Transformative Environmental Constitutionalism’s Response to the Setting Aside of South Africa’s Moratorium on Rhino Horn Trade

Bibliographic Data

ID20249441
AuthorsMelanie Murcott (0000-0001-8311-2195, University of Pretoria, corresponding author)
Year2017
Volume6
Issue4
Pages84
Publication date2017-11-07
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueHumanities (JOURNAL)
Journal identifiersISSN: 2076-0787 • E-ISSN: 2076-0787
PublisherMDPI AG (PUBLISHER • IT)
DOI10.3390/h6040084
OpenAlexW2767719415
LanguageEN
Citations received1
References cited14

South Africa’s rhino population is under threat of extinction due to poaching for purposes of illegal international trade of rhino horn. The South African government has thus far been unable to regulate rhino poaching effectively. One of the legal responses was to introduce a moratorium on local trade of rhino horn. However, in 2015 the High Court set aside the moratorium. Subsequent appeals against the High Court’s decision to the Supreme Court of Appeal and the Constitutional Court were dismissed without a hearing. The anthropocentric approach to the protection of biodiversity under South African environmental law is reflected upon in this article. It is argued that the High Court adopted an unapologetic and uncritical anthropocentric approach to the issues before it. A legal theory of transformative environmental constitutionalism is proposed as a means to infuse litigation about global environmental problems with substantive environmental considerations, such as precaution, prevention and equity. These principles could facilitate a more ecocentric orientation towards the application of environmental laws

Anthropocentrism · Aside · Constitutionalism · Democracy · Environmental law · Jurisdiction · Political science · Precautionary principle · Set-aside · Sociology · Supreme court · Environmental law and policy · Human Rights and Development · Law · Legal Issues in South Africa · Ecology

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