Regulation, control and prevention of marine pollution in South Africa : a comparative analysis between national and international legal frameworks

Abstract

This thesis, “Regulation, control and prevention of marine pollution in South Africa: A Comparative analysis between national and international legal framework” focuses on the existing laws, conventions, treaties and policies on the control and prevention of marine pollution. Various laws have been enacted in South Africa to prevent and control marine pollution. However, marine pollution continues to increase at a rapid rate. This study aims to establish a basic approach that is aimed at combating marine pollution through examining the regulation, prevention and control of marine pollution in South Africa, with a specific focus on the comparative analysis of national and international framework. To this end, a comparison is made between South Africa and other jurisdictions in Africa, Europe, Asia and Latin America. The reason for employing a comparative approach is to learn best practices and finding solutions to the problem of marine pollution. Thus, the international legal framework, regional framework and operations of intergovernmental bodies and non-governmental bodies on the effort of combatting marine pollution were analysed. The objectives of this study were to examine how marine pollution is prevented through the existing legal framework; to identify the reason for the increasing rate of marine pollution despite the existing legal framework promulgated to curb marine pollution; to determine the effectiveness of the newly created IMOrg, juxtaposing it with similar organisations in other jurisdictions and to propose amendments to legislation that prevent and control marine pollution to ensure effective protection of the marine environment. This study was guided by questions such as the following: Do the existing legal frameworks adequately protect and control marine pollution? What is the reason for the increase in marine pollution despite the existing legal framework regulating marine pollution? How effective is the IMOrg in ensuring that South Africa address marine pollution? Is there a need to promulgate more effective legislation preventing and controlling marine pollution? x The study adopted a non-empirical qualitative research design that does not include data collection, questionnaire, systematic data analysis, observations and/or interviews. The study relied on the library materials that include but are not limited to textbooks, reports, legislations, regulations, charters, policies, amendments to the legislation, journals or academic journals, government gazette, constitution, national and international journals. From the materials consulted, the study revealed the existence of a relationship between the national and international legal framework. However, such an existing relationship is not good enough to effectively prevent the marine environment from harm. This is because a plethora of national legislations that regulate the marine environment comprise less stringent measures to deter future contravention. The study recommends amendments to legislations that regulate marine pollution to impose penalties that have a deterrent value on parties. The study advises against the repealing of these legislations.