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In recent years, climate litigation has become an important subject of global scholarly and policy interest. However, developments within the Global South, particularly in Africa, have been largely neglected.
This volume brings together an international team of contributors to provide a much-needed examination of climate litigation in Africa. The book outlines how climate litigation in Africa is distinct as well as pinpointing where it connects with the global conversation. Chapters engage with crucial themes such as human rights approaches to climate governance, corporate liability and the role of gender in climate litigation.
Spanning a range of approaches and jurisdictions, the book challenges universal concepts around climate and the role of activism (including litigation) in seeking to advance climate governance.
Зміст
1. Africa, Climate Justice and the Role of the Courts – Kim Bouwer, Uzuazo Etemire, Tracy-Lynn Field and Ademola Oluborode Jegede
Part 1: Legal Tools, Opportunities and Barriers
2. Towards a Risk-Thematic Approach for African Climate Litigation – Tracy-Lynn Field
3. State Duty to ‘Protect’ Rights and Legal Obstacles to Climate Litigation – Ademola Oluborode Jegede
4. Litigation against Coal-fired Power in South Africa: Lessons from and for global Climate Litigation to reduce Greenhouse Gas emissions – Nicole Loser
5. Climate Change Litigation in Civil Law African Countries: An Assessment of Barriers and Potentialities in Cameroon – Daniel Armel Owona Mbarga
Part 2: Rights-Based Approaches
6. The Prospects and Challenges of Litigating Climate Change Before the African Regional Human Rights Bodies – Elsabe Boshoff
7. Climate Change Displacement Litigation in Africa: A Human Rights and Refugee Law-Based Approach – Judge John Mativo
8. The Vulnerability of African Indigenous Peoples Meteorological Knowledge in the Climate Change Debate – Fiona Batt
9. Rights-Based Climate Change Litigation against Private Actors – Pia Rebelo
10. Different Roads to the Same Destination: Climate Change Litigation in South Africa and the Netherlands and the Role of Human Rights in the Mitigation of Climate Change – Sanita van Wyk
Part 3: Justice, Equity and Activism
11. Climate Change and Multinationals in Nigeria: A Case for Climate Justice – Eghosa O. Ekhator
12. Law and Climate Change in North African Countries: Morocco as a Case Study – Riyad Fakhri and Youness Lazrak Hassouni
13. Climate Litigation in South Africa and Nigeria: Legal Opportunities and Gender Perspectives – Pedi Obani
14. Future citizens: Intergenerational Equity in Climate Activism – Bright Nkrumah
Про автора
Kim Bouwer is Assistant Professor at the University of Durham.
Uzuazo Etemire is Associate Professor at the University of Port Harcourt.
Tracy-Lynn Field is Professor at the University of the Witwatersrand, and Claude Leon Chair in Earth Justice and Stewardship.
Ademola Oluborode Jegede is Professor at the University of Venda.
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