African Conservation Biology (Environmental Science) | 24 August 2004
Climate Change Litigation and Environmental Law Enforcement in South Africa: A Scholarly Review
N, t, h, a, b, i, M, o, t, s, h, e, g, a
Abstract
Climate change litigation has emerged as a significant tool for addressing environmental issues in South Africa, alongside traditional regulatory mechanisms. A systematic literature review approach was employed to analyse case studies, legislative frameworks, and judicial decisions related to climate change litigation in South Africa. The analysis reveals a growing trend of climate change-related lawsuits filed against both governmental and non-governmental entities, with a notable increase in successful cases over the past decade. While climate change litigation has demonstrated potential as an effective tool for environmental enforcement, it is crucial to enhance its legal ecosystem through improved judicial training and harmonization of laws across different jurisdictions. The government should invest in fostering a robust legal framework that supports climate change litigation while ensuring fair access to justice for all stakeholders. Enhanced public education initiatives are also recommended to foster greater understanding of environmental issues. The empirical specification follows $Y=\beta_0+\beta^\top X+\varepsilon$, and inference is reported with uncertainty-aware statistical criteria.