Browsing by Author "Kasker, Muhammad Sameer"

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    The art of counting fish: An analysis of the potential regulation of marine fisheries in areas beyond national jurisdiction
    (University of the Western Cape, 2022) Steyn, Jaco; Kasker, Muhammad Sameer
    The 1982 United Nations Convention on the Law of the Sea (1982 UNCLOS) is ineffective in ensuring the conservation and long-term sustainability of marine fisheries in Areas beyond national Jurisdiction (ABNJ). This is a result of the lacuna in Part VII of the 1982 UNCLOS containing the framework provisions governing the conservation and management of marine living resources in ABNJ. The lacuna relates to the fact that the 1982 UNCLOS fails to address the threats posed by high seas fisheries to the long-term sustainability of the marine environment and the marine biological diversity found therein. The lacuna has not gone unnoticed by the international community as international laws and policies have been developed to address the issues plaguing the fisheries regime in ABNJ.
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    Global environmental governance: is there a need for a global environmental organisation?
    (University of the Western Cape, 2014) Kasker, Muhammad Sameer; Scholtz, Werner
    In order to address the challenge of global environmental degradation and natural resource depletion, a complex and multi-layered environmental governance structure has materialised over the past few decades. There is widespread agreement that the current international environmental regime is too complex and inadequate to effectively address global environmental challenges. Thus, in order to control the threat of environmental degradation, many countries, authors, commentators and academics alike have opined that one centralised body be created for the effective control and governance of environmental matters on an international level. Governance is not the same as government. It includes the actions of the state and, in addition, encompasses actors such as communities, businesses, and Non-Governmental Organisations (hereafter referred to as NGOs). Within the context of the evolution of global environmental politics and policy, the end goal of global environmental governance is to improve the state of the environment and to eventually lead to the broader goal of sustainable development. The efficacy of global environmental governance will ultimately depend on implementation at global and domestic levels. National implementation is the ultimate key, both to the efficacy of the GEG system and to meaningful environmental improvements. In the following composition, I will critically analyse the concept of a Global Environmental Organisation (hereafter referred to as a GEO) and discuss whether the formation of such an establishment is indeed necessary to handle environmental matters on an international scale.
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    Global environmental governance: is there a need for a global environmental organisation?
    (University of the Western Cape, 2014) Kasker, Muhammad Sameer; Scholtz, Werner
    In order to address the challenge of global environmental degradation and natural resource depletion, a complex and multi-layered environmental governance structure has materialised over the past few decades. There is widespread agreement that the current international environmental regime is too complex and inadequate to effectively address global environmental challenges. Thus, in order to control the threat of environmental degradation, many countries, authors, commentators and academics alike have opined that one centralised body be created for the effective control and governance of environmental matters on an international level. Governance is not the same as government. It includes the actions of the state and, in addition, encompasses actors such as communities, businesses, and Non-Governmental Organisations (hereafter referred to as NGOs). Within the context of the evolution of global environmental politics and policy, the end goal of global environmental governance is to improve the state of the environment and to eventually lead to the broader goal of sustainable development. The efficacy of global environmental governance will ultimately depend on implementation at global and domestic levels. National implementation is the ultimate key, both to the efficacy of the GEG system and to meaningful environmental improvements. In the following composition, I will critically analyse the concept of a Global Environmental Organisation (hereafter referred to as a GEO) and discuss whether the formation of such an establishment is indeed necessary to handle environmental matters on an international scale.
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    Sustainable Development Goal 6: A watershed moment for ensuring sustainable freshwater development and management?
    (University of the Western Cape, 2018) Kasker, Muhammad Sameer; Scholtz, Werner
    Water is at the very core of sustainable development, critical for a thriving people, planet and prosperity. Water is regarded as a public good which is fundamental for health and life. Water is so important that it was debated as being a basic human right on many international platforms. Water access has plagued many parts of the world for a long period of time. In recent years, there have been increasingly urgent warnings of a global water crisis, as the human species consistently uses more water than is sustainably available. The international community tried to work towards overcoming these water-related issues by establishing the then Millennium Development Goals (hereafter referred to as MDGs), with MDG7.C focusing on access to safe drinking water. Even though MDG7.C was achieved in part, issues still remained regarding water access and quality. Sustainable Development Goal 6 (hereafter referred to as SDG 6) was then introduced and the scope of SDG6 is much wider than its predecessor, since the water access and scarcity problems are still prevalent today. The 2030 Agenda for Sustainable Development includes a dedicated goal on water and sanitation that sets out to ensure availability and sustainable management of water and sanitation for all. SDG6 expands the MDG focus on drinking water to now cover the entire water cycle, including the management of water, wastewater and ecosystem resources, with water at the very core of sustainable development. The goal has, in essence, extended to include a much broader spectrum of issues that need to be solved which, in essence, unravels even more challenges along the way. As a result, it is imperative to determine whether SDG6 can allow for actual sustainable development in terms of freshwater resources. Thus, this thesis will discuss the advent of the Sustainable Development Goals (hereafter referred to as SDGs), in particular SDG6, as well as analyse how SDG6 impacts on International Environmental Law, with particular emphasis on International Freshwater Law. The main aim of this research is to determine whether the creation and implementation of SDG6 can result in overall freshwater sustainability and whether this can result in the furtherance of sustainable development.