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- Title
The Biowatch Case: Major Advance in South African Law of Costs and Access to Environmental Justice.
- Authors
Humby, Tracy
- Abstract
In South Africa, the law of costs states that costs are a matter of judicial discretion, but as a general approach costs follow the result. In South Africa, as in the UK, these rules are regarded as the single most significant barrier to access to environmental justice. In a recent case involving an environmental non-governmental organisation, the Constitutional Court of South Africa has affirmed a new approach to the issue of costs in constitutional litigation which is aimed at facilitating, rather than chilling, litigation of this nature.
- Subjects
SOUTH Africa; ENVIRONMENTAL law; TRANSGENIC organisms -- Law &; legislation; TRANSGENIC organisms industry; BIOTECHNOLOGY industry laws; ENVIRONMENTAL justice; MONSANTO Co.; ACTIONS &; defenses (Law)
- Publication
Journal of Environmental Law, 2010, Vol 22, Issue 1, p125
- ISSN
0952-8873
- Publication type
Article
- DOI
10.1093/jel/eqp033