Browsing Faculty of Law by Author "Scholtz, Werner"
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The African continent and the special situation/vulnerability principle in the climate change regime
Scholtz, Werner (VerLoren Van Themaat Centre, 2011)Although the impact of climate change is global, these consequences are not evenly distributed. The Intergovernmental Panel on Climate Change (IPCC) Fourth Assessment Working Group II Report makes it clear that Africa ... -
Common heritage: saving the environment for humankind or exploiting resources in the name of eco-imperialism?
Scholtz, Werner (IFCOL, 2008)Humankind is threatened by global environmental problems. Several scholars and states have therefore proposed the application of the 'common heritage of mankind' (CHM) principle to areas that fall within the territories ... -
Custodial sovereignty: reconciling sovereignty and global environmental challenges amongst the vestiges of colonialism
Scholtz, Werner (T.M.C. Asser Press, 2008) -
The day after no tomorrow? Persons displaced environmentally through climate change: AU law to the rescue?
Scholtz, Werner (VerLoren van Themaat Centre for Public Law Studies, 2010)The phenomenon of so-called 'environmental refugees' has received thorough consideration from scholars. The dire consequences of climate change in relation to migration patterns have placed the focus on 'environmental ... -
Different countries, one environment: A critical Southern discourse on the common but differentiated responsibilities principle
Scholtz, Werner (VerLoren van Themaat Centre for Public Law Studies (UNISA), 2008)To argue in this way is to ignore the world we live in. We do all live in one planet, and all are interconnected; all nations are in legal terms equal sovereign members of the UN with the same rights and duties. But this ... -
Has the Constitutional Court found the lost ball in the high weeds? The interpretation of section 231 of the South African Constitution' The Comparative and International Law Journal of Southern Africa (2009) 264-271
Ferreira, Gerrit; Scholtz, Werner (CILSA, 2009)A critical discussion of President of the Republic of South Africa and Others v Quagliani and Others case CCT 24/08 (CC)(unreported) decided on 21 January 2009 -
The interpretation of section 231 of the South African Constitution: a lost ball in the high weeds!
Ferreira, Gerrit M.; Scholtz, Werner (IFCOL, 2008)A critical discussion of Quagliani v President of the Republic of South Africa case 959/04 (TPD) (unreported); Van Rooyen / Brown v President of the Republic of South Africa case 28214/06 (TPD) (unreported) decided on 6 ... -
Northern NGOs, southern NGOs and international environmental law: The common interest of humankind is the interest of northern mankind!
Scholtz, Werner (VerLoren van Themaat Centre for Public Law Studies, 2008)States need to address global environmental problems that threaten humankind. Sovereign states, however, seem ill equipped to find solutions to counter global environmental degradation. It is in this regard important to ... -
The promotion of regional environmental security and Africa s common position on climate change
Scholtz, Werner (Centre for Human Rights, University of Pretoria, 2010)