Learning Unit 2:

Contextualising Environmental Law

07 August 2023
 This Lecture
Introduction

Sustainable development and the law

Sustainable development in the South

African context

Key concepts underpinning sustainable

development

Climate change

Conclusion
Introduction
 • New field of law: recognition of the need for sustainability
Introduction • Exploitation of natural resources for economic and social development
Sustainable Development and the Law
Sustainable • Explaining sustainability: development that meets the needs
development and of the present generation without compromising the ability
of future generations to meet their own needs”.
the law
Sustainable
development and the
law

• International context
• Non-binding (soft law)
instruments
• Binding legal instruments
✓ Treaties
✓ Customary international law
✓ Judicial decision
Sustainable Development in the South African Context
 South African
context
Sustainability

Governance • S24 Constitution

• NEMA
Key concepts underpinning sustainable development
Key concepts:
sustainable
development

• Intergenerational Equity
• Intragenerational Equity
• Precautionary Principle
• Preventative Principle
• “Polluter Pays” Principle
• Environmental Justice

Governance
Climate Change
 The nature of climate change

Climate change Climate change impacts and indicators

Key binding instruments

 Climate change:
The Paris Agreement
https://www.youtube.com/watch?v=s-jJIupxF_A
 Climate change:
The Paris Agreement…
5 years later
https://www.youtube.com/watch?v=LZN-RxIZReQ
 Climate change:
Global Warming and
climate change in 2023
https://www.youtube.com/watch?v=0liRCDxmTJU
Climate change:
The Paris
Agreement

Last Week Tonight (For your entertainment):

https://www.youtube.com/watch?v=5scez5dqtAc
Conclusion
Outcomes:

Define define “sustainable development”

Explain explain the pillars of sustainable development

Differentiate differentiate between binding and non-binding instruments and their roles in environmental law

Explain explain the concepts underpinning sustainable development

explain climate change, its impacts and the latest legal measures taken at both the international and the
Explain domestic level to curb it
Questions