Exam (elaborations)

LCP4805 PORTFOLIO MEMO - MAY/JUNE 2022 - SEMESTER 1 - UNISA

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Course
LCP4805 - Environmental Law

Institution
University Of South Africa (Unisa)

LCP4805 PORTFOLIO MEMO - MAY/JUNE 2022 - SEMESTER 1 - UNISA - Guideline QUESTION 1 The backdrop leading to the conceptual notion of sustainable development is well captured by Tladi (2007: 1-2), when he observes that: “[t]he current state of the world is characterized by two undeniable fact...

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lcp4805 portfolio memo mayjune 2022 semester 1 unisa guideline question 1 the backdrop leading to the conceptual notion of sustainable development is well captured by tladi 2007 1 2

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QUESTION 1

The backdrop leading to the conceptual notion of sustainable development is well
captured by Tladi (2007: 1-2), when he observes that:

“[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”.

1.1 Quote the provision of the Constitution that captures the concept of sustainable
development. (2)

Sustainable development is recognised in the Bill of Rights (s 24(b) of the Constitution). In
terms of this section, the government must give effect to this right through reasonable
legislative and other measures. The Constitution also provides for cooperative
governance, which facilitates the implementation of sustainable development.

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Exam (elaborations)

LCP4805 PORTFOLIO MEMO - MAY/JUNE 2022 - SEMESTER 1 - UNISA

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