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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:'From destruction to recovery': environmental law, the final constitution and the impact of international law
Author:Beukes, MargaretISNI
Periodical:South African Yearbook of International Law
Geographic term:South Africa
environmental law
Abstract:The term 'environment' is extremely difficult to define and its meaning must ultimately be viewed as a policy issue about which opinions may differ. The author considers the various interpretations of the term 'environment', reviews the origins and historical development of international environmental law and examines the parallel development of the cluster of rights, known as third generation rights. She further explores environmental or green rights, as South Africa's new democratic dispensation provides for a rights to environment in both the interim and the final Constitutions. Finally she deals with the issues and problems posed by the implementation of both environmental law and a right to environment in the South African context of a developing country. These include the question of what legal standard will be used to test the infringement of the environment, the potential conflict between the private rights of a developer and public interest in the environment, the jobs-versus-environment dilemma, and the relationship between the right to environment and other rights. She concludes that it is a moot point whether the South African right to a 'clean and healthy' environment as homocentric right can cultivate environmental awareness and form the basis for an environmental ethic. Notes, ref.