Abstract
Jacqueline Peel and Jolene Lin note that a “transnational understanding of the nature, significance and effects of climate litigation is incomplete if it fails to encompass the Global South experience.” This is especially important because the broader aim of climate litigation—namely, to provide redress to victims for climate harms—requires a collective global effort. Peel and Lin thus call for a broadening of our understanding of climate change litigation to include the experiences of the Global South. The term “Global South” has been used to refer to the collection of mostly developing countries with similar agendas that have often collaborated in environmental negotiations. These countries form a significant bloc in climate change negotiations. However, the experiences and views of many of the countries of the Global South differ in the way climate change matters are conceived and tackled. This essay demonstrates as much by examining climate change litigation in Ghana.
Highlights
Jacqueline Peel and Jolene Lin note that a “transnational understanding of the nature, significance and effects of climate litigation is incomplete if it fails to encompass the Global South experience.”[1]. This is especially important because the broader aim of climate litigation—namely, to provide redress to victims for climate harms—requires a collective global effort.[2]
Peel and Lin call for a broadening of our understanding of climate change litigation to include the experiences of the Global South
The term “Global South” has been used to refer to the collection of mostly developing countries with similar agendas that have often collaborated in environmental negotiations.[3]
Summary
Jacqueline Peel and Jolene Lin note that a “transnational understanding of the nature, significance and effects of climate litigation is incomplete if it fails to encompass the Global South experience.”[1]. This essay demonstrates as much by examining climate change litigation in Ghana. As a former colony of Britain, its legal system is closely framed on the British common law system, with differences centering on the written nature of its constitution. Ghana is a good example of the experience of similar Anglophone African countries from the common law tradition, such as Nigeria, Kenya, and The Gambia. It is a country that is yet to develop a body of climate litigation cases. For this reason, examining the available legal avenues and potential barriers within Ghana’s existing legal framework is important both for legal scholars and practitioners
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