CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ CLIMATE LITIGATION AND JUSTICE IN AFRICA Finally, in Part III, the authors attempt to illustrate the various approaches to climate justice, equity, and activism. The protection of climate victims in Nigeria is outlined through the lens of climate justice (distributional, procedural, and recognitional) by Ekhator and Okumagba. Using two case studies from the Nigerian Supreme Court, they analyse the potential of climate litigation against multinational corporations, which have historically had a significant presence in the Nigerian Delta region, to advance climate justice. Although Morocco has been very active in the field of environmental and climate regulation for a decade, no climate-related case has been brought before Moroccan courts. Fakhri and Lazrak Hassouni analyse the reasons for this, juxtaposing theoretical frameworks with the practical realisation of rights through certain procedural barriers and a lack of implementing legislation, and highlighting the importance of raising public awareness of climate responsibility. The final two chapters highlight critical issues around gender mainstreaming and intergenerational equity. In examining potential avenues for climate litigation in South Africa and Nigeria, Obani draws attention to the limited mobilization of women in climate action. She suggests reforms to procedural rules to improve access to legal aid for women, who are particularly vulnerable to the adverse impacts of climate change. Finally, Nkrumah situates the principle of intergenerational justice within the context of young and future generations in poor communities, tracing how it has been reflected in decisions by African courts. The book is not intended to serve as a comprehensive mapping of climate-related cases across African countries or as a foundation for a climate litigation database in Africa, as the editors themselves clearly state. Instead, it provides very valuable insights into how local contexts and unique conditions shape climate action, framing of climate cases and priorities across the continent. A better coordination between the cases analysed, particularly in relation to South African jurisprudence could, though, help prevent unnecessary overlaps. Many chapters build theoretical cases for climate litigation inspired by successful lawsuits from the Global North, envisioning the potential application of normative frameworks in relevant African jurisdictions, and the roles of courts and civil society. While acknowledging the difficulty of such exercise, some of the conclusions occasionally feel more aspirational than firmly grounded. The book’s effectiveness is somewhat limited by the lack of clear categories and criteria for evaluating the developments and progress in climate action in the African jurisdictions analysed. The volume does not address the participation of African countries in climate litigation at the international level – a topic that suggests a need for further research rather than a critique of the book. Although such cases may not have been anticipated at the time of writing, some African countries are increasingly engaging in international non-contentious resolution efforts. For example, several African nations have submitted written statements 9 in the advisory opinion procedure initiated before the International Tribunal for the Law of the Sea on 12 December 2022. 10 Requests for advisory opinions on climate change are also 9 See e.g., Observations submitted by the Democratic Republic of the Congo dated 13 June 2023; Written statement of the Republic of Mozambique dated 16 June 2023; or Written statement of the Republic of Djibouti dated 16 June 2023. Available at: < https://www.itlos.org/en/main/cases/list-of-cases/request-for-an advisory-opinion-submitted-by-the-commission-of-small-island-states-on-climate-change-and-international law-request-for-advisory-opinion-submitted-to-the-tribunal/>, accessed 10 November 2024. 10 In 2024, ITLOS issued a unanimous advisory opinion affirming that states parties have legal obligations under the United Nations Convention on the Law of the Sea to protect and preserve the marine environment.

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