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The EU has taken influence on the administrative laws of the Member States by introducing elements of public information, participation of stakeholders and private enforcement, and environmental law was the frontrunner of this development. The same tendency can be observed at the international level, culminating in the adoption of the Århus Convention in 1998. This has created tensions with traditional administrative law systems that have strongly relied on public authorities to produce the correct outcome whilst severely restricting private participation and private access to justice. The Trianel case, dealing with the protection of habitats against a coal power plant, demonstrates the need for fundamental adjustment of German administrative law, and it may lead to subsequent changes of the modalities of administrative procedural law in order to really allow the private enforcement of the public interest (authors’ headnote).
To address global sustainability issues, legal frameworks increasingly build upon private governance contributions such as private standardization and/or private certification. This is particularly true for ship recycling under the Hong Kong Convention and its European implementation, the Ship Recycling Regulation. After a brief introduction into the old public law approach as compared with the new public-private governance structure, the article offers a critical in-depth analysis of the effectiveness of the new governance structure based upon private certification. It thereby draws from research in, and experience with, traditional ship classification as well as other certification systems in European Union law. The article concludes that, despite laudable elements, the governance structure of the Ship Recycling Regulation has some important gaps and does not remedy the classical conflicts of interest of certification organizations. Among others, it should be complemented with a liability regime.
ment or the use of resources. This includes the introduction of special mechanisms to particularly include marginalized groups of society. This article analyses the potential of the new legislation in order to bring about environmental justice. The focus lies on the fundamental rights of the South African constitution of 1996, on recent environmental legislation, and also on recent development in procedural law, which has been identified as being of utmost importance for the pursuance of environmental justice. The analysis also includes the application of the new law by the courts, in particular by the Constitutional Court. The article illustrates that both the legislative development and the attitude of the courts are promising but also critiques the process where it seems to be still insufficient or too slow. B. The South African Background When one assesses environmental injustice and its sources in South Africa, particular factors are to be taken into account. Environmental injustice was, to a great extent, caused by the combination of the Apartheid system with some of the common law rules of the South African legal order. Looking at the presence and into the future, the prospects of remedying past injustice might be more promising than elsewhere since the previously disadvantaged parts of the population are now represented by a democratically elected regime that has the political will to address and remedy past injustice. I. Apartheid and Environmental Injustice South Africa's history 4 was marked by the denial of fundamental rights and freedoms to the great majority of the population. Political rights such as the right to vote were reduced to political irrelevance for the non-white population or even denied at all to the black population that partially also lost their citizenship. None of South Africa's former constitutions contained an equality clause. 5 The Apartheid system 6 was institutionalised by statutes and regulations which sought to classify all South Africans and to control their lives, thereby advancing the interests of the white community and marginalizing the great majority of the 4 Beginning in 1910 when the four crown colonies of Cape Province, Natal, Transvaal and Oranje Free State joined together with a common constitution and founded the "Union of South Africa".
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