TAG: Law

Legal Backing For Environment

Legal backing

Naively, one may say, the laws of the land are there to protect us and our interests. This is true half the time, but there are times when people and communities feel that the law offers them limited or no protection at all. This may be said for laws which are silent on environmental issues, and such loopholes are abused by persons with a vested interest in doing so. When there is a contention between persons concerning a certain law, the court is tasked with the responsibility to interpret the law in question and give a verdict founded upon justice,… read more

Environment Not For Sale

Environmental law in Africa

Foreign investment can play a critical role in improving the economic conditions in developing countries. As a result, many African countries are keen to have foreign based companies invest and set up shop within their borders. Foreign investment is hardly free, in most cases foreign companies benefit in some or other way from operating in a foreign jurisdiction. They may benefit from a number of advantages including the natural resources such country has to offer, corporate tax rates, and from lax environmental laws. Where environmental laws are concerned, it may be that in the company’s country of origin there are… read more

Legal Loopholes

Legal loopholes

In contracts where two or more parties are from different jurisdictions, there usually is a choice of law stipulating which country’s laws will govern the contractual relationship. This practice is founded upon the widely recognised doctrine of party autonomy in contract law. National courts do not generally go against the wishes of the parties. There may however be instances where a court will not uphold a choice of law clause, a classic example being where the law as it applies to issues at hand is likely to yield results which are contrary to the policies of the country wherein the court… read more

Let’s Work Together To Make A Change

Science Law and the Environment

The law and science are two separate fields, mutually independent of the other, however often there are instances when the two fields must work together for a common greater good. Preservation and promotion of the environment is one such instance when scientific and legal efforts should work in concert to achieve a positive outcome. Science explains why and how certain environmental phenomena occur, it lends insight into the scientific processes that have led to the current climate and environmental crises that we face today. More than that, science is instrumental in offering a pool of potential solutions to the problems… read more

A Delicate Balance

A Delicate Balance

Environmental awareness and protectionist measures are at an all time high. Many countries in the developing world have set up a framework for sound regulation of the use and reliance on the environment. However, bad economic times pose challenges that have caused tension between human and environment survival. In these hard and trying times, many unscrupulous corporations are taking advantage of the challenges faced by developing countries. The dire need for job creation and foreign investment has opened the unfortunate opportunity for governments to be open to negotiations on investments that were otherwise not open for negotiation. In Swaziland, the… read more

Traditional Laws – Are They Still Relevant?

Traditional Laws

Legal pluralism is not uncommon in many countries which were once colonies of western powers. In an era where colonisation was the norm, colonial masters introduced new cultures, lifestyle, and laws to the lands in which they sought to have influence. Swaziland is no different from the many African countries with legal pluralism. There are so- called “western courts” where common law and statutory law is administered by state appointed judicial officers. Then there are traditional structures where Swazi customary law is administered by chiefs appointed by a complex Royal order which is beyond the scope of this article to… read more

Littering

Littering

The beauty of the natural environment can only be truly appreciated when human beings have a very limited impact on such environment. Well, at least in Swaziland this is the case. One of the most barbaric of ways that mankind destroys the aesthetic appeal of his environment is littering. Littering is a bad habit that is not about to be subside. It is not an uncommon sight to see a grown person eat a packet of chips only to discard the plastic packet on the ground. It is also just as rife to see people throw things such as bottles,… read more