Paterson, Alexander --- "Contractual Tools for Implementing the CBD in South Africa" [2011] ELECD 658; 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 19

Section Title: Contractual Tools for Implementing the CBD in South Africa

Author(s): Paterson, Alexander

Number of pages: 26

Extract:

19. Contractual tools for implementing
the CBD in South Africa
Alexander Paterson

1. INTRODUCTION
South Africa, in common with fellow parties to the Convention on Biological
Diversity, 1 has been grappling with designing a new legal regime to comply
with its core international obligations as set out in the Convention's
objectives. Those objectives are to conserve biological diversity, provide for
the sustainable use of its components and ensure the fair and equitable
sharing of the benefits derived from such use (Art. 1). This process
culminated in the National Environmental Management: Biodiversity Act
2004 (hereafter Biodiversity Act). This Act regulates a broad range of issues
such as biodiversity planning, threatened and protected ecosystems and
species, alien invasive species, bio-prospecting, access and benefit-sharing.
In addition, the National Environmental Management: Protected Areas Act
2003 (hereafter Protected Areas Act) prescribes the country's new protected
areas regime. Cumulatively, they encompass South Africa's attempt to give
domestic effect to the Convention on Biological Diversity.
These laws are a clear acknowledgement that the Government cannot
alone halt the rapid demise of the nation's biodiversity. The public, including
individuals, community associations, non-profit institutions and legal entities
engaged in public benefit activities, are recognised as indispensable allies in
this process. Subsumed within the broad principle of public participation are
two further principles: the need to move away from the traditional
exclusionary approach to conservation to a contemporary human-centred
approach that recognises that one cannot divorce people from conservation
and protection from ...