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 Periodical article |
 Leiden University catalogue |
 WorldCat |
| Title: | Environmental justice in South African law and policy |
| Author: | Glinski, Carola |
| Year: | 2003 |
| Periodical: | Verfassung und Recht in Übersee |
| Volume: | 36 |
| Issue: | 1 |
| Pages: | 49-74 |
| Language: | English |
| Geographic term: | South Africa |
| Subjects: | constitutions 1996 human rights environmental law environmental policy |
| Abstract: | Due to its history, the Republic of South Africa faces serious environmental problems that traditionally affect the underprivileged black population disproportionately. The majority of people live in distressing conditions, including lack of access to resources, such as clean drinking water or land, and exposure to natural hazards and pollution. After the end of the apartheid regime, addressing these disparities in environmental conditions became part of the new political agenda. They culminated in an encompassing goal of 'environmental justice'. This article analyses the potential of the new legislation to bring about environmental justice. The focus lies on the fundamental rights of the South African Constitution of 1996, on recent environmental legislation, and also on recent developments in procedural law, which have been identified as being of utmost importance for the pursuance of environmental justice. The analysis also includes the application of the new law by the courts, in particular by the Constitutional Court. The article illustrates that both legislative developments and the attitude of the courts are promising but also critiques the process where it seems still to be insufficient or too slow. Notes, ref., sum. (p. 4). [ASC Leiden abstract] |
