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Environmental & Sustainability Studies (ESS) 122 Lecture 1 THE NATURE, SCOPE & HISTORY OF ENVIRONMENTAL LAW Prof

Environmental & Sustainability Studies (ESS) 122 Lecture 1 THE NATURE, SCOPE & HISTORY OF ENVIRONMENTAL LAW Prof TP van Reenen Faculty of Law. The Meaning of ‘Environment’. Legal Definition of the ‘ENVIRONMENT’ Environment Conservation Act (ECA) 1989: s. 1 (Bio-centric)

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Environmental & Sustainability Studies (ESS) 122 Lecture 1 THE NATURE, SCOPE & HISTORY OF ENVIRONMENTAL LAW Prof

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  1. Environmental & Sustainability Studies (ESS) 122Lecture 1THE NATURE, SCOPE & HISTORY OFENVIRONMENTAL LAWProf TP van ReenenFaculty of Law

  2. The Meaning of ‘Environment’ • Legal Definition of the ‘ENVIRONMENT’ • Environment Conservation Act (ECA) 1989: s. 1 (Bio-centric) • National Environmental Management Act (NEMA) 1998: s. 1 (Anthropocentric)

  3. Scope of Environmental Law • Land-use planning and development • Resource conservation and utilization • Waste management and pollution control • Types of Environmental Legislation

  4. Sources of Environmental Law • International Law • Common Law • The Constitution • Statutory Law • Custom

  5. Distinctive Principles of Environmental Law • Introduction • Polluter Pays Principle • Precautionary Principle • Other Principles • Preventive Principle • Subsidiarity Principle

  6. Important Concepts & Doctrines • Introduction • Duty of Care to Avoid Harm to the Environment • Life Cycle Responsibility • Sustainable Development (SD) • Triple Bottom Line

  7. Important Concepts & Doctrines • Human Right to a ‘Decent’ Environment • Legal Standing (locus standi) • Environmental Justice • Intra-generational equity • Intergenerational Equity • Public Trust Doctrine (PTD)

  8. History of Environmental Law • 1960s-1970s: Dawning of the ‘Age of Environmental Law’

  9. Reasons for Environmental Law • Utilitarian reasons • Intrinsic value of nature & natural environment

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