Die bevordering van volhoubare ontwikkeling in die Suider-Afrikaanse ontwikkelingsgemeenskap : 'n regsvergelykende ondersoek

Abstract

Sustainable development is a recognised concept of the international environmental law. The goal of sustainable development is inter alia the eradication of poverty and the integration of environmental concerns with economic development and socioeconomic policy. The concept of sustainable development functions as an ideal of the international environmental law and is furthered by the concretisation of certain environmental principles to binding rules and substantive duties. The Southern African Development Community (SADC) is a regional organization wishing to improve the living conditions of the citizens of SADC and to promote sustainable development. SADC consists of certain organs with the mandate of inter alia formulating environmental legislation. The SADC promotes sustainable development through the formulation of environmental protocols. Two of the environmental protocols are studied to determine to what extent the principles of sustainable development are being incorporated and concretized in said protocols. The European Union (EU) is also a regional organization wishing to promote sustainable development. The EU consists of structures which operate efficiently in order to formulate a wide range of environmental legislation. In the EU sustainable development is promoted through the concretisation of the principles of sustainable development in secondary legislation. In this study SADC and the EU is compared in terms of structure and environmental legislation in order to determine whether SADC can perhaps learn some lessons from the EU in these regards. The possibility of legal harmonisation through the use of environmental directives in SADC is studied as a means of promoting sustainable development. Finally some recommendations are made to SADC.