Sustainable Development: The Human Rights Approach to Environmental Protection in South Africa
International and domestic environmental law has
evolved quite rapidly in the last few decades. At the international
level the Stockholm and Rio Declarations paved the way for a broad
based consensus of the international community on environmental
issues and principles. At the Domestic level also many states have
incorporated environmental protection in their constitutions and even
more states are doing the same at least in their domestic legislations.
In this process of evolution environmental law has unleashed a
number of novel principles such as; the participatory principle, the
polluter pays principle, the precautionary principle, the intergenerational
and intra-generational principles, the prevention
principle, the sustainable development principle and so on.
[1] “Universal Declaration of Human Rights”, 1948.
[2] “United Nations Conference on the Human Environment”, 1972.
[3] “African Charter on Human and Peoples Rights” (Article 16(1)).
[4] S. Bouillon, Geïntegreerde Volhoubare Grondontwikkeling in Suid-
Afrika met Spesifiekeverwysingna Gauteng, LLD Thesis North-West
University, 2003.
[5] H. Burns and D. Bollier, “Toward a recalibrated human right to a clean
and healthy environment: making the conceptual transition”. Journal of
Human Rights and the Environment pp. 116-142 1 September 2013.
[6] G. Carpenter, “Internal modifiers and other qualifications in Bill of
Rights- some problems of interpretation” SA Publiekreg, 1995.
[7] G.E. Devenish, A commentary on the South African Bill of Rights, Juta
1999.
[8] W. Du Plessis and A.A. Du Plessis, Striking the sustainability balance in
South Africa in The balance of interests in environmental law in Africa,
Pretoria University Law Press, 2011, pp. 413-458.
[9] M. Fitzmaurice, D.M. Ong and P. Merkouris, Research Handbook on
International Environmental Law, Edward Elgar Publishing Limited UK
2010.
[10] S. Heleba, “Access to sufficient water in South Africa: How far have we
come?” Research paper, 2009.
[11] M. Kidd, “Removing the green-tinted spectacles: The three pillars of
sustainable development in South African environmental law”, South
African Journal of Environmental Law and Policy. 2008.
[12] D. Meyerson, Rights Limited 1st edition Juta, Kenwyn, 1997.
[13] J.C. Mubangizi, The protection of Human Rights in South Africa: A
legal and practical guide, Juta and Company, 2004.
[14] Report of the World Commission on Environment and Development:
Our Common future (WCED), 1987.
[15] Y. K. Sabharwal, Human rights and the Environment.
http://supremecoutfndia.nic.in/speechhs/speeches-2005/humanrights.doc
Accessed on: 10 August 2015, 2015.
[16] The Constitution of the Republic of South Africa, 1996.
[17] The International Covenant on Economical Social and Cultural Right
(ICESCR) 1966.
[18] The International Human Rights Watch (HRW), 2014.
[19] Fuel Retailers Association of South Africa v Director General
Environmental Management, Department of Agriculture, Conservation
and Environmental Mpumalanga Province 2007 10 BLRC 1059 (CC)
[20] Mazibuko v The City of Johannesburg and Others 2010 (3) BCLR 239
(CC).
[1] “Universal Declaration of Human Rights”, 1948.
[2] “United Nations Conference on the Human Environment”, 1972.
[3] “African Charter on Human and Peoples Rights” (Article 16(1)).
[4] S. Bouillon, Geïntegreerde Volhoubare Grondontwikkeling in Suid-
Afrika met Spesifiekeverwysingna Gauteng, LLD Thesis North-West
University, 2003.
[5] H. Burns and D. Bollier, “Toward a recalibrated human right to a clean
and healthy environment: making the conceptual transition”. Journal of
Human Rights and the Environment pp. 116-142 1 September 2013.
[6] G. Carpenter, “Internal modifiers and other qualifications in Bill of
Rights- some problems of interpretation” SA Publiekreg, 1995.
[7] G.E. Devenish, A commentary on the South African Bill of Rights, Juta
1999.
[8] W. Du Plessis and A.A. Du Plessis, Striking the sustainability balance in
South Africa in The balance of interests in environmental law in Africa,
Pretoria University Law Press, 2011, pp. 413-458.
[9] M. Fitzmaurice, D.M. Ong and P. Merkouris, Research Handbook on
International Environmental Law, Edward Elgar Publishing Limited UK
2010.
[10] S. Heleba, “Access to sufficient water in South Africa: How far have we
come?” Research paper, 2009.
[11] M. Kidd, “Removing the green-tinted spectacles: The three pillars of
sustainable development in South African environmental law”, South
African Journal of Environmental Law and Policy. 2008.
[12] D. Meyerson, Rights Limited 1st edition Juta, Kenwyn, 1997.
[13] J.C. Mubangizi, The protection of Human Rights in South Africa: A
legal and practical guide, Juta and Company, 2004.
[14] Report of the World Commission on Environment and Development:
Our Common future (WCED), 1987.
[15] Y. K. Sabharwal, Human rights and the Environment.
http://supremecoutfndia.nic.in/speechhs/speeches-2005/humanrights.doc
Accessed on: 10 August 2015, 2015.
[16] The Constitution of the Republic of South Africa, 1996.
[17] The International Covenant on Economical Social and Cultural Right
(ICESCR) 1966.
[18] The International Human Rights Watch (HRW), 2014.
[19] Fuel Retailers Association of South Africa v Director General
Environmental Management, Department of Agriculture, Conservation
and Environmental Mpumalanga Province 2007 10 BLRC 1059 (CC)
[20] Mazibuko v The City of Johannesburg and Others 2010 (3) BCLR 239
(CC).
@article{"International Journal of Business, Human and Social Sciences:69641", author = "C. M. van der Bank and Marjoné van der Bank", title = "Sustainable Development: The Human Rights Approach to Environmental Protection in South Africa", abstract = "International and domestic environmental law has
evolved quite rapidly in the last few decades. At the international
level the Stockholm and Rio Declarations paved the way for a broad
based consensus of the international community on environmental
issues and principles. At the Domestic level also many states have
incorporated environmental protection in their constitutions and even
more states are doing the same at least in their domestic legislations.
In this process of evolution environmental law has unleashed a
number of novel principles such as; the participatory principle, the
polluter pays principle, the precautionary principle, the intergenerational
and intra-generational principles, the prevention
principle, the sustainable development principle and so on.
", keywords = "Environment, human rights, international,
protection.", volume = "9", number = "2", pages = "665-6", }
