du Plessis, Anél --- "Local Agenda 21: A Rights-based Approach to Local Environmental Governance" [2011] ELECD 643; in Benidickson, Jamie; Boer, Ben; Benjamin, Herman Antonio; Morrow, Karen (eds), "Environmental Law and Sustainability after Rio" (Edward Elgar Publishing, 2011)

Book Title: Environmental Law and Sustainability after Rio

Editor(s): Benidickson, Jamie; Boer, Ben; Benjamin, Herman Antonio; Morrow, Karen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857932242

Section: Chapter 4

Section Title: Local Agenda 21: A Rights-based Approach to Local Environmental Governance

Author(s): du Plessis, Anél

Number of pages: 19

Extract:

4. Local Agenda 21: a rights-based
approach to local environmental
governance
Anél du Plessis*

1. INTRODUCTION

Chapter 28 of Agenda 21 is entitled `Local Authorities' Initiatives in support
of Agenda 21', 1 known as LA 21. It envisages that local authorities should
play a crucial role in fulfilling Agenda 21's objectives. 2 Unfortunately
however, LA 21 merely serves as an unenforceable international blueprint; its
successful implementation depends on strategies, plans, policies and
processes adopted by state parties and their municipalities. The fact that LA
21 is not legally enforceable means that, like many other international
policies and instruments, it may have very limited real-life impact at the level
of local communities all over the world. This is problematic at a time when
the achievement of sustainable environments for communities has become
increasingly important. 3
The Earth Summit in 1992 spawned the development of a good deal of
new environmental law. Various contemporary national constitutions and
international human rights instruments, for example, compel positive
environmental action on the part of national bodies because of the
introduction of enforceable environmental rights in legislation. Noticeably,
clear parallels exist between the obligations of states, as well as national
bodies, as expressed in Agenda 21, and the realisation and protection of
domestic environmental rights. Jurisprudence furthermore shows that the
type of positive action required of local authorities in terms of environmental
rights generally corresponds with the action envisaged by LA 21. 4
This chapter proposes that the use of a rights- ...