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Jan Glazewski

Jan Glazewski is a professor of law in the Institute. He was Special Advisor to the former Minster of Environmental Affairs & Tourism, Mr Mohammed Valli Moosa in 2003/4. In the early 1990s he was involved in the inclusion of environmental right in both the Namibian and South African Constitutions. His book Environmental Law in South Africa (Butterworths LexisNexis 2005) was awarded the UCT book award and he is currently completing the third edition. His current research interests include climate change law, energy law and environmental law. His recent publications and reports are in the area of climate change liability, climate change and planning law, and carbon capture and storage.

Jan retired in December 2018, but remains associated to the Institute as an Emeritus Professor and continues to supervise PhD students.

MAIN PUBLICATIONS

Books

  • Environmental law in South Africa, (2nd Ed) Lexis NexisButterworths, Durban 2005(740pp)
  • Environmental law in South Africa, Butterworths, Durban 2000 (909pp);
  • Environmental Justice and the Legal Process (Editor with G Bradfield) Juta & and Co 1999.

Chapters in Books

  • (with Debbie Collier) South Africa Chapter 15 in  Climate Change Liability: Transnational Law and Practice,  R Lord, S Goldberg, L Rajamani, J Brunee (ed)  Cambridge University Press 2012
  • (with Debbie Collier) Climate Change and Possible Legal Liability: Implications for the City of  Town,  Chapter 8  in  Climate Change at the City Scale: impacts, mitigation and adaptation, A Cartwright, S Parnell, G Oelofse, S Ward (eds)  Earthscan Books 2012
  • Towards a Climate Resilient and Low Carbon City of Cape Town Chapter 9  in  Climate Change at the City Scale: impacts, mitigation and adaptation, A Cartwright, S Parnell, G Oelofse, S Ward (eds)  Earthscan Books 2012, Earthscan Books 2012

·With Francois Du Bois, “The Environment and the Bill of Rights” in  Bill of Rights Compendium, Section 2 Public Law, Part B, Butterworths, 2B1-2B93  (Issue 27, 2010)

·With Bernice McLean “Marine Systems” Chapter 14 in Fuggle and Rabie’s Environmental Management in South Africa (2nd Ed) HA Strydon and ND King (eds) Juts & Co Cape Town 2009

·Introduction to chapter The Principles and Practise of Environmental Law Chapter 7 in Cowen on Law: Selected Essays  (Susannah Cowen Ed) Juta & Co 2008

·“Environment Rights ” chapter 19  in Cheadle, Davis and Haysom, South African Constitutional Law, p 19-1, Butterworths, 2005.

  • with Francois Du Bois, “The Environment and the Bill of Rights” in  Bill of Rights Compendium, Section 2 Public Law, Part B, Butterworths, 2B1-2B89  (Issue 5, 2004)
  • “Environment” chapter 19 in Cheadle, Davis and Haysom, South African Constitutional Law, p409 Butterworths, 2002 .
  • With Francois Du Bois, “The Bill of Rights and the Environment” in  Bill of Rights Compendium, Section 2 Public Law, Part B, Butterworths, 2B1-2B100 (1997)
  • The Rule of Law: Opportunities for Environmental Justice in the New Democratic Legal Order, chapter 7 in Environmental Justice in South Africa, ed. David A McDonald.  Ohio University Press (Athens), University of Cape Town Press (Cape Town) 2002.
  • Environmental Rights and the New South African Constitution, in Human Rights Approaches to Environmental Protection, Anderson & Boyle (Eds), OUP, (1996) 177-197.
  • Co-author of the following three chapters in  Fuggle and Rabie Environmental Management in South Africa (1993):
  • “The Coastal Zone” (with A Heydorn & B Glavovic).
  • “Off-shore Mining” (with J Gurney & M Kirkley).
  •      “Marine Systems” (with J Field)

ARTICLES

  • South Africa Country Report 2009 (20) Yearbook of International Environmental Law  668-687 OUP
  • South Africa Country Report 2008 (19) Yearbook of International Environmental Law  604-613 OUP
  • With O Rumble, A Rose is a Rose but is an 'Acacia' an 'Acacia'? Global Administrative Law in Action 2009 Acta Juridica 381
  •  South Africa and the Southern Polar region: A reflection on the past, the present and future prospects 20 (2009)Yearbook of International Environmental Law 88-121
  • With R Paschke Ex post facto authorisation in South African environmental assessment legislation: a critical review   2006(1) Potchefstroom Electronic Law Journal (ISSN 1727-3781) 1- 26
  • With M.Haward Towards Integrated Coastal Area Management: A Case Study in cooperative governance in South Africa and Australia, 20 (2005) International Journal of Marine & Coastal Law, 143
  • “Environmental Law” Ch 14  in 2007 Annual Survey of South African Law Juta  393-427
  • “Environmental Law” Ch 14  in 2006 Annual Survey of South African Law Juta  427-453
  • (with Emma Witbooi) “Environmental Law” Ch 14  in 2005 Annual Survey of South African Law Juta  416-442
  • (with Emma Witbooi) “Environmental Law” Ch 14  in 2004 Annual Survey of South African Law Juta  397-422
  • (with Emma Witbooi) “Environmental Law” Ch 14  in 2003 Annual Survey of South African Law Juta, 458 .
  • (with Emma Witbooi) “Environmental Law” Ch 14  in 2002 Annual Survey of South African Law Juta, 550.
  • (With Emma Witbooi), ‘The Impact of Environmental Legislation on the Property Lawyer’ in Butterworths Property Law Digest.Vol.5, Part 1, Feb 2001, 3-9.
  • South Africa Country Report, (1993) 4 Yearbook of International Environmental Law 455-488 OUP through to , (2006) 17 Yearbook of International Environmental Law  687-696 OUP (13 Volumes)
  • Environmental Justice and the new South African democratic legal order, Acta Juridica (1999)1.
  • With G Kamseb, The Protection of Wilderness in Namibian Law, In Proceedings of the Wilderness Management Symposium, Waterberg Plateau Park, Namibia, June 1996, p183-188.
  • With Francois Du Bois, “The Bill of Rights and the Environment” in  Bill of Rights Compendium, Section 2 Public Law, Part B, Butterworths, 2B1-2B100 (1997)
  • Towards a Coastal Zone Management Act for South Africa (1997) 4(1) South African Journal of Environmental Law and Policy 2-22.
  • The Environment and the new Interim Constitution, (1994) 1(1) South African Journal of Environmental Law and Policy  3-16.
  • An overview of international law and the South African law relevant to plutonium shipments (1994) 49(2) Transactions of the Royal Society of South Africa 237-246.
  • Environmental provisions in a new South African Bill of Rights (1993) 37(2) Journal of African Law 177-184.
  • Regulating transboundary movement of hazardous waste:international developments and implications for South Africa (1993) 26(2) Comparative and International Law Journal of Southern Africa
  • Legal issues surrounding the use of driftnets: a South African perspective (with P Vrancken) (1993) 8(1) SA Public Law 21-35.
  • The Situation of Waste Management and Pollution Control in South Africa.  Legal aspects report  to the Department of Environment Affairs by the CSIR Programme for the Environment, Pretoria. Report CPE 1/91, 417pp (1991).
  • Current and future directions in SA environmental law (1991) Strategic Review for Southern Africa 13 (1) 12-35.
  • The Regulation of Whaling in International and South African Law (1990/91) 16  South African Yearbook of International Law 61-80.                                  
  • The Evolution of Public Policy with Regard to the Environment: a legal perspective over the last fifty years' with MA Rabie SA Journal of Science Vol 86 (7-10) July - October 1990, 413-419.
  • Planning and legal responses to sea level rise in South Africa with MR Sowman, SA Journal of Science Vol 86 (7-10) July - October 1990, 294-298.
  • The Environment, Human Rights and a New South African Constitution, (1991) 7(2) South African Journal for Human Rights 167-184.
  • The evolution of public policy with regard to the environment: a legal perspective over the last fifty years (with MA Rabie) 1990 (Jul-Oct) (86[7-10]) SA Journal of Science 413-419.
  • African Wildlife : Legal Column "Conservation  and the Law" during 1989.
  • "The Kruger Park Conference and the Environment Conservation Bill" Vol 43(1) 13.
  • "Acid Rain - Cloudy Law" Vol 43 (2) 81.
  • "Coastal Zone Mining Law" Vol 43 (3) 123.
  • "Atmospheric Pollution and the Ozone Layer: plugging holes in International Law" Vol 43 (4) 174.
  • The Admiralty Reserve - An Historical Anachronism or  Bonus for Conservation in the Coastal Zone? 1986 Acta Juridica 193.

 

TECHNICAL  REPORTS AND CONSULTANCIES

  • 2010 Consultant to ASCLME as Country Legal Expert
  • 2008Employed by Ecoafrica CC 2008 to assist in legal component of coastal zone White Paper for Namibia
  • 2005 to 2009 Consulted by UNEP/UNDP/WIOLaB as country legal expert exert and regional governance. Produced:
  • Glazewski J.I, 2006. National Report on the Status of Ratification of International Conventions relevant to Land based Sources and Activities Management in South Africa. Unpublished Report submitted to UNEP/WIO-LaB Project/Nairobi Convention, Nairobi, Kenya, 46 pp.
  • Glazewski J.I, Governance Analysis, Chapter 5 in UNEP/GEF WIO-LaB Technical Report Series 1 on Transboundary Diagnostic Analysis (TDA): Land Based Activities and Sources of Pollution degrading the Coastal and Marine Environment of the Western and Indian Ocean, 2009 pp 212-263.
  • Glazewski J.I, South Africa, section 2.1.7 in UNEP/GEF WIO-LaB Technical Report Series 5 on Review of the Policy, Legal, Regulatory and Institutional Frameworks for Land based Sources and Activities Management in the Western Indian Ocean Region, 2009 pp 26-35.
  • Glazewski J.I, South Africa, section 2.2.7 in UNEP/GEF WIO-LaB Technical Series Report 6 on Regional Review of the Status of Ratification of International Conventions related to Land based Sources and Activities Management in the Western Indian Ocean Region, 2009, p 22.
  • Employed as a consultant during 2006 in the Benguela Current Large Marine Ecosystem (BCLME) region to assist as a national legal expert in providing the legal background on the relevant international marine pollution law particularly oil spills in the region as well as South African domestic law aspects
  • (assisted by Emma Witbooi) Recommendations for the implementation of International Ballast Water Guidelines into South African Law  Final Report: A co-operative initiative of the Global Environmental Facility, UNDP and the International Maritime Organisation, November 2001
  • Report to Chairman of the Board of the NBI on Research and Licence Licence Agreement between the National Botanical Institute and the Ball Horticultural Company, July 2001, www.uct.ac.za/depts/pbl/imel/pbl514f.htm
  • (Grant holder: Jan Glazewski, Research Assistant Emma Witbooi) Biodiversity and the law: legal issues arising from the implementation of the Convention on Biological Diversity into South African law, National Research Foundation (15/1/3/160261),  March 2001.
  • (with M Sowman) Institutional and Legislative Context and Capacity for Formulating and Implementing the Coastal Management Policy, in White Paper for Sustainable Coastal Development in South Africa, Department of Environment Affairs and Tourism Coastal Mangment Policy Programme, April 2000
  • (with Dr M Sowman) Review of Legislative and Institutional Arrangements for Coastal Policy in South Africa, Coastal Management Policy Programme, 1998.
  • Implications of the new Water Policy: problems and solutions. Proceedings of Conference held in Cape Town November 1998, Royal Society  of South Africa website: http://www.uct.ac.za/org/rssa/conferen/frstpg.htm.

 

CONFERENCE PROCEEDINGS, GUEST LECTURES AND OTHER PUBLISHED PAPERS

  • The Environmental Right, towards distinctive principles of South African Environmental Law, Ten Years of Democracy Celebration, Stellenbosch 2004
  • South Africa’s Participation in the UNEP Regional Seas Conventions: the Abidjan and Nairbi treaties, Acutalities and Possibilities
  • The legal regime preserving and protecting the maritime cultural heritage since the advent of democracy in South Africa: a case study of Table Bay, British Institute in Eastern Africa, British Musuem and Zanzibar Department of Archives, Museums and Antiquities, Maritime Heritage Conference, Zanzibar July 2006-12-12
  • The Environmental Right in South Africa’s democratic Constitution: towards sustainable development, progress and possibilities  Commonwelath law Confernce 2005             
  • Towards Integrated Coastal Area Management: A case study in co-operative governance in South Africa and Australia, in Conference Proceedings: Piecing together the Legislative Jigsaw, Queensland Environmental Law Association, Annual Conference, Sunshine Coast, Australia, May 2002.
  • The Implementation of the Convention on Biodiversity in South Africa: Problems and Possibilities.

Paper presented at Network for Sustainable Develepoment (NESDA) Conference, Nairobi, April 2001.

  • Poverty, Law and the Environment.  Paper presented at World Summit Roundtable, DEA&T July 2001.
  • (with Emma Dingle), ‘Treasure Oil Spill – Legal lessons learnt.  Paper presented at the Treasure Oil Conference on Wildlife Issues.  Article can be found on the website:

http://www.capenature.org.za/what_is_new/treasure/proceedings.html.

  • (with S. Posnik) “International Standards and Expectations: Review of  International Developments” The South African Institute of Mining and Metallurgy Colloquium: National Environmental Management Act - Implications for The Mining and Metallurgical Industry: Mintek, November 1999.
  • “The National Environmental Management Act (107 of 1998) opportunities and constraints” in Conference Proceedings, Impact Assessment as related to poverty and development issues in southern Africa – what do we know and need to know? IAIAsa’99, Bloemfontein.
  • Guest Lecturer Robben Island Training Programme - Heritage Management and Collections Management, February 1998.
  • SANCOR Seminar “The New Marine Living Resources Act 18 of 1998 - a slippery fish?” at  SFRI, July 1998.
  • “Air pollution control: developments in the new democratic South Africa”, NACA (National Association for Clean Air) 1997 Annual Conference, Iscor Club, Vanderbijlpark,  November 1997.
  • Conference of the Society of University Teachers of Law, University of the North, Pietersburg, July 1997 “Latest Developments in South African Environmental Law”.
  • The development of environmental assessment legislation in Namibia, South African Chapter of IAIA, Cape Town, 1996.
  • Legal and Administrative Aspects, Food and Allied Workers Union - Fishing Conference, 28-30 January 1994, Cape Town.
  • Environmental Rights, Lecture Series on Comparative Human Rights Law, The Centre for Human Rights, University of Pretoria, September 1993
  • Constitutional Developments and Implications for Marine and Coastal Law'. 8th Southern African Marine Science Symposium `Marine Science for a Sustainable Future',  Club Mykonos, Langebaan, October 1993.
  • Environmental Provisions in a new South African Bill of Rights. Conference on Human Rights Approaches to Environmental Protection in the Commonwealth and Beyond. Commonwealth Institute and School of Oriental and African Studies, University of London, May 1993.
  • Hazardous Waste Law, AIC Conference on Hazardous Waste Management, Johannesburg, March 1993.
  • New Directions in South African Environmental Law, Integrated Environmental Management Conference, International Executive Communications, Johannesburg, February 1993.
  • Environmental provisions in a new South African Constitution Environmental Law Conference, University of the Witwatersrand 1991.
  • An overview of South African Environmental Law, Association of Legal Advisors of South Africa, Johannesburg 1991.
  • The Environment, Human Rights and a New South African Constitution
  • Man and the Environment Workshop (Co-operative Programme for Human Needs, Resources and the Environment) Human Science Research Council,         Kruger National Park 1990.
  • The Environment, Human Rights and a New South African Constitution
  • Lawyers for Human Rights,  Maccauvlei 1990.
  • The Evolution of Public Policy with regard to the Environment. International Geosphere Biosphere Programme, UCT 1989.
  • International Whaling Law, Extra Mural Studies and Adult Education, UCT 1988.    
  • Compensating landowners for environmentally motivated restrictions on land-use 

Environmental Law Conference, Kruger National Park 1988.

  • Building a new South Africa: Environment, Reconstruction and Development Vol 4, IDRC (1995) 220pp, `Environmental law: recommendations’ and `Legislative framework and environmental law’.

 

BOOK REVIEWS

  • Principles of International Environmental Law: Frameworks, Standards and Implementation by Philippe Sands, (1996) South African Law Journal 377-383.
  • Environmental Laws of South Africa by PGW Henderson, (1997) 13(1) SAJHR 161-163.

 

EDITORIAL Activities

  • Editorial Board, Ocean and Coastal Management since January 2005
  • General Editor Acta Juridica, 2004 to present
  • Editorial Board, Journal of Environmental Law, OUP, UK, since January 2002.
  • South African Reporter Yearbook of International Environmental Law, OUP, UK from 1993 to present
  • Editor The South African Journal of Environmental Law and Policy .

 

CONSULTING AND OPINION WORK

  • Carbon Capture and Storage: Towards a Legal and Regulatory Regime for South Africa (With A Gilder and E Swanepoel) 2012
  • Marine pollution law notes for and teaching on International Oceans Institute (local capacity building courses) July 2000; April 2005; March 2009.
  • Legal and Institutional input into White Paper on a Sustainable Coastal Policy for South Africa, July 2000 (with Dr M Sowman).
  • Legal review of harbour pollution laws and administration for Cape Metropolitan Council, 1999.
  • Legal opinion on environmental liability for private waste management consultant, 1999.
  • Legal review of environmental laws applicable to proposed gas processing plant at Oranjemund, 1999.
  • Participation in the formulation of a statutory board for the Eastern Cape Province, Department of Nature Conservation, 1998/1999.
  • Legal opinion on the situation regarding penguins at Boulders Beach in Simonstown, 1998.
  • Legal aspects of Integrated Pollution Control and Waste Management Policy, 1997, (White Paper on Integrated Pollution and Waste Management for South Africa: A policy on Pollution Prevention, Waste Minimisation, Impact Control and Remediation.  N/1686 of 1998 in Government Gazette no 19161 dated 19 August 1998).
  • Legal opinion for Rossing on “International law and domestic legislation relating to transportation of dangerous goods (uranium ore) by sea”, 1998.
  • Co-consultant with Dr Merle Sowman on Coastal Management Policy Programme - Legal and Institutional Specialist Study 1998; contribution to Coastal Policy Green and White Papers.
  • Legal aspects of Integrated Pollution Control and Waste Management Policy, 1997.
  • Legal aspects concerning the coastal zone of the proposed Table Mountain Park, 1997.
  • Granted special leave from UCT (1995 & 1996) and seconded to the Ministry of Environment and Tourism in Namibia managing an on-going project to review and revise Namibia’s environmental laws
  • Comments on draft bill on Environment Conservation, Department of Environment Affairs 1989.
  • With DJ Devine - Marine Law and Environmental Law: Considerations relating to Mossgas Oil Refinery Project, UCT November 1994.

 

ATTENDANCE AND/OR PAPERS PRESENTED AT INTERNATIONAL CONFERENCES

  • The Environmental Right in South Africa’s democratic Constitution: towards sustainable development, progress and possibilities, 50th Commonwealth Law Association Congress, London, September 2005
  •  Parliamentarian Forum on Energy Legislation and Sustainable Development,   Parliament of South Africa, Cape Town, October 2005
  • J Glazewski,  The legal regime preserving and protecting the maritime cultural heritage since the advent of democracy in South Africa: a case study of Table Bay, British Institute in Eastern Africa, British Musuem and Zanzibar Department of Archives, Museums and Antiquities, Maritime Heritage Conference, Zanzibar July 2006
  • 25th Annual Conference of the International Association for Impact Assessment, Boston USA, May 2005, Papers: (a) The environmental right in South Africa democratic Constitution Law:  towards sustainable development; progress and possibilities  (b) (with Susie Brownlie) An overview of the certification system  for environmental assessment practitioners (EAPs) in South Africa
  • Two African Regional Seas Conventions: the Abidjan and Nairobi treaties: Actualities and Possibilities, Marine Specialist Group, Commission for Environmental Law, World Conservation Congress, Bangkok, 2003
  • Recommendations for the implementation of International Ballast Water Guidelines into South African Law (with Emma Witbooi) Final Report: presented at the 1st International Workshop on the Legal Aspects of Ballast Water Management and Control, November 15/16 2001, World Maritme University, Malmo, Sweden.
  • International Trade and Environmental Responsibility, London, September 1998.
  • Environmental law reform - the Namibian experience. Paper presented at National Workshop on Environmental Law Reforms in Zimbabwe - The Way Forward, March 1996, Harare, Zimbabwe.
  • Human rights Approaches to Environmental Protection in the Commonwealth and Beyond. Organised jointly by the Commonwealth Institute, London and the School of Oriental and African Studies, London University, May 1993.
  • Environmental Law Conference, UNCED Preparatory Conference, Rio de Janeiro, Brazil, 1991.

 

LOCAL CONFERENCES, WORKSHOPS PARTICIPANT

  • Paper: ‘Distinctive and Effective Principles of Environmental Law’, Conference: Progressive Realisation of Ten Years of Democracy Celebration, June 2004.
  • The Legal Framework for Renewable Energy in South Africa
  • Training video: Sustainable development and litigation, Judges Training Course, Pretoria, January 2004. 
  • Lecture (with Emma Witbooi), IOI (International Ocean Institute) Marine Pollution Control component in Workshop on Train-Sea-Coast programme, Benguela Upwelling Systems, including course notes, December 2001.
  • Lecture on Environmental Law on Natural Resource Management course, PLAAS (Programme for Land and Agrairan Studies), UWC, September 2000.
  • Workshop on Legal Measures and Endangered Species, May 1999.
  • Co-Convenor of Conference on Environmental Justice and the Legal System in conjunction with Zada Lipman of Macquarie University, Sydney, Australia, held at UCT, Cape Town, April 1998
  • With DJ Devine, Pollution control law: South Africa Marine and Coastal Waters, Workshop, Centre for Marine Studies, University of  Cape Town, November 1997.
  • With Francois Du Bois, IAIA, Update in Environmental Law, Kwamaritane, September 1997.
  • Environmental Conflict Resolution, De Hoop Nature Reserve, August 1997.
  • National Forestry Action Programme, Forest Legislation Working Group, Workshop on Trends in International Resource Law, Pooks Hill Guest House, Midrand, April 1997.
  • Workshop on Programme for Land and Agrarian Studies (UWC): Natural Resource Management: ways forward for South Africa.  ‘The role of legislation in NRM’ , report on a course presented on behalf of LAPC, Houw Hoek Inn, Grabouw, February 1997.
  • LAPC, Legal Issues Paper: Biodiversity, Braamfontein, January 1997.

 

INTERNATIONAL AND NATIONAL COMMITEES

  • Chair Antarctic Gateway Project, Cape Town 2005 to 2008
  • Member of the Board of the International Ocean Institute – Southern Africa branch
  • Member of IUCN Environmental Law Commission
  • Member of the Board of the National Botanical Institute, 1999 to 2004.
  • Member of NESDA: NAEL (Network of African Environmental Lawyers)