The relevant policy documents concerning development activities in the study area, were analysed. These policies contain key concepts for development. This includes concepts such as sustainable development, equity, public participation, Co-operative Governance and integrated coastal management. Development must aim to realise these concepts and the policies prescribe processes and procedures accordingly. Firstly, coastal management and control is necessary because coastal areas are multidimensional and vulnerable to development activities. Secondly, the inequalities in society as a result of Apartheid must be demolished. Legislation must prescribe active measures to promote equality. Lastly, coastal management and control is necessary to promote cooperation between the different participants for development and to enforce it, if necessary. The main participants for the study areas are Co-operative Governance, the private sector and the local community. The Overberg Distriiet Municipality and the Cape Agulhas Municipality are of utmost importance. Municipalities have been identified as the facilitators for development at local level. They must bring together the different participants for development to co-operative and integrate development actions. Legislation prescribes Integrated Development Planning (IDP) to promote co-operation and integration between participants. It is a strategic planning process and integration is the essence of the process. The IDP process for Cape Agulhas Municipality contains a number of mechanisms for public participation. Opportunities and constrains for development in study area also determine which development activities will be possible or not possible. The unique vegetation presents opportunities for tourism but constrains development because it must be conserved as well. The wildflower industry also offers economic opportunities. Marine resources present opportunities for example fishing and abalone farming. Tourism however is the industry with the greatest development potential for the study area. It can serve as catalyst for the development of the region as a whole. The socio-economic reality of communities in the area and the insufficient physical infrastructure are the main constraining factors for development. The case study focuses on the development priorities for Struisbay/L' Agulhas according to the IDP and the Agulhas CoastCare Project. It is an example of the projects in the study area with the aim to realise the development priorities mentioned above.
AFRIKAANSE OPSOMMING: Die doel van die studie is om 'n raamwerk vas te stel vir geïntegreerde en volhoubare ontwikkeling in die Kaap Agulhas gebied. Die navorser het gefokus op die beleidskonteks en die geleenthede en beperkinge vir ontwikkeling in die studiegebied. Die relevante beleidsdokumente rakende ontwikkelingsaktiwiteite in die studiegebied, is ontleed. Hierdie beleide bevat sleutelkonsepte vir ontwikkeling. Dit sluit konsepte in soos volhoubare ontwikkeling, gelykheid, publieke deelname, Regering van Samewerking en geïntegreerde kusbestuur. Hierdie konsepte moet nagestreef word en die beleide skryf prosesse en prosedures voor in die verband. Kusbestuur en kontrole is eerstens nodig omdat kusgebiede multi-dimensioneel is en kwesbaar is vir ontwikkelingsaktiwiteite. Tweedens salongelykhede in die samelewing as gevolg van Apartheid nie vanself uitgewis word nie. Wetgewing moet aktiewe stappe voorskryf om gelykheid te bevorder. Laastens is kusbestuur en kontrole nodig om samewerking tussen die verskillende rolspelers in ontwikkeling aan te moedig en af te dwing indien nodig. Die hoof rolspelers vir die studiegebied is die Regering van Samewerking, privaatsektor en die plaaslike gemeenskap. Die Overberg Distriksmunisipaliteit en die Kaap Agulhas Munisipaliteit is veral belangrik. Munisipaliteite is geïdentifiseer as fasiliteerders vir ontwikkeling op plaaslike vlak. Hulle moet die verskillende rolspelers vir ontwikkeling bymekaar bring om samewerking en integrasie van ontwikkelingsaksies te bevorder. Geïntegreerde Ontwikkelingsbeplanning (GOP) word deur wetgewing voorgeskryf om samewerking en integrasie tussen rolspelers te bevorder. Dit is 'n strategiese beplanningsproses met integrasie wat die kern van die proses vorm. In die GOP proses vir Kaap Agulhas Munisipaliteit is 'n aantal meganismes vir publieke deelname vasgestel. Geleenthede en beperkinge vir ontwikkeling in die studiegebied bepaalook in 'n groot mate watter ontwikkelingsaktiwiteite moontlik sal wees en watter nie. Die unieke plantegroei hou geleenthede in vir toerisme, maar beperk ook ontwikkeling deurdat ditbewaar moet word. Die Veldblomindustrie bied ekonomiese geleenthede. Mariene hulpbronne bied ook geleenthede byvoorbeeld visindustrie en perlemoenboerdery. Toerisme is egter die industrie wat die grootste ontwikkelingspotensiaal inhou vir die studiegebied. Dit kan dien as katalisator vir die ontwikkeling van die gebied as geheel. Die sosio-ekonomiese realiteite van gemeenskappe in die gebied en die gebrekkige fisiese infrastruktuur is die hoofbeperkende faktore vir ontwikkeling. Die gevallestudie fokus op StruisbaaiIL'Agulhas se ontwikkelingsprioriteite uit die GOP, asook die Agulhas CoastCare Projek. Dit is 'n voorbeeld van die projekte in die studiegebied met die doelom die bogenoemde ontwikkelingsprioriteite te realiseer.
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Hegenberg, Juliana Trianoski. "As compras públicas sustentáveis no Brasil: um estudo nas universidades federais." Universidade Tecnológica Federal do Paraná, 2013. http://repositorio.utfpr.edu.br/jspui/handle/1/571.
Full textAbstract:
O objetivo geral deste estudo é analisar a implementação das compras públicas sustentáveis nas universidades federais brasileiras. A pesquisa é aplicada quanto a sua finalidade e exploratória e descritiva quanto aos seus objetivos gerais. A abordagem utilizada é tanto qualitativa quanto quantitativa e a pesquisa contempla a utilização de métodos múltiplos de investigação. A etapa qualitativa exploratória foi operacionalizada por meio de entrevistas semiestruturadas realizadas com gestores da área de compras de duas universidades federais. As informações coletadas foram tratadas mediante a aplicação de técnicas de análise de conteúdo. A etapa quantitativa consistiu na aplicação de levantamento tipo survey, com emprego de questionário estruturado, em toda a população que compreende 59 universidades federais do Brasil. Os dados coletados em 37 questionários válidos receberam tratamento estatístico, envolvendo estatística descritiva e cálculo de correlação. Os principais achados indicam que: a implementação das compras sustentáveis nas universidades federais se encontra num estágio inicial e embrionário e que não existe uma política de compra sustentável claramente definida no âmbito da maioria das instituições. As ações são pontuais e não ocorrem de forma estratégica e planejada, e constituem tentativas de adequação às demandas normativas, motivadas pelas alterações legais, especialmente o estabelecimento da Instrução Normativa nº 01/2010-MPOG/SLTI, considerada o principal mecanismo que incitou a adoção da prática na esfera federal, bem como pelas deliberações e exigências dos órgãos de controle. Os critérios de sustentabilidade mais utilizados são, prioritariamente, aqueles determinados e ordenados na legislação e a utilização de critérios é predominante nas contratações envolvendo obras e serviços e engenharia, devido a maior exigência e respaldo legal. A oferta atual de produtos e serviços sustentáveis, os custos envolvidos, a pouca informação e conhecimento, a cultura organizacional e a falta de capacitação e treinamento dos envolvidos estão entre as principais barreiras identificadas. Há poucos resultados e impactos decorrentes da implementação das compras sustentáveis percebidos pelos gestores no âmbito das universidades e não é realizado o acompanhamento sistemático dos resultados.The goal of this study is to analyze the implementation of Sustainable Public Procurement in the Brazilian federal universities. The research is applied as its purpose and exploratory and descriptive as to their overall goals. The approach is both qualitative and quantitative research and contemplates the use of multiple methods of investigation. The exploratory qualitative phase was operationalized through semi-structured interviews conducted with managers of the purchases area of two federal universities. The data were treated by applying techniques of content analysis. The quantitative phase consisted in an survey, with the application of a structured questionnaire across the population which comprises 59 federal universities in Brazil. Data collected on 37 valid questionnaires received statistical treatment involving descriptive statistics and correlation calculation. Key findings indicate that: the implementation of sustainable procurement in the federal universities is at an early stage and embryo and that there is not a policy of purchase sustainable clearly defined under most institutions. Actions are specific and do not occur in a strategic and planned level, and are attempts to adapt to the demands normative, motivated by legal changes, especially the establishment of Instruction 01/2010-MPOG/SLTI, considered the main mechanism that prompted the adoption of practice at the federal level and by the decisions and demands of controlling bodies. The most widely used sustainability criteria are primarily those determined and ordered in legislation and the use of criteria is prevalent in contracts involving works and services and engineering, due to higher demand and legal support. The current supply of sustainable products and services, the costs involved, the little information and knowledge, organizational culture and lack of capacity building and training of those involved are among the main barriers identified. A few results and impacts of the implementation of sustainable procurement perceived within universities and is not conducted systematic monitoring of results.
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BAUMGARTL, Bernd. "The green dream in the East: impediments to sustainable environmental policy in the Eastern European transition: the case of Bulgaria." Doctoral thesis, 1995. http://hdl.handle.net/1814/5199.
Full textAbstract:
Defence date: 27 October 1995Examining board: Prof. Susan Strange, University of Warwick (Supervisor) ; Prof. Volkmar Lauber, Universität Salzburg (Co-supervisor) ; Prof. Adrienne Héritier, European University Institute ; Prof. Winfried Lang, Mission Permanente d'Autriche, Genève ; Prof. Daniel Verdier, European University Institute
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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Bhoomiboonchoo, Chatubhoom. "The recognition of Muang Fai water resource management customary law for the sustainable development of Thailand." Thesis, 2018. http://hdl.handle.net/1959.7/uws:52107.
Full textAbstract:
Muang Fai water management customary law is the traditional community-based water management for agriculture in the northern part of Thailand. It has been used for over 700 years in the northern part of Thailand, southern part of China, Myanmar, PDR Lao and Vietnam. Nowadays, Muang Fai customary law is applied by at least 300,000 people in the norther part of Thailand, but it is not recognized by Thai law. This research investigates the present problems from the disconnect between Muang Fai water management customary law and national water management law in Thailand and makes recommendations on appropriate recognition of Muang Fai customary law to manage water sustainably. Because Muang Fai customary law has not been recognized in Thailand’s national laws, this research investigates the failure of previous laws to recognize customary law as well. The crucial research questions addressed by this research are: 1) How does Muang Fai customary law operate as a system of water resource management in present day Thailand? 2) To what extent is Muang Fai customary law related to water resource management consistent with sustainable development principles? 3) What approaches have been taken in other countries to legally recognize customary law in natural resource management applicable to water resources? 4) Does the Thai legal system recognize Muang Fai customary law in water resource management? 5) What role does customary law play in the Thai legal system for natural resource management applicable to water? 6) What law reform approaches would improve the recognition of Muang Fai customary law for the sustainable development of water resources in Thailand. The rules, processes and institutions of Muang Fai customary law are examined to understand whether Muang Fai customary law continues to operate as a form of water resource management. The common pool resource theory pioneered by Elinor Ostrom, based on lessons learned from other examples of communal irrigation systems are applied to consider whether Mung Fai customary law can potentially provide for their sustainable development of their water resources. Then, the principles of sustainable development applicable to water resources are reviewed to provide the contemporary context of meaning, approaches and legal obligations of states to achieve sustainable integrated water resource management. The rules, processes and institutions of Muang Fai customary law are compared with the principles of sustainable development and particularly sustainable integrated water resource management. Furthermore, this research reviews the legal theories relevant to customary law recognition in national legal systems (legal pluralism, human rights principles). The main focus is on the lessons learned from other developing countries in customary law recognition for the governance of natural resources, especially Samoa and Vanuatu which are successful in recognition of customary law and customary institutions to manage fisheries sustainably. The applicability of these frameworks to the recognition of Muang Fai customary law and Muang Fai institutions for managing water sustainably in Thailand is considered. Then, the present water policies, water law and the previous recognition of Muang Fai customary law are critically reviewed to identify the opportunities, challenges and problems related to the recognition and integration of Muang Fai customary law and Muang Fai institutions in the water management processes of Thailand. Therefore, this research can provide the recommendations for future law reform taking into account Muang Fai customary law and Muang Fai institutions. This research will contribute to future research on similar topics which aim to create legal frameworks for customary law governance of natural resources that involve the recognition of locally specific laws and institutions through forms of legal pluralism and consistent with international human rights approaches and norms.
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Gachenga, Elizabeth W. "Integrating customary and statutory law systems of water governance for sustainable development : the case of the Marakwet of Kenya." Thesis, 2012. http://handle.uws.edu.au:8081/1959.7/524487.
Full textAbstract:
This research investigates the disconnect between customary and statutory law systems in legal frameworks for water governance and whether the integration of these systems would result in positive outcomes for sustainable development. A novel approach to the investigation is adopted, which seeks the root of the problem in the conceptual and theoretical framework within which water law is developed. By proposing a broader normative base, this research seeks to contribute to the search for more comprehensive solutions to the problem of recognition of customary law systems. Given the centrality of water to sustainable development, this research has significant implications not only on the development of water governance frameworks and the design of the property rights regimes in these frameworks but also on the capacity of the legal systems to achieve sustainable development. An analysis of 17th century common law jurisprudence identifies the legal theories and concepts that form the basis of contemporary legal frameworks for water governance in common law jurisdictions. Consequently, this thesis investigates the legal positivism developed in the period and its notion of law and customary law as well as the property theory and its conception of property rights regimes. The effect of these theories and concepts on the integration of customary and statutory law systems in water governance frameworks is explored. Based on existing literature, the nature and features of customary law systems are investigated and used to determine if a customary law system for water governance exists in the case of the Marakwet. This thesis proposes an analytical framework for investigating the normative aspect of customary law systems and identifying principles indicating the likelihood of positive outcomes of sustainable development. This framework is applied to Marakwet's customary water governance system. The analysis of Marakwet's system in the context of Kenya's water law confirms the limits set by legal positivism and property theory on the capacity of the law to accommodate customary law systems for water governance. An exploration of the human right to water and the right of indigenous peoples' to self-governance using customary law systems, demonstrates the potential of using the human rights-based approach to integrate customary law systems of governing water into the statutory framework. The research also proposes the exploration of classical legal theory as an alternative theoretical framework for transcending the limits set by legal positivism.
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DE, ANDRADE CORRÊA Fabiano. "The implementation of sustainable development in regional trade agreements : a case study on the European Union and MERCOSUR." Doctoral thesis, 2013. http://hdl.handle.net/1814/28034.
Full textAbstract:
Defence date: 5 June 2013Examining Board: Professor Marise Cremona, European University Institute (Supervisor) Professor Ernst Ulrich Petersmann, European University Institute Professor Markus Gehring, University of Cambridge, England Professor Adriana Dreyzin de Klor, Universidad Nacional de Córdoba, Argentina.
First made available online 12 June 2019
This thesis addresses the implementation of sustainable development in the legal frameworks of regional integration agreements (RIAs). Sustainable development is reaffirmed as one of the main priorities of the international community, while poverty eradication and the integration of socio-environmental concerns into all governance levels remain the most pressing challenges to its implementation. Furthermore, the role of law is considered fundamental for sustainable development, but there remains a lack of analysis of how legal frameworks are effectively advancing this objective. In this regard, the thesis focuses on the laws and policies of two of the most important RIAs in force, the European Union and MERCOSUR, with a twofold objective: 1) to analyze how RIAs can provide enabling legal frameworks for the promotion of sustainable development, going beyond trade liberalization and serving as a building block between multilateral goals and their implementation at the national level; 2) to provide case studies of norms and policies developed at the regional level addressing a) poverty eradication and social justice within their internal spheres; b) trade policies and instruments that more effectively integrate socioenvironmental objectives. The research undertaken has also a comparative element that enables the consideration of whether the EU, a more developed regional organization, can provide lessons to MERCOSUR in advancing these specific issues. The conclusions show that RIAs' legal frameworks can facilitate effective translation of sustainable development goals into concrete norms and policies, bridging the divide between a multilateral system of standard setting with low implementation power, and national states with weakened capacity to deal independently with these issues. The RIAs studied have been developing procedural innovations such as 'impact assessment' instruments, and substantive innovations, such as regional development funds aimed at promoting social cohesion internally, and trade instruments that integrate development concerns in their external relations, such as preferential trade systems (GSP) linked to socio-environmental issues and trade agreements that include 'trade and sustainable development' chapters. It also provides evidence that, despite their institutional differences, the development of sustainable development laws and policies within the EU has followed a path that can provide valuable insights for MERCOSUR. Finally, the thesis argues that, despite the tensions that might arise between the implementation of these regional measures and the multilateral trade system rules, regional action might be a way to cope with the difficulty of reaching a global agreement while also reflecting more adequately local concerns. The challenge is to assure coherence and consistency with the international goals, but given the importance of promoting a more sustainable development process, this a task worth pursuing.
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Harabut, Chattaporn. "The role of smart renewable energy regulation for sustainable development : the case of solar electricity in Thailand." Thesis, 2017. http://hdl.handle.net/1959.7/uws:51270.
Full textAbstract:
In order to meet the intensifying climate challenge, advance energy security and reduce poverty, the global energy system must undergo a fundamental transformation of the energy sector from a high to a low carbon economy with an increase of renewable energy sourced electricity. The essential approach to facilitate development of renewable energy sources for electricity is a smart renewable energy regulation for encouraging the use of, and overwhelming the barriers to renewable energy sources for electricity. This research aims to identify how to design a smart renewable energy regulation that could facilitate the development of renewable energy sourced electricity for sustainable development by using particular context of the solar energy sector in contexts of Thailand. This research has developed a set of appropriate legal and regulatory framework for the renewable energy sourced electricity development by integrating the recommendations of international policy responses of environment and sustainable development, climate change and renewable energy governance. This research has investigated relevant policies, law and regulatory instruments of a developed country (Germany) and a developing countries (Malaysia) as both Germany and Malaysia have a reputation for regulatory regimes and approaches on renewable energy sourced electricity. The research has also identified the strengths and weaknesses in relevant policies, law and regulatory instruments of these two countries that are enabling smart renewable energy regulation to play and effective role in facilitating the development of renewable energy sourced electricity. This research addresses legal and regulatory framework in Thailand through a smart renewable energy regulation to find out more appropriate design to support the deployment of renewable energy by using particular examples of the solar energy sector in contexts of Thailand. The existing legal and regulatory framework for solar energy electricity in Thailand indicate some potential roles of smart renewable energy regulation for renewable energy sourced electricity development. The research has identified some weakness in Thailand regulatory regimes and approaches to successful design of the smart renewable energy regulation effectively; such as inconsistencies in laws and policies, less of good governance in renewable energy regulation.
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Murombo, Tumai. "Law, regulation, and the promotion of renewable energy in South Africa." Thesis, 2016. http://hdl.handle.net/10539/22155.
Full textAbstract:
thesis submitted in fulfilment of the requirements for the degree of
DOCTOR OF PHILOSOPHY (PhD)
in the School of Law at the University of the WitwatersrandMany countries are under pressure to transition from fossil to renewable sources of energy. This pressure comes from multiple points including sustainable energy and climate change imperatives. The energy industry, especially electricity generation, is the main source of greenhouse gases, hence the significance of reductions in this industry. The purpose of this study was to conduct a legal analysis of the renewable energy law in the context of energy law generally in South Africa, to understand the regulatory function of law in promoting renewable energy. The study analysed government legal and policy positions, and the response by non-state actors to such policy positions and laws. Through a qualitative analysis of primary and secondary sources of law and public participation documents, the study found that; while South Africa is committed to renewable energy, its socio-economic, cultural, and environmental context superimposes other priorities that impede progress towards renewable energy. Several obstacles to renewable energy were identified, some internal to energy law and others external to it, coming from other areas such as environmental law, governance, economics, and behavioural sciences. Analysis at the convergence of environmental and energy law revealed misalignment and fragmentation as major obstacles to renewable energy. While barriers are common across the globe, countries cannot apply the same responses with the same results. Regulatory responses, beyond the traditional ‘command and control’ tools are context specific and tools that have worked, in other countries, may not be as effective in South Africa. Socio-economic dynamics determine the legal responses to the barriers to renewable energy or the efficacy of economic incentives to promote renewable energy. However, overall, law and regulation can, and must, play a crucial enabling role by removing barriers to renewable energy. Nevertheless, there are limits to the use law ‘as regulation.’ Renewables will not replace fossil sources yet; rather in the long-term, renewables should become a big part of the energy mix. Despite gaining price competitiveness, it is too early for renewables to displace conventional fossil sources in a context of entrenched structural and institutional obstacles. Concomitant technical, market, economic, and environmental and resource governance interventions are necessary to effectively promote an energy mix substantially composed of renewables. The study recommends that law should create an enabling regulatory environment for renewable energy. South Africa has not used law effectively enough to create this environment, thereby impeding the integration of renewable energy into its energy mix. Aligning energy and environmental law, among other incentives, can enhance this role of law. Legal reforms are necessary to remove the regulatory advantage afforded to conventional sources of electricity and level the playing field.
MT2017
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Mukwindidza, Enock. "The implementation of environmental legislation in the Mutasa district of Zimbabwe." Diss., 2008. http://hdl.handle.net/10500/2295.
Full textAbstract:
The research focused on the assessment of the effectiveness of the methods used in the implementation of environmental legislation in the Mutasa district of Zimbabwe. Successful implementation of environmental legislation and any other legislation is determined by various factors. Some of the factors include environmental education, environmental awareness programmes, consistency in implementing environmental legislation, coordination of all stakeholders, willingness of communities to co-operate and the political will by political office bearers. This research revealed that the methods used to implement environmental legislation in the Mutasa district of Zimbabwe are ineffective. Poverty is the main reason for activities leading to environmental degradation. Communities in the Mutasa district of Zimbabwe are ignorant of environmental legislation which govern their activities. Environmental education and environmental awareness programmes are rarely carried out. The political office bearers in the Mutasa district lack the political will to ensure that environmental legislation are enforced.Public Administration
MPA (Public Administration)
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Van, der Merwe Timothy David. "The carbon tax as a market-based enforcement mechanism to ensure compliance with environmental law and address pollution." Diss., 2018. http://uir.unisa.ac.za/handle/10500/25643.
Full textAbstract:
This study emanates from the worldwide issue of climate change, as well as the need for all nations to make an effort to reduce their carbon emissions and move towards greener economies. It delves into South Africa's current command-and-control environmental enforcement regime and highlights the pitfalls that allow major air polluters to avoid sanction of any form in many instances. This poor environmental enforcement and compliance effectively means that South Africa is unlikely to be capable of meeting targets set under international agreements. The study confirms that environmental enforcement is inadequately addressed in South Africa. This is attributable to the inherent shortcomings of command-and-control approaches, including that they are inflexible and offer few incentives for firms to modify behaviour to reduce emissions. Poor enforcement of environmental legislation results in negative externalities caused by air pollution being borne by people who did not create such pollution. The study therefore advocates the use of market-based mechanisms as an alternative to traditional command-and-control approaches to environmental enforcement.
In light of the South African government's recent publication of the Draft Carbon Tax Bill, carbon taxes as a subset of market-based environmental enforcement mechanisms have the potential to better enforce the polluter pays principle. Mexico, arguably the most forward-thinking developing nation in terms of climate change mitigation, has taken numerous steps towards meeting international commitments, including the implementation of a carbon tax. While South Africa's proposed carbon tax does differ from Mexico's in some respects, the basic premise remains the same and some comparisons can be made in this regard, with accompanying lessons to be learned. Such lessons include that it is imperative that the carbon tax must be set at a high enough rate to meet international commitments whilst at the same time avoiding adverse economic effects, maintaining social welfare and stabilising economic output levels. The proposed carbon tax, while unable to achieve this on its own, is a good place to start and should be utilised in conjunction with the Draft Climate Change Bill to effectively and efficaciously bring about the required change. The proposed carbon tax undoubtedly has the potential to better hold major air polluters responsible for their CO2 and other GHG emissions.Private Law
LL. M.
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Van, Heerden Kim. "Transfer of Development Rights (TDR) as a mechanism for environmental conservation : feasibility study to determine the suitability or otherwise of the Midmar area of controlled subdivision as a pilot area for the application of a TDR programme in KwaZulu-Natal." 2001. http://hdl.handle.net/10413/4577.
Full textAbstract:
The application of a transfer of development rights (TDR) programme is a concept
which has been used, both formally and informally, by regulators of development, as
a mechanism to protect areas of historical, cultural, ecological, agricultural and
environmental importance. The application of a TDR programme requires definition
of a TDR boundary and the identification of sites within such area which are
capable of sustaining development (receiving sites) and sites that are not suited to
development (sending sites). A TDR programme serves to protect the natural
environment; preserve historical and cultural diversity; and, strives to achieve an
equitable spread bf development opportunities amongst property owners in a given
area.
There are those involved with current development planning policy within KwaZulu-Natal
who propose that the planning legislation should formally incorporate TDR
regulations into the KwaZulu-Natal Planning and Development Act (Act 5 of 1988).
TDR programmes in KwaZulu-Natal have been applied in a limited sense and in an
informal manner. To date, no area in KwaZulu-Natal has been formally designated
as a TDR area and the formal implementation and the feasibility of instituting a TDR
programme has not been tested.
It is suggested that within an area where environmental, agricultural, historical or
cultural significance has been identified an opportunity for the application of a TDR
programme exists. The planning and implementation of a TDR programme within a
designated area provides an opportunity for integrated and sustainable
development to occur. Within a defined TDR area the parameters for development
capacities are agreed to upfront through negotiation between property owners,
approving authorities and interested and affected parties. Consequently the
possibilities of over or inappropriate development levels within the defined special
area are significantly reduced. It must be noted that TDR programmes are area specific and therefore should only be applicable in areas which are of significant
agricultural, environmental, historical, cultural and ecological value.
This thesis identifies a possible areawhere a TOR programme could be applied. It
was thought appropriate that the pilot area should be one which is environmentally
sensitive and where only limited development has been permitted. The Midmar
Area of Controlled Subdivision, situated north of Pietermaritzburg in the KwaZulu-Natal
Midlands provides an ideal opportunity where a TDR model could be
examined and developed.
In essence, this thesis defines TDR programmes and includes a brief investigation
into international application of TDR programmes. In particular, it examines the
application of a TDR programme at Lake Tahoe in the United States to illustrate the
possible levels of sophistication that such a programme may achieve. It outlines the
legislative framework in terms of which a TDR programme may be implemented for the study area.
An overview of the current situation of the Midmar Area of
Controlled Subdivision is presented which includes a summary of the attributes of
the area; the current development pressures it faces; and, planning initiatives
impacting on the Midmar Dam and its surrounds, all of which inform the study.
The thesis also examines how and whether the implementation of a TOR
programme could be successfully achieved. The study concludes that the Midmar
Area of Controlled Subdivison would form an ideal foil on which to test the
application of TOR programmes in KwaZulu-Natal. A set of recommendations which
would form the basis for the implementation of a TOR programme in the Midmar
Area of Controlled Subdivision is provided.
The thesis does not attempt to identify each individual parcel of land which should
be ascribed receiving or sending site status as this would require further in-depth
study by various specialists.Thesis (M.Env.Dev.)-University of Natal, Pietermaritzburg, 2001.
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Tran, Thi Bich Lan. "Impact of changes in land tenure regimes on incentives for long-term land improvements in Vietnam." Phd thesis, 2004. http://hdl.handle.net/1885/148559.
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Jiang, Xiaoyi. "Legal issues for implementing the clean development mechanism in China." Thesis, 2010. http://handle.uws.edu.au:8081/1959.7/487665.
Full textAbstract:
Today, climate change is among the most hotly-debated topics worldwide. The Clean Development Mechanism (CDM), one of the three financial mechanisms under the Kyoto Protocol open to developing and developed countries, was devised to assist in mitigation of global warming. Since it was initiated, thousands of CDM projects have been carried out. China, in particular, with its large carbon emission potential and favourable investment environment, has dominated the global carbon market through participating in CDM projects and has become the largest beneficiary. However, despite the significant benefits the CDM has brought to China, many barriers and problems are still encountered in the practical implementation of CDM projects. Moreover, as the first Kyoto period is set to expire in 2012, China, as a major emitter and developing country, will play a crucial role in combating global warming in the post-2012 period. Therefore, it will be under considerable pressure to reduce carbon emissions without undermining its economic development. The central aim of this thesis is to discuss what China should do to make full use of the CDM to promote sustainable development and meet the challenge of climate change from a legal perspective. First, how the CDM contributes to sustainable development in China is explored on the basis of the current situation of CDM projects. Following this, the existing barriers and problems encountered in the practical implementation of CDM projects are indentified, based on a field work study. Finally, how the CDM would contribute to assisting China in dealing with climate change beyond 2012 is analysed. Based on this analysis, the thesis comes to a conclusion that the CDM has limitations in promoting sustainable development in China and thus should be regarded only as a complementary instrument in combating climate change. Legal strategies for improving the implementation of CDM projects under the legal framework in China are thus put forward and some proposals for China to meet the challenge of climate change in the post-2012 era are made.
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Kirby, Ronald Vernon. "A comparative study of the enforcement of environmental law with regard to the conservation of fauna and flora in the RSA." 2002. http://hdl.handle.net/10500/17092.
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Mathew, Brenda A. "The Link Between Smart Growth in Urban Development and Climate Change." Thesis, 2013. http://hdl.handle.net/1805/3206.
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Nkongolo, Kabange Jr. "Improving the governance of mineral resources in Africa through a fundamental rights-based approach to community participation." Thesis, 2013. http://hdl.handle.net/10500/14186.
Full textAbstract:
This study makes the assumption that community participation in the governance of mineral
resources is a requirement of sustainable development and that through a fundamental
rights-based approach, it can be made effective. The concern is that an affected community
should not only be involved in the decision-making process, but its view must also influence
the outcome in respect of whether or not a mineral project should take place and how it
should address development issues at local level. It is assumed that this legal approach will
improve mineral governance by bringing more transparency and accountability. In many
African resource-rich countries, community participation has until now been practiced with
more of a soft approach, with the consequence that it has been unable to eradicate the
opacity existing in the management of revenues generated by mineral exploitation and also
deal efficiently with the recurrence of fundamental rights violations in the mineral sector.
Obviously, the success of the fundamental rights based-approach is not absolutely
guaranteed because there are preconditions that must be fulfilled. The synergy between
community participation and some relevant concepts like democracy, decentarlisation,
accountability, (good) governance and sustainable development must be well balanced for the participation process to bring positive outcomes. Also, because the fundamental rights
based-approach is conceived here within the framework of the African Charter of Human
and People’s Rights, its normative and institutional components, despite the potential to
make participation effective and successful, require that some critical challenges be
addressed in practice. The study ends with the conclusion that the fundamental rights based-approach
is appropriate to make community participation effective in the mineral-led
development process taking place at local level, provided that its implementation is kept reasonable.Constitutional, International & Indigenous Law
D.Law
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Qasaymeh, Khaled Ahmed. "South Africa’s peaceful use of nuclear energy under the nuclear non-proliferation treaty and related treaties." Thesis, 2014. http://hdl.handle.net/10500/13855.
Full textAbstract:
Text in EnglishEnergy is the natural power stored in matter which can be potential and kinetic energy. This occurs in nature in various forms such as chemical energy, thermal energy, electromagnetic radiation, gravitational energy, electric energy, elastic energy, nuclear energy, and rest energy. The scientific research relating to nuclear energy has revealed that atoms are the foundation of matter. In 1905 Albert Einstein initiated the quantum revolution utilising the Newtonian mass-energy equivalence concept in order to put his famous equation: E =mc2, where energy is (E). This facilitated the nuclear research which focused on manufacturing the first atomic bomb. In 1945 the USA acquired its first two atomic bombs which were dropped on Nagasaki and Hiroshima, killing 200 000 people; mostly civilians. But nuclear energy research has been redirected by scientists in order to industrialise nuclear technology in order to address growing power needs. This encouraged policy makers to consider the risks posed by utilising nuclear energy for civil purposes. The shift towards peaceful nuclear energy applications has been motivated by the many valuable contributions to humankind which nuclear energy offers - for instance in the fields of energy generation, human health, agriculture and industry. The nature of nuclear energy lends itself to becoming an important component of the world energy and global economic system. Nuclear energy is a viable option for many countries including South Africa, because it offers an economic and clean source of electricity; the primary engine for socio-economic development. South Africa operates the only two nuclear power reactors in Africa, (Koeberg 1 and Koeberg 2) generating 1.8 GWe. South Africa’s energy supply infrastructure consists fundamentally of coal-fired power plants which pose serious threats to the environment. Therefore, it is assumed that the planned 9.6 GW of new nuclear capacity by 2030 will meet the requirements of South Africa’s policy regarding the diversification of available energy resources to secure energy supply, support economic growth, and contribute to environmental management. Consequently, the legal system which governs nuclear energy programme is intended to prohibit the proliferation of nuclear weapons, ensure security and maintain the safe operation of nuclear facilities.
Public, Constitutional, & International Law
LL.D.
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Botha, Erika. "A structured approach to energy risk management for the South African financial services sector." Thesis, 2017. http://hdl.handle.net/10500/23560.
Full textAbstract:
Energy conservation, efficiency and renewable energy have become a vital part of everyday life and business. The increase in energy cost and the consequences of greenhouse gas emissions necessitates energy management and in particular energy risk management within organisations. Organisations need to manage the possible negative effect that the increased costs will have within the organisation.
The present research investigated the introduction of a structured approach to energy risk management within the financial services sector of South Africa. The research followed a quantitative, non-experimental research design by using a structured questionnaire. The questionnaire was sent to managers within the financial services sector. The research investigated the criteria for the implementation of a structured approach to energy risk management such as organisational requirements (culture, corporate social responsibility, management, and finance), governance, energy strategies (energy conservation, efficiency and renewable energy), risk identification, risk management and lastly communication and review. The research found that the structured approach to energy risk management should include the context within the organisation namely
organisational requirements, governance and energy strategies. Thereafter the risks within the energy strategies need to be identified, analysed and evaluated, and control measures need to be implemented. It is important to monitor the various energy strategies continuously in order to identify corrections and implement
preventative actions. The strategies need to be reviewed and communicated in terms of the various strategies to all stakeholders within the organisation in order to set continual improvement plans. Risk management should form part of the energy management strategies of organisations. The research showed that energy risk
management plays an important role in the overall business strategy and that the vast majority of financial services organisations have already implemented some form of energy management. There are however aspects that are still lacking within management strategies that need attention.D. Phil. (Management Studies)
Business Management