The realisation of constitutional environmental-related rights by private sector actors in South Africa
Abstract
The engagement and influence of actors in the private sphere is often highly contested
as these actors, through their operations, have the potential to contribute towards the
realisation and/or violation of human rights, particularly environmental-related human
rights. There has been ample evidence of corporations taking advantage of situations of
weak environmental regulation, such as can be seen within South Africa, and the
devastating effects thereof. Both international and domestic law has failed to articulate
the human rights obligations of corporations and to provide binding and mandatory
mechanisms for regulating corporate conduct in the field of human and environmentalrelated
rights. Traditionally, states are viewed as the only entities capable of bearing
legal rights and duties. Given the unprecedented level of globalisation and the ascent of
corporate economic power, there is an increasing realisation that states cannot be the
only bearers of such rights and duties. The development of mandatory forms of direct
corporate human rights responsibility is essential to ending such corporate impunity for
gross violations of human and environmental-related rights and advancing justice. This
study seeks to extend the discussion of corporate responsibility by addressing the basis
on which private sector actors, such as corporations, can be held responsible to
respect, protect, promote and fulfil environment-related rights, such as the rights
included in section 24 and 27 of the Constitution of the Republic of South Africa, 1996.
Collections
- Law [826]