Book Review: Environmental Law

• Jurisdiction: South Africa
• Author: Loretta A Feris
• Pages: 363-364
• Citation: (2009) 20 Stell LR 363
• Published date: 16 August 2019
• Date: 16 August 2019

Environmental Law by Michael kidd. Juta & Co Ltd Cape Town 2008.

287 pp. ISBN 9780702176814. Price R280.00 (soft cover)

This publication was initially intended to serve as the second edit ion of

Environmental L aw: a So uth African Guide. However, mindf ul of the speed

at which environmental law evolves, the author decided instead to rename the

book so as to reect the vast changes in the eld since the publication of the

rst book in 1997. The 1997 publication  lled a large void a s very little h ad

been written about environmental law at the time. The 2008 publication is

equally welcome as envi ronmental law has greatly evolved, but legal w riting

in this area fails to keep up with the pace of t hat evolution. Unfort unately,

this work does not reect the true state of envir onmental law at the time of its

publication and only reects the law as of 31 December 2006.

The book has bee n divided into nine chapters. Chapte r 1 provides an over-

view of envi ronmental law and addresses matters such as the scope, history

and rat ionale behind envi ronmental law. Acknowledging the prominence of

environmental principles in environmental law, the chapter also addresses

these, but only pays detailed att ention to t hose principles on wh ich gene ral

agreement exists , ie “the polluter pays” principle and the p recautionary prin-

ciple. Other principles are merely listed .

Chapter 2 de als with environmental frame work leg islation and pr o-

vides an overview of the National Environmenta l Management Act 107 of

1998 (NEM A). It also situates environmental law within the context of the

Constitution of the Republic of South Africa, 1996 (“the Constitution”) and

addresses the envi ronmental right and related rights, as well const itutional

environmental govern ance.

A chapter on inter national environmental law is included. W hilst it cannot

do justice to this expansive eld, it provides the context within which South

African environmental law is located and explains the st atus of this eld of

law within South Afr ica.

The next few chapters address d ifferent substantive environ mental topics.

Chapter 4 deals with the topical issue of water m anagement. It provides a

synopsis of the transition to a new water management regime and focuses

REVIEWS / RESENSIES 363

(2009) 20 Stell LR 363

© Juta and Company (Pty) Ltd