A regulatory framework for the trans–boundary transportation of dangerous goods in Southern Africa : an environmental perspective

Abstract

The goal of this dissertation is to analyse the extent to which the South African legal framework governing the trans-boundary transportation of dangerous goods, provides for the regulation of environmental aspects in terms of dangerous goods transportation. The dissertation examines the role of regional and sub-regional laws in this regard in an effort to ascertain whether there is sufficient legal certainty and harmonisation of laws for environmental regulation. No specific law currently exists in South Africa regarding the regulation of dangerous goods transportation, rather the regulation of dangerous goods is effected by a multiplicity of laws. This state of affairs illustrates the difficulty that exists and may be associated with the enforcement of the regulation of dangerous goods transportation. Despite this, the multiple laws vividly elucidate the fact that there is a considerable degree of environmental protection vis-a-vis dangerous goods transportation premised on the fact that all environmental impacts could never be avoided or eliminated, but can be reduced to an extent.