Abstract
It is universally accepted that renewable energy is an important contributing factor towards the promotion of sustainable development. The implementation of renewable energy needs to be regulated in an effective manner which in turn necessitates the formulation of law and policy geared towards sustainable development. Recent policy developments in South Africa propose to facilitate the promotion of sustainable development through the implementation of renewable energy, among others. In terms of existing energy policy in South-Africa, the interconnectivity of renewable energy and sustainable development is evident. Most notably, the White Paper on Renewable Energy of 2003 promotes increased access to affordable renewable energy in order to contribute to sustainable development. Moreover, the 2008 first review of the National Energy Efficiency Strategy of the Republic of South-Africa of 2005 states that in order for the country’s renewable energy policy to be considered sustainable, it needs to facilitate development in the social, economic and environmental spheres. Notwithstanding, attaining the goal of sustainable development depends on whether all its effecting principles are catered for in the policy developments. Accordingly, in order to ascertain whether South-African law and policy can successfully facilitate/enable sustainable development via the implementation of renewable energy, a specific methodology is proposed. In terms of the New Delhi Declaration of 2002 there are 7 principles of international law effecting sustainable development. These principles will be used as criteria in a principled assessment of South-African renewable energy law and policy in order to establish whether the goal of promoting sustainable development would be effected through the national policy developments.
Highlights
Modern renewable energy1 is widely considered as being a basic ingredient for the promotion of sustainable development as the advantages connected with its implementation include, among others: the diversification of energy markets; securing long-term sustainable energy supplies; reducing atmospheric emissions; and enhancing the security of supply due to a reduction in imports
The correlation between the advantages connected with the implementation of renewable energy and the promotion of sustainable development is universally recognised
Various South African regulatory measures draw the link between increasing access to affordable renewable energy and development in the social, economic and environmental spheres, in other words – sustainable development
Summary
Modern renewable energy is widely considered as being a basic ingredient for the promotion of sustainable development as the advantages connected with its implementation include, among others: the diversification of energy markets; securing long-term sustainable energy supplies; reducing atmospheric emissions; and enhancing the security of supply due to a reduction in imports. Taking these advantages into consideration it is surprising that renewable energy accounts for only 9% of South-Africa’s total primary energy supply3 - the bulk of which is derived from the unsustainable harvesting and burning of traditional sources of biomass.. It becomes apparent that in order to mitigate the negative effects of the traditional use of biomass as the primary energy source in South Africa, the focus must fall on promoting the implementation of modern renewable energy This process of implementation needs to be regulated, which in turn necessitates the formulation of effective law and policy focused on sustainable development. The New Delhi principles will be used as the basis against which to test existing South-African renewable energy law and policy in order to establish if it gives effect to the objective of the promotion of sustainable development. This will be followed by an analysis of specific South African renewable energy law and policy documents as well as the national sustainable development framework and strategy. 16 Goepel M ′′Formulating Future Just Policies: Applying the Delhi Sustainable Law Principles′′ 2010 Sustainability 2 1695. 210 / 569
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