1,720,958 research outputs found
Adopting the theory of degrowth as a means to achieve sustainability in South African law
No full textA research report submitted in partial fulfillment of the requirements for the degree of Master of Laws by Coursework and Research Report at the University of the Witwatersrand, Johannesburg, 2023Capitalism’s mandate of infinite, exponential growth on a planet with finite, non-renewable resources has resulted in global environmental crisis. Contextualized by South Africa’s industrial Minerals-Energy Complex, this paper submits that the growth imperative of neoliberal fossil capitalism is resulting in unsustainability in South African environmental management. Decision-making is skewed in favour of economic growth at the expense of sustainability. Degrowth is a movement that rejects the growth imperative as compulsory; it is a call not only to do less, but to do differently, a counterhegemonic alternative to capitalism that seeks environmental justice, decolonization of the North-South divide, and alternatives to growth and development. This paper posits that rejecting capitalism’s growth imperative and approaching environmental management from a degrowth perspective can inform sustainability in South African environmental law. It posits that degrowth can find applicability in South African environmental law through its compatibility with ubuntu, which in the context of this study is accepted as a similar counterhegemonic alternative to capitalism. This paper emphasizes ubuntu degrowth as a framework to conceptualize South African environmental
management, insofar as it offers a transformative alternative to growth, and to capitalism itselfMM202
Gongqose v Minister of Agriculture, Forestry and Fisheries – A Tale of Customary Rituals and Practices in Marine Protected Areas
Get PDFThe correct application of customary law post constitutionalism continues to be the subject of much judicial and academic deliberation. This is especially true where the existence and/or scope of customary rights and cultural practices are not well defined in a specific case. Gongqose v Minister of Agriculture, Forestry and Fisheries 2018 5 SA 104 (SCA) presents a perfect example of the dissonance between the recognition of customary law by the Constitution of the Republic of South Africa, 1996 and the regulation of rights and cultural practices emanating from customary law. The case grapples with the meeting point of customary rights and customs and the need to preserve the environment. This intersection is considered in view of earth jurisprudence as an emerging legal thought topic in environmental law. On the whole, the decision of the SCA demonstrates encouraging signs of an appreciation of customary law as deserving of an equal place on the legal podium.\
 
Using Margaret Archer’s sociological concepts of structure, culture, and agency to investigate the dissemination of customary marriage literature in South African Higher Education Institutions
Get PDFBefore colonialism, apartheid, and democracy, customary marriages were regulated by customs and practices under living customary law. The advent of these systems introduced official customary law. This introduction brought about changes to customary marriages, which are known and understood by the people of South Africa who subscribe to living customary law. The existence of official customary law as a result of actions from colonialism, apartheid, and democracy impacted the literature of customary marriages that is disseminated by South African Higher Education Institutions (HEIs). These institutions disseminate customary marriage literature that often fails to capture the lived realities of African South African people. This led to the subjugation and marginalisation of the literature of customary marriages as practised by most South African people under living customary law. Unavoidably, the status quo concerns epistemological access to customary marriage literature based on living customary law. Against this backdrop, this paper adopts a multidisciplinary approach to investigate what led to the status quo and how the status quo could be changed. This will be done using Margaret Archer’s sociological concepts of structure, culture, and agency, typically known as Margaret Archer’s Morphogenesis Theory. In this contribution, this theory mainly denotes the relationship between the systems and interactions through systemic conditioning
Regulation, control and prevention of marine pollution in South Africa : a comparative analysis between national and international legal frameworks
Get PDFThesis (LLD.) -- University of Limpopo, 2021This thesis, “Regulation, control and prevention of marine pollution in South Africa: A Comparative analysis between national and international legal framework” focuses on the existing laws, conventions, treaties and policies on the control and prevention of marine pollution. Various laws have been enacted in South Africa to prevent and control marine pollution. However, marine pollution continues to increase at a rapid rate. This study aims to establish a basic approach that is aimed at combating marine pollution through examining the regulation, prevention and control of marine pollution in South Africa, with a specific focus on the comparative analysis of national and international framework.
To this end, a comparison is made between South Africa and other jurisdictions in Africa, Europe, Asia and Latin America. The reason for employing a comparative approach is to learn best practices and finding solutions to the problem of marine pollution. Thus, the international legal framework, regional framework and operations of intergovernmental bodies and non-governmental bodies on the effort of combatting marine pollution were analysed. The objectives of this study were to examine how marine pollution is prevented through the existing legal framework; to identify the reason for the increasing rate of marine pollution despite the existing legal framework promulgated to curb marine pollution; to determine the effectiveness of the newly created IMOrg, juxtaposing it with similar organisations in other jurisdictions and to propose amendments to legislation that prevent and control marine pollution to ensure effective protection of the marine environment.
This study was guided by questions such as the following: Do the existing legal frameworks adequately protect and control marine pollution? What is the reason for the increase in marine pollution despite the existing legal framework regulating marine pollution? How effective is the IMOrg in ensuring that South Africa address marine pollution? Is there a need to promulgate more effective legislation preventing and controlling marine pollution?
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The study adopted a non-empirical qualitative research design that does not include data collection, questionnaire, systematic data analysis, observations and/or interviews. The study relied on the library materials that include but are not limited to textbooks, reports, legislations, regulations, charters, policies, amendments to the legislation, journals or academic journals, government gazette, constitution, national and international journals. From the materials consulted, the study revealed the existence of a relationship between the national and international legal framework. However, such an existing relationship is not good enough to effectively prevent the marine environment from harm. This is because a plethora of national legislations that regulate the marine environment comprise less stringent measures to deter future contravention. The study recommends amendments to legislations that regulate marine pollution to impose penalties that have a deterrent value on parties. The study advises against the repealing of these legislations
A legal analysis of prohibition of marine pollution
Get PDFThesis (M. Dev.) -- University of Limpopo, 2016This mini-dissertation deals with the legal analysis of the prohibition of marine pollution. It is found that the harmful effects of marine pollution on the marine ecosystem, human health and the economy is a problem that needs to be solved immediately. International Conventions and different legislation have been drafted in order to regulate, reduce, mitigate or stop marine pollution. Despite the existence of these conventions and legislation, this problem continues unabated. Large numbers of marine species are known to be harmed and killed as a result of marine pollution. Marine pollution did not receive much attention until many species in the sea and the marine ecosystem faced adverse consequences resulting from marine pollution. Although it has become a global concern, most nations are still producing huge pollution loads. This mini-dissertation analyses the legal framework and the sources of marine pollution, the effects of marine pollution on the marine ecosystem and human health. Furthermore, it makes a comparative analysis between South Africa as developing country and Australia as a developed country in order to determine what South Africa could learn from Australia. The study makes recommendations on how marine pollution can be solved, mitigated or combatted.National Research Foundation (NRF
Gongqose v Minister of Agriculture, Forestry and Fisheries – A Tale of Customary Rituals and Practices in Marine Protected Areas
Get PDFThe correct application of customary law post constitutionalism continues to be the subject of much judicial and academic deliberation. This is especially true where the existence and/or scope of customary rights and cultural practices are not well defined in a specific case. Gongqose v Minister of Agriculture, Forestry and Fisheries 2018 5 SA 104 (SCA) presents a perfect example of the dissonance between the recognition of customary law by the Constitution of the Republic of South Africa, 1996 and the regulation of rights and cultural practices emanating from customary law. The case grapples with the meeting point of customary rights and customs and the need to preserve the environment. This intersection is considered in view of earth jurisprudence as an emerging legal thought topic in environmental law. On the whole, the decision of the SCA demonstrates encouraging signs of an appreciation of customary law as deserving of an equal place on the legal podium
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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