Abstract
At the turn of the millennium, the landscape of Africa has been punctuated by intense weather conditions. With a disproportionate percentage of the continent’s population bearing the brunt of climate-induced heatwaves, deluges, and drought, it is expected that this phenomenon will spur regional climate litigation. The essay argues that although there is an evolution of climate cases submitted at the national level, this development has not evolved to the African regional human rights system. The lack of cases at the regional level beckons one to explore why (potential)victims are unable or unwilling to explore these mechanisms given their role in safeguarding human rights. The central concern of this essay is to tease out how climate litigation is likely to play out at the regional level, considering the tension between self-determination and duties to avert transnational harms such as climate change. It will be argued that the right to self-determination is not absolute and that the restrictions relating to territorial integrity involve a growing body of treaties that oblige African rulers to adopt strategies that avert threats to a generally satisfactory environment.
Recommended Citation
Nkrumah, Bright; Durojaye, Ebenezer; and Assim, Maria Usang
(2025)
"Earthjustice: The Role of the African Regional Human Rights System in Containing Climate Change,"
Journal of African Policy Studies: Vol. 31:
No.
1, Article 8.
Available at:
https://ecommons.udayton.edu/joaps/vol31/iss1/8
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