This chapter examines the evolution and development of environmental norms in the Southern Africa Development Community (SADC) region, to establish the existence of the right to a safe and healthy environment. SADC’s primary objective is to pursue trade liberalisation through regional economic integration. Like other regional economic communities in Africa, SADC operates a ‘flexible legal regime,’ which means it combines economic objectives with non-economic objectives such as social, political, and human rights objectives. Norms of environmental protection exist within this context. Existing literature on this subject appears to ignore this context even though it is this context that contributes to how these norms evolve and develop. Upon establishment, SADC included environmental norms as part of its constitutional ethos. Over time, SADC Member States have signed numerous legal instruments related to environmental protection. These legal instruments expand, adapt, and develop environmental norms framework in the SADC region. Ideas such as the New International Economic Order, regional needs, and global developments have been the driving forces behind the evolution and development of these norms. Against this backdrop, this chapter examines the SADC legal regime to track the development of environmental norms in the region and ultimately establish whether it protects the right to a safe and healthy environment. The chapter adopts the doctrinal approach. To account for the context and ideas that drive regional economic integration in this analysis, and address the gap in existing literature, the constructivist approach is adopted. Constructivist approaches assign causal power to ideas and norms and employ them to explain the political decisions and actions of actors. The nature of SADC as a flexible regime means that SADC is a norm-rich regime which makes the constructivist lens an appropriate tool for analysis.

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Towards the Right to a Safe and Healthy Environment in the SADC Region: Evolution, Adaptation, and Progress

  • Gosego Rockfall Lekgowe

摘要

This chapter examines the evolution and development of environmental norms in the Southern Africa Development Community (SADC) region, to establish the existence of the right to a safe and healthy environment. SADC’s primary objective is to pursue trade liberalisation through regional economic integration. Like other regional economic communities in Africa, SADC operates a ‘flexible legal regime,’ which means it combines economic objectives with non-economic objectives such as social, political, and human rights objectives. Norms of environmental protection exist within this context. Existing literature on this subject appears to ignore this context even though it is this context that contributes to how these norms evolve and develop. Upon establishment, SADC included environmental norms as part of its constitutional ethos. Over time, SADC Member States have signed numerous legal instruments related to environmental protection. These legal instruments expand, adapt, and develop environmental norms framework in the SADC region. Ideas such as the New International Economic Order, regional needs, and global developments have been the driving forces behind the evolution and development of these norms. Against this backdrop, this chapter examines the SADC legal regime to track the development of environmental norms in the region and ultimately establish whether it protects the right to a safe and healthy environment. The chapter adopts the doctrinal approach. To account for the context and ideas that drive regional economic integration in this analysis, and address the gap in existing literature, the constructivist approach is adopted. Constructivist approaches assign causal power to ideas and norms and employ them to explain the political decisions and actions of actors. The nature of SADC as a flexible regime means that SADC is a norm-rich regime which makes the constructivist lens an appropriate tool for analysis.