Climate change litigation in the African system

Surprising few cases directly related to climate change have been litigated in African tribunals given the vulnerability of the 55 member states of the African Union to climatic harms. A majority of the litigation has focused upon environmental issues with climate-related aspects. Capacity constraints limit the potential for climate litigation, but cases are likely to increase as climate breakdown intensifies. This chapter analyses the cases that have been brought, including the landmark actio popularis brought by SERAC in 2001 on the right to a healthy environment in the African Charter on Human and Peoples’ Rights. It considers directions for future litigation and draws conclusions about how this can be facilitated