| dc.description.abstract | This dissertation examines the Convention on the Liability of Operators of
Transport Terminals in International Trade Terminal Operators Convention
(hereafter the TOC) in light of South Africa's environmental law. Entrenched
in section 24 of the Constitution of the Republic of South Africa, 1996 and other
sectoral environmental legislation, are environmental rights and responsibilities,
that may govern a terminal operator's activities irrespective of other
international environmental obligations. This dissertation explains the role of a
terminal operator and illustrates how his activities pose potential adverse effects
the environment. Under South African law, a terminal operator who pollutes
the environment will under certain circumstances be liable for environmental
damage and loss. The dissertation focuses on interpreting article 5( 1) of the
TOC by using some South African modes of judicial interpretation. In
particular, it considers whether under the TOC, a terminal operator could be
liable for loss or damage to the environment. To facilitate this determination, a
comprehensive study of the principle of remoteness, and the role it plays in
determining the extent to which loss or damage can be covered, is made. The
dissertation postulates that the TOC would use similar principles to determine
the scope of damages it governs.
The dissertation notes the inadequacies of the TOC, the greatest being that it is
unlikely to cover environmental loss and damage. The author draws ideas from
the TOC and other international environmental instruments, and proposes that
South Africa should promulgate suitable legislation that imposes rigorous
liability on a terminal operator, for environmental pollution. | |
