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9 Potchefstroom Elec. L.J. 1 (2006)

handle is hein.journals/per2006 and id is 1 raw text is: AR PATERSON CLEARING A PATH TOWARDS EFFECTIVE ALIEN INVASIVE CONTROL: THE LEGAL CONUNDRUM AR Paterson* Bioinvasion is a deeply unsatisfying topic. It is messy, frustrating, depressing, and unpredictable: it does not lend itself to neat solution.1 I Introduction Alien invasive plants (AlPs) pose significant ecological, social and economic challenges for South Africa. These species threaten South Africa's rich biodiversity, deplete our scarce water resources, reduce the agricultural potential of land, cause soil erosion and intensify flooding and fires. According to recent estimations, over eight percent of land in South Africa has been invaded by AlPs2 and at current rates of expansion their impact could double in the next fifteen years.3 The significance of the threat posed by AlPs is recognised in a number of international4 and regional conventions.5 The South African government has BSocSci LLB (Cape Town) LLM Environmental Law (Cape Town). Senior Lecturer, Institute of Marine and Environmental Law, Faculty of Law, University of Cape Town. The article was last updated on 30 January 2006. 1 Bright Life Out of Bounds 2. 2 DEAT Environmental Impacts of Invading Alien Plants in South Africa 2. 3 Wynberg 2002 South African Journal of Science 236-237. 4 See the Convention on Biological Diversity which provides that each contracting party must prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species (a 8(h)). This provision is detailed in the Guiding Principles for the Implementation of Article 8(h) (Decision VI/23) which urge state parties to, amongst other things: create mechanisms to co-ordinate national programmes; review relevant policies, legislation institutions to identify gaps, inconsistencies and conflicts, and adjust or develop policies, legislation and institutions as appropriate; and enhance co- operation between various sectors (par 10(b)-(d)). See further the resolution on Invasive 1/56 PER 2006(l)