Lecture 3

Environmental Law:
2024
Mr S Bergover
41 New Street, Grahamstown
[email protected]
International environmental law
framework
 Introduction
 International law and the South African Constitution
 International Institutions
 Sources of international environmental law
 International environmental law conventions
Introduction
 Many of South Africa’s laws are influenced by international law

including norms and standards.
 Countries now have a greater influence in each other’s environmental
affairs, very much like human rights which are not just limited to one
specific country.
 Environmental issues are now a worldwide problem
International law and the South
African Constitution
 Constitution confirms that customary international law is recognized
as law in SA, unless it is inconsistent with the Constitution
 International agreements that were in force before the Constitution
will continue to remain in force--
 Reasonable interpretation of legislation that is consistent with
international law
 International law must be considered
 Process of adopting international agreements
 Chapter 5 of NEMA principles – global and international
responsibilities
 Chapter 6 of NEMA- International obligations and agreements
International institutions
 The United Nations Environment Programme (UNEP)

 The United Nations Commission on Sustainable Development (CSD)
 The United Nations Development Programme
 The International Marine Organisation (IMO)
The United Nations Environment
Programme (UNEP)
 Established in 1972 by the UN General Assembly.
 Based in Nairobi, Kenya
 Consists of 59 members elected by the General Assembly
 Includes an environmental law division
The United Nations Commission on
Sustainable Development (CSD)
 Based in New York and reports to the Economic and Social Council
(ECOSOC)
 Main body responsible for sustainable development issues
 Responsible for reviewing and monitoring the implementation of
international commitments on sustainable development
 Established in 1992
The United Nations Development
Programme (UNDP)
 Established in 1965 by the General Assembly
 Works in 170 developing countries including South Africa
 Main focus is to eradicate poverty and to reduce inequalities
 Assists countries to develop various policies and skills
 Also makes funds available to countries for domestic implementation
of international environmental conventions
The International Marine
Organisation (IMO)
 Based in London and established in 1948
 Specialised agency mandated to protect the marine environnemt
 Contributed to the development of many marine pollution
conventions
 Concerned with creating the development and maintenance of a
comprehensive regulatory framework for shipping and includes
marine safety, environmental concerns, legal matters, technical
matters and overall general efficiency of shipping.
Sources of international
environmental law
 Set out in Article 31 (1) of the Statute of the International Court of
Justice
 International conventions
 Customary law
 General principles of law
 Judicial decisions
 Writings of publicist, codification and jus cogens
International environmental law
conventions
 South Africa is a party to 50 international conventions
 Complete discussion can be found on pages 39 – 62
 Various categories of conventions
 Marine conventions, including Antarctica
 Pollution-related conventions
 Conventions related to wild animals, including the Convention on
International Trade of Endangered Species (CITES)
 Plant-related conventions
 Conventions related to protected areas
 General resource-related conventions
 International environmental initiatives and trade
COP – Conference
of Parties
- Meeting of all the member States of
CITES, held annually
- This is the decision-making body of the
Convention
- A key task is to review and monitor
national emission targets by Parties
- COP assesses the effects and progress
of the measures taken by the Parties
CASE STUDY: RHINO HORN TRADING - CITES
 South Africa holds about 80% of the world’s rhinos
 Poaching crisis of 1970s and 1980s led to stricter laws including the
establishment of CITES (Convention on International Trade of
Endangered Species) in 1977
 SA continued with legal domestic trade despite the above
 In 2009 trade was banned following the increase in poaching
 In 2015 the ban was lifted after the case brought by Hume and
Kruger. The court found that the 2009 ban was not procedurally fair
and due process was not followed
 2016 – rumours that SA would table a proposal to allow international
trade In rhino horn for the CITES CoP (Conference of Parties) in
September 2016 in Johannesburg
 SA decided not to do
so, and Swaziland
put together a
proposal but did not
get the two thirds
majority needed
 Swaziland argued
for autonomy and
financial incentives
which would help
conservation
 The SA government appealed the decision all the way to the Con
Court
 In April 2017 the Con Court dismissed the State’s leave to appeal
which essentially put an end to the matter
 Since due process was not followed during the 2009 ban, the ban was
uplifted allowing legal domestic sale of rhino horn
 In the same year (2017) the State published Draft Regulations for the
Domestic Trade in Rhinoceros horn
 I.t.o the Regulations rhino horns can be sold domestically subject to
strict regulations (DNA samples, tagging, paperwork etc)
 There are provisions which also allow for international export
 SA’s dilemma with domestic trade, international export and CITES
 Challenges of trying to prohibit illegal commercial export
 Swaziland’s position on international trade

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Environmental Law:

 Many of South Africa’s laws are influenced by international law

 The United Nations Environment Programme (UNEP)

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