Environmental Governance, Hollow Environmentalism, and Adjudication in South Africa
In this paper my thought experiment leads me to posit that South Africa's environmental governance often results in what I term "hollow environmentalism". This term describes the inevitable long-term outcome of promulgating laws and policies that are idealistic and seem symbolic and...
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| Format: | Article |
| Language: | Afrikaans |
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North-West University
2023-11-01
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| Series: | Potchefstroom Electronic Law Journal |
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| Online Access: | https://perjournal.co.za/article/view/16884 |
| _version_ | 1827673568751648768 |
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| author | Caiphas Brewsters Soyapi |
| author_facet | Caiphas Brewsters Soyapi |
| author_sort | Caiphas Brewsters Soyapi |
| collection | DOAJ |
| description |
In this paper my thought experiment leads me to posit that South Africa's environmental governance often results in what I term "hollow environmentalism". This term describes the inevitable long-term outcome of promulgating laws and policies that are idealistic and seem symbolic and that at times fail to achieve their intended objectives or environmental promise. On a narrower scale, hollow environmentalism can also manifest when such symbolic environmental laws and policies lead to judicial decisions that lack substantive ecological justifications, perhaps even resembling symbolic judgments. I substantiate this argument through four key considerations. I commence with a reality check on environmental governance, emphasising that the state is not a neutral actor, necessitating closer scrutiny of state decisions. This leads me to the conclusion that governance stands at a critical juncture. I argue that the symbolic nature of our environmental laws, broadly speaking, often makes it challenging for the state to fully meet the lofty ideals it presents, thereby also complicating court decisions in these matters. Next, I align my thoughts with recent literature on adjudication in the context of the climate crisis. This literature stresses the need for courts to be bold and innovative in their judicial roles, given the precarious nature of stabilising environmental disputes. In the penultimate section I bring the discussion to a close by suggesting two interconnected possibilities to address hollowness in the face of climate change: "sunsetting" and "substitution".
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| first_indexed | 2024-03-10T04:26:35Z |
| format | Article |
| id | doaj.art-34693e85ef98446082b41956cb46694e |
| institution | Directory Open Access Journal |
| issn | 1727-3781 |
| language | Afrikaans |
| last_indexed | 2024-03-10T04:26:35Z |
| publishDate | 2023-11-01 |
| publisher | North-West University |
| record_format | Article |
| series | Potchefstroom Electronic Law Journal |
| spelling | doaj.art-34693e85ef98446082b41956cb46694e2023-11-23T06:41:14ZafrNorth-West UniversityPotchefstroom Electronic Law Journal1727-37812023-11-012610.17159/1727-3781/2023/v26i0a16884Environmental Governance, Hollow Environmentalism, and Adjudication in South AfricaCaiphas Brewsters Soyapi0North-West University In this paper my thought experiment leads me to posit that South Africa's environmental governance often results in what I term "hollow environmentalism". This term describes the inevitable long-term outcome of promulgating laws and policies that are idealistic and seem symbolic and that at times fail to achieve their intended objectives or environmental promise. On a narrower scale, hollow environmentalism can also manifest when such symbolic environmental laws and policies lead to judicial decisions that lack substantive ecological justifications, perhaps even resembling symbolic judgments. I substantiate this argument through four key considerations. I commence with a reality check on environmental governance, emphasising that the state is not a neutral actor, necessitating closer scrutiny of state decisions. This leads me to the conclusion that governance stands at a critical juncture. I argue that the symbolic nature of our environmental laws, broadly speaking, often makes it challenging for the state to fully meet the lofty ideals it presents, thereby also complicating court decisions in these matters. Next, I align my thoughts with recent literature on adjudication in the context of the climate crisis. This literature stresses the need for courts to be bold and innovative in their judicial roles, given the precarious nature of stabilising environmental disputes. In the penultimate section I bring the discussion to a close by suggesting two interconnected possibilities to address hollowness in the face of climate change: "sunsetting" and "substitution". https://perjournal.co.za/article/view/16884environmental governancehollow environmentalismadjudicationsustainabilityclimate changesymbolic laws |
| spellingShingle | Caiphas Brewsters Soyapi Environmental Governance, Hollow Environmentalism, and Adjudication in South Africa Potchefstroom Electronic Law Journal environmental governance hollow environmentalism adjudication sustainability climate change symbolic laws |
| title | Environmental Governance, Hollow Environmentalism, and Adjudication in South Africa |
| title_full | Environmental Governance, Hollow Environmentalism, and Adjudication in South Africa |
| title_fullStr | Environmental Governance, Hollow Environmentalism, and Adjudication in South Africa |
| title_full_unstemmed | Environmental Governance, Hollow Environmentalism, and Adjudication in South Africa |
| title_short | Environmental Governance, Hollow Environmentalism, and Adjudication in South Africa |
| title_sort | environmental governance hollow environmentalism and adjudication in south africa |
| topic | environmental governance hollow environmentalism adjudication sustainability climate change symbolic laws |
| url | https://perjournal.co.za/article/view/16884 |
| work_keys_str_mv | AT caiphasbrewsterssoyapi environmentalgovernancehollowenvironmentalismandadjudicationinsouthafrica |