LCP4805 PORTFOLIO MEMO SEPTEMBER 2021 UNISA (DETAILED ANSWERS) DISTINCTION GUARANTEED

DETAILED ANSWERS DISTINCTION GUARANTEED QUESTION 1 On the 31 of October 2021,world leaders will assemble in Glasgow, United Kingdom for the 26th Conference of Parties (COP26) of the United Nations Framework Convention on Climate Change (UNFCCC). Among the goals for COP26 is for the global community to “work together to enable and encourage countries affected by climate change to protect and restore ecosystems and build defences, warning systems and resilient infrastructure and agriculture to avoid loss of homes, livelihoods and even lives” 1.1 Identify and discuss the main responses to tackling the impacts of climate change. (10) 1.2 What was the nature and implications of the ruling in South Africa’s first climate change case? (10) [20] QUESTION 2 2.1 Indicate how the purpose of the National Environmental Management Act 107 of 1998 (NEMA) makes provision for cooperative environmental governance and provide three examples where cooperation between the spheres of government is provided. (16) 2.2 An environment impact assessment (EIA) is considered to be a principle that guides and shapes international environmental law. Briefly discuss under what circumstances an EIA may be required . (4) [20] QUESTION 3 Scholars have submitted that the NEMA creates the legal framework and gives effect to section 24 of the Constitution. Fully discuss what is meant by “legal framework” or framework legislation? [20] QUESTION 4 The backdrop leading to the conceptual notion of sustainable development is well captured by Tladi (2007: 1-2), when he observes that: Page 5 of 7 “[t]he current state of the world is characterized by two undeniable facts. First, there is ongoing and massive environmental degradation. The global environmental problems attracting the attention of the world include, but are not limited to, the depletion of the ozone layer, high rates of destruction of the earth’s biodiversity, including fauna and flora, and increased emission of anthropogenic greenhouse gases which threaten to destabilise the earth’s climate system. Second, there is a development gap between the North [Developed States] and the South [Developing States]. While the developed North is wealthy, the developing South is characterized by widespread poverty and underdevelopment. [...]. The gap between rich and poor continues to increase. This is true not only for the gap between rich and poor countries, but also for the gap between rich and poor people within these countries. What is more, the current environmental and developmental crises are not unrelated. The link between environmental degradation, on the one hand, and development and the lack of development, on the other, is well established. [...]. The process of industrialization is not the only link between development concerns and environmental degradation. Poverty, a result of underdevelopment, is itself a major cause of environmental degradation. Poor people destroy their immediate environment in order to survive. This over exploitation of their natural resources for short-term survival can only be countered through the upliftment of the world’s poor to standards that accord with humanity”. 4.1 With reference to the 1987 World Commission on Environment and Development (WCED or “Brundland Commission”) and the South African Constitution, generally discuss the concept of sustainable development. (15) Page 6 of 7 4.2 With reference to the Brundland Commission’s report, the Constitution and the framework legislation on the environment in South Africa; how has the concept of sustainable development permeated South Africa’s legislative landscape? © UNISA 2021 Page 7 of 7 (25) [40] TOTAL: {100}