LCP4805 PORTFOLIO MEMO - MAY/JUNE 2022 - SEMESTER 1 - UNISA

LCP4805 PORTFOLIO MEMO - MAY/JUNE 2022 - SEMESTER 1 - UNISA - Guideline QUESTION 1 The backdrop leading to the conceptual notion of sustainable development is well captured by Tladi (2007: 1-2), when he observes that: “[t]he current state of the world is characterized by two undeniable facts. First, there is ongoing and massive environmental degradation. The global environmental problems attracting the attention of the world include, but are not limited to, the depletion of the ozone layer, high rates of destruction of the earth’s biodiversity, including fauna and flora, and increased emission of anthropogenic greenhouse gases which threaten to destabilise the earth’s climate system. Second, there is a development gap between the North [Developed States] and the South [Developing States]. While the developed North is wealthy, the developing South is characterized by widespread poverty and underdevelopment. [...]. The gap between rich and poor continues to increase. This is true not only for the gap between rich and poor countries, but also for the gap between rich and poor people within these countries. What is more, the current environmental and developmental crises are not unrelated. The link between environmental degradation, on the one hand, and development and the lack of development, on the other, is well established. [...]. The process of industrialization is not the only link between development concerns and environmental degradation. Poverty, a result of underdevelopment, is itself a major cause of environmental degradation. Poor people destroy their immediate environment in order to survive. This over exploitation of their natural resources for short-term survival can only be countered through the upliftment of the world’s poor to standards that accord with humanity”. 1.1 Quote the provision of the Constitution that captures the concept of sustainable development. (2) 1.2 Which phrase in the Constitution speaks to the concept of “intergenerational equity”? (2) 1.3 What are the two key components to which sustainable development as a concept has been said to be linked to by the World Commission on Environment and Development? (6) 1.4 According to the authors Birnie and Boyle, sustainable development contains substantive and procedural elements. Discuss the following procedural elements of sustainable development (briefly explain the elements and then set out how these elements are incorporated and applied in South African law): environmental assessment, access to information and public participation in decision-making. (15) 1.5 Why is the concept of sustainable development considered important in South Africa’s Constitutional dispensation? (10) [35] QUESTION 2 Discuss the role of “soft law” (non-traditional sources) in the development of international environmental law. (10) [10] QUESTION 3 A company called Water is Life (Pty) Ltd wants to construct a facility for the desalination of water for the town of Mooi Kaap in the Eastern Cape. The company plans to produce 150 cubic metres of treated water per day. Advise the company whether an environmental authorisation is required, if so, outline the procedure that must be followed. (15) [15] QUESTION 4 4.1 What are the primary purposes and repercussions of environmental impact assessments? (15) 4.2 Describe incentive-based mechanisms and provide examples. (10) 4.3 Critically discuss what is meant by locus standi and how it has been provided for in the Constitution and the National Environment Management Act 107 of 1998. (15) [40] TOTAL: {100}