Collaborative seminar hosted on 'Comparative Perspectives on Climate Litigation - Insights from Europe and Africa' (26 July 2023)

IMEL, in collaboration with the Environmental Law Association of South Africa (ELA), the Global Environmental Law Centre, UWC, Hasselt University, and DIOS Global Minds Research Project, SDG-Governance, hosted a seminar on 'Comparative Perspectives on Climate Litigation - Insights from Europe and Africa' on 26 July 2023. The seminar, attended by UCT students and staff, and members of the public, engaged with the role of courts in adjudication of disputes aimed at the protection of the climate system. A panel discussed how, in the adjudication of such disputes, courts are constrained to varying degrees by the separation of powers doctrine. Yet, they acknowledge that there is no universal doctrine of separation of powers. In different legal systems around the world, and depending on legal culture and other factors, courts are empowered to be more or less activist when it comes to advancing climate justice, depending on how the doctrine is conceived. In particular, South Africa's transformative Constitution affords courts a relatively activist role as guardians of the Bill of Rights. The seminar featured a keynote address from Matteo Fermeglia, Assistant Professor in International and European Environmental Law and Post-Doctoral Assistant at Hasselt University, Faculty of Law, titled 'Trias climatica? A comparative analysis of climate change litigation and separation of powers in Europe'. Next, a panel discussion offered comparative insights on climate litigation and the separation of powers. Finally, Prof. Anél Du Plessis, Chair in Urban Law and Sustainability Governance, Stellenbosch University introduced two new books containing important climate law scholarship: Transformative Environmental Constitutionalism, authored by Associate Professor at IMEL, Melanie Murcott, and Urban Climate Resilience, co-edited by Angela van der Berg, Director of the Global Environmental Law Centre, UWC.