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Climate Litigation and Justice in Africa
作者
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出版日期
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2024/01/25
閱讀格式
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EPUB
ISBN
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9781529228960
EPDF and EPUB available Open Access under CC-BY-NC-ND licence. 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.
- Cover
- Series Page
- Title Page
- Copyright Page
- Table of Contents
- Series Editors’ Preface
- List of Tables
- Notes on Contributors
- Acknowledgements
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1 Africa, Climate Justice and the Role of the Courts
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Structure of book and contributions
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Themes and reflections
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Part I: Legal Tools, Opportunities and Barriers
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2 Towards a Risk-Thematic Approach for African Climate Litigation
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Introduction
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The use and limitations of a climate visibility approach to scoping climate litigation
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Towards a risk-thematic approach
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Applying a risk-thematic approach to African case law
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Drought litigation in South Africa
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Conclusion
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3 State Duty to ‘Protect’ Rights and Legal Obstacles to Climate Litigation
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Introduction
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State duty to ‘protect’ rights and climate litigation
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Legal frameworks in Nigeria: a hurdle or catalyst to climate litigation
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Enhancing the state’s duty to ‘protect’ – the way forward
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Conclusion
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4 Litigation Against Coal-fired Power in South Africa: Lessons from and for Global Climate Litigation to Reduce Greenhouse Gas Emissions
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Introduction
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South African context
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South Africa’s legal mechanisms
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South Africa’s coal litigation
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Key insights from the coal power cases in South Africa
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Challenges of lengthy litigation in the context of urgent climate and health crises
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Cases need not expressly mention climate change, to have climate-based outcomes
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Opportunities in relying on government’s own policies and direct legal obligations
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Conclusion
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5 Climate Change Litigation in Civil Law African Countries: An Assessment of Barriers and Potentialities in Cameroon
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Introduction
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Cameroonian law and restricted access to justice
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Civil society actions for environmental and climate justice in Cameroon
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The possibilities of developing climate litigation in Cameroon
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Conclusion
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Part II Rights-Based Approaches
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6 The Prospects and Challenges of Litigating Climate Change Before African Regional Human Rights Bodies
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Introduction
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African human rights norms and climate change
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Substantive human rights protection and climate litigation
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Jurisdiction and admissibility before African human rights bodies
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Conclusion
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7 Climate Change Displacement Litigation in Africa: A Human Rights and Refugee Law-Based Approach
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Introduction
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Climate change and displacement
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African regional legal frameworks on refugee and displacement
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Other law and policy
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Climate change displacement litigation: a human rights and refugee law approach
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Features of the 1969 OAU Convention in litigating climate change displacement
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Conclusion
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8 The Vulnerability of African Indigenous Peoples’ Traditional Meteorological Knowledge in the Climate Change Debate
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Introduction
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Conclusion
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9 Rights-Based Climate Change Litigation Against Private Actors
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Introduction
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The influence of a rights-based approach on private climate change litigation
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The horizontal application of rights in an African context
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Corporate responsibility and the horizontal application of rights
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Conclusion
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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
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Introduction
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Comparative methodology
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Climate change litigation in the Netherlands and the Urgenda decision
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Climate change litigation in South Africa
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Conclusion: different roads to the same destination
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Part III Justice, Equity and Activism
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11 Climate Change and Multinationals in Nigeria: A Case for Climate Justice
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Introduction
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Multinationals and climate change
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Overview of climate justice
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Climate litigation to promote climate justice
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Climate change litigation in Nigeria
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Gbemre case
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Centre for Oil Pollution Watch case
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Conclusion
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12 Law and Climate Change in North African Countries: Morocco as a Case Study
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Introduction
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Legal texts on climate change
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Institutions charged to react to the impact of climate change
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Challenges preventing the development of climate litigation in Morocco
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Conclusion
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13 Climate Litigation in South Africa and Nigeria: Legal Opportunities and Gender Perspectives
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Introduction
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Conceptualizing legal opportunity structures
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Analysis of legal opportunity structures for climate litigation in South Africa and Nigeria
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Broader implications for women and LOS for climate litigation
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Conclusion
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14 Future Citizens: Intergenerational Equity in Climate Activism
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Introduction
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What is intergenerational equity?
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Intergenerational equity and human rights to a safe environment
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Intergenerational equity in jurisprudence
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Challenges to intergenerational equity in litigation
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Conclusion
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- Index
- 出版地 ： 英國
- 語言 ： 英文
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