Page 195 - UCT2012 Research Report

Basic HTML Version

193
Law in Context
of the contestants plays a vital role in resolving such
tensions and conflicts. Human dignity moreover has a
determining function when applying constitutionally
mandated restitutionary (compensatory) equality and
when determining what the legitimate extent and
duration of such restitution is. These issues are also
considered in a comparative constitutional context
Mineral Law: Principles and
Policies in Perspective
Mineral Law: Principles and Policies in Perspective
provides a unique look at the context of current
mineral law. It examines the system introduced by the
Mineral and Petroleum Resources Act 28 of 2002 by
juxtaposing it with preceding generations of mineral
law. It deals with the regulatory and proprietary
aspects of mineral law, the constitutionality of the
transitional provisions introducing the new mineral
law order, and its continuity with former generations
of mineral law.
The New Environmental
Governance
The New Environmental Governance
(NEG) explores
a bold and profoundly new way of governing
global environmental problems. It seeks to help
overcome the limitations associated with relying
on an interventionist state, and its market-based
approach to governance, and to offer more effective
and legitimate solutions to today's most pressing
environmental problems. As such, NEG emphasises a
host of alternative characteristics of governance that
integrate participation, collaboration, deliberation,
learning and adaptation, and “new” forms of
accountability.
Yet, while these unique features have generated
significant praise from legal and governance scholars,
there have been few systematic evaluations of NEG in
practice. Indeed it is still unclear whether NEG will in
fact “work” and, if so, when and how. This book offers
one of the most rigorous research investigations into
cutting-edge trends in environmental governance to
date. Focusing its inquiry on some of the most central,
controversial and/or under-researched characteristics of
NEG, the book offers fresh insights into the conditions
under which we can best achieve successful NEG.
The book synthesises its findings to identify seven
key pillars of “good” NEG, central to its success, that
will provide useful guidance for policymakers and
scholars seeking to apply new governance to a wide
range of environmental and non-environmental policy
contexts. The book also advances our understanding
of state governance and is a valuable reference for
scholars, researchers and students working in law
and regulation studies, especially those in the field
of environmental law.
Books Published
in 2012
Hanri Mostert
Cameron Holley, Neil Gunningham and Clifford
Shearing