When one considers the legal instruments of the Antarctic System in their entirety one is forced to conclude that on the whole they have attained great success within the international community. To maintain this success the Antarctic System requires periodic amendments and constant adaptation to new realities. It is precisely in this context that the new Convention on the Regulation of Antarctic Mineral Resources Activities should be seen, in spite of the fact that it has provoked the sharpest criticism from the developing countries, who wish the negotiations to take place in an open and universal forum such as the United Nations.
In conclusion, one must applaud the many positive elements encorporated in the Draft Bill on Environment Conservation 1987. In some respects one may notice certain similarities with the NEPA of the USA, for example, a distinct national environment policy (the first of its kind) in clause 3, the provisions regarding environmental impact assessments or reports (EIA) in clauses 22, 23 and 26, and the promotion and appreciation of public participation in environmental affairs, for example in clauses 2,5,6, 13, 15, 17,22 and 26. Although the Bill does not make provision for judicial control by the civil courts, a possibility exits that an additional section will be included in the final Act to regulate some form of judicial review by the courts.
The aim of this paper is to discuss recent developments in Africa regarding the joint management of international non-maritime water resources. While it concentrates mainly on the structure and powers of existing organisations, Africa's most recent development, the Lesotho Highlands Water Project, is discussed in more detail. The following organisations are be dealt with - The Lake Chad Basin Commission (LCBC), established in 1964; - The Organisation for the Management and Development of the River Senegal (OMVS), established in 1972; - The Organisation for the Management and Development of the Kagera River Basin, established in 1977; - The Niger Basin Authority (NBA), established in 1987; and - The Structures for the Management of the Lesotho Highlands Water Project (LHWP), established in 1986. The Niger Basin Authority was established a year later than the Structures of the LHWP. The NBA is a product of years of development and is in effect just a revision of a similarly named authority established in 1980. The LHWP is a new development and will, for that reason, be dealt with last.
Eleven years after Bophuthatswana was proclaimed an independent and sovereign state by the South African parliament in 1977, international recognition of its independence remains elusive. According to Kahn the international community regards the 'so-called independence as a political sham'. Its independence was recently challenged in proceedings before Bophuthatswana's own Supreme Court. The Chief Justice, Mr Justice Stewart, articulated some judicial views on the issue when he praised the Supreme Court in a speech at the University of Bophuthatswana, broadcast on Bophuthatswana television and claimed that the newly launched Bophuthatswana Law Reports would provide tangible evidence of justice being done in Bophuthatswana, that the rule of law is upheld and that 'the Supreme Court is fearlessly ndependent'. 'That independence' he added, 'is one of the facts relied upon as proof of the independence of Bophuthatswana itself. The article refers to several court cases where inappropriate sentences were inappropriately severe or lenient. These cases could serve as proof of poor legal practices.
The Enforcement of Foreign Judgments Act 1988 will be repealing the Reciprocal Enforcement of Civil Judgments Act 1966 which never entered into force. It will, when it enters into force, apply to judgments given in any country outside the Republic which the Minister of Justice (no longer the State President) has designated for the purposes of the Act by notice in the Government Gazette. The minister may by subsequent notice in the Gazette withdraw any such designation whereupon the country referred to shall cease to be a designated country for the purposes of the Act. The new Act was necessitated by the new legal dispensation in the TBVC states. The previous Act, following the English statute in point, did not aim at better enforcement but rather at the protection of immigrants to South Africa from other countries in Africa. Furthermore the previous Act was deficient in that the procedure involving the use of diplomatic channels as prescribed in the 1966 Act should not be applied in the reciprocal enforcement of civil judgments between South Africa and the TBVC states; the registration of such civil judgements should be effected directly by the judgment creditor; all such judgments should be registered by the clerk of the court of the lower courts to save costs and ensure expedition; and a registered judgment should be executed as a judgment of the court at which it was registered.