The incorporation of the Hazardous and Noxious Substances Convention in South African law

Abstract

The objective of this dissertation is to determine whether the current South African legal framework is conducive for the implementation of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea of 1996. This dissertation examines the role of international law, and specifically the role of international environmental law, in the South African legal framework. The content of the Convention itself is examined, as well as various South African acts and regulations dealing with incidents regarding hazardous and noxious substances. The South African legal framework regarding HNS is fragmented, requiring the legal advisor to consult various documents in order to determine the legal standpoint. These acts and regulations contradict each other and do not promote legal certainty. Thus the current legal framework is not conducive for the implementation of the Convention.