Comparative Insights on Climate Litigation

On 26 July the Environmental Law Association of South Africa (ELA) and Institute for Marine and Environmental Law, UCT, in collaboration with the Global Environmental Law Centre, UWC, Hasselt University, and DIOS Global Minds Research Project, SDG-Governance, hosted its first in-person seminar of 2023 at the Oliver Tambo Moot Court, 5th Floor Kramer Law School, Middle Campus, UCT. The theme was ‘Comparative Perspectives on Climate Litigation – Insights from Europe and Africa’, and explored  the following issues:

Courts around the world are increasingly engaged with disputes aimed at the protection of the climate system. In the adjudication of such disputes, courts are constrained to varying degrees, by the separation of powers doctrine. Yet 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.

Our panel of experts (Dr Matteo Fermeglia, Dr Angela van der Berg (Director of Global Environmental Law Centre and UWC Associate Professor), Dr Melanie Jean Murcott (UCT Associate Professor and ELA Chairperson), and Allan Basajjasubi (Legal Programme Officer, Natural Justice) discussed how courts are responding to climate change in various jurisdictions with particular reference to the influence of the separation of powers doctrine. The seminar also featured a keynote address from Dr 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”. Lastly, Prof. Anél Du Plessis, Chair in Urban Law and Sustainability Governance, Stellenbosch University introduced two new books containing important climate law scholarship.

The seminar was well attended by colleagues and students who held an interest in environmental law and climate litigation.  Engagement between participants and the presenters was encouraged through the facilitation of questions from the floor and the closing refreshments session enabled participants to network with one another.

Panelists from left to right: Dr Matteo Fermeglia, Dr Angela van der Berg, Allan Basajjassubi, and Dr Melanie Murcott, as well as panel chair Kate Handley.


Panel chair Kate Handley (former ELA Exco member and Executive Director of the Biodiversity Law Centre)

The programme was as follows:

17h00 to 17h05

Welcome and introduction of keynote speaker 

Kate Handley, Executive Director, Biodiversity Law Centre, ELA Executive Committee Member 

17h05 to 17h30

Keynote

Trias climatica? A comparative analysis of climate change litigation and separation of powers in Europe”

Dr Matteo Fermeglia (Assistant Professor in International and European Environmental Law and Post-Doctoral Assistant at Hasselt University, Faculty of law)

Matteo Fermeglia is an Assistant Professor in International and European Environmental Law and Post-Doctoral Assistant at Hasselt University, Faculty of law, where he teaches European Environmental Law and European Climate & Energy Law. His main research interest lies in the interplay between international investment law and the climate change legal regime. In 2017, he was visiting scholar at Columbia Law School, where he collaborated with the Sabin Center for Climate Change Law and the Columbia Centre for Sustainable Investments. He regularly (co-) authors internationally peer-reviewed journal articles in the field of environmental and climate law, and was awarded the Raúl Estrada-Oyuela Award for Emerging Scholars in Climate Law in 2017 by Lexxion publishers. 

Dr Matteo Fermeglia giving his keynote address

17h30 to 18h00

Panel discussion chaired by Kate Handley, “Comparative Insights on Climate Litigation” on the extent to which courts are permitted by the separation of powers doctrine to intervene in climate law and policymaking. 

  • Matteo Fermeglia, Assistant Professor, Hasselt University
  • Allan Basajjasubi, Programme Officer, Defending Rights, Natural Justice
  • Melanie Murcott, Associate Professor, Institute of Marine and Environmental Law; Vice Chairperson, ELA
  • Angela van der Berg, Director, Global Environmental Law Centre; Associate Professor, UWC; Western Cape Sub-Committee, ELA

Allan Bassajjasubi (Natural Justice) and attendees of the seminar

18h00 to 18h15

Questions from the floor

18h15 to 18h30

Celebrating new climate law scholarship: An introduction to Transformative Environmental Constitutionalism (2022), Melanie Murcott and Urban Climate Resilience (2022) Angela van der Berg and Jonathan Verschuuren (eds)

Anél Du Plessis, Chair in Urban Law and Sustainability Governance, Stellenbosch University 

 

 

 

 

 

 

18h30 to 18h45

A word from the author of Transformative Environmental Constitutionalism, Melanie Murcott, and from the co-editor of Urban Climate Resilience, Angela van der Berg, and questions from the floor

18h45

Closing, followed by refreshments.

We thank everyone who attended!

Date
26 Jul 2023

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Time
5:00 pm - 7:30 pm

On 26 July the Environmental Law Association of South Africa (ELA) and Institute for Marine and Environmental Law, UCT, in collaboration with the Global Environmental Law Centre, UWC, Hasselt University, and DIOS Global Minds Research Project, SDG-Governance, hosted its first in-person seminar of 2023 at the Oliver Tambo Moot Court, 5th Floor Kramer Law School, Middle Campus, UCT. The theme was ‘Comparative Perspectives on Climate Litigation – Insights from Europe and Africa’, and explored  the following issues:

Courts around the world are increasingly engaged with disputes aimed at the protection of the climate system. In the adjudication of such disputes, courts are constrained to varying degrees, by the separation of powers doctrine. Yet 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.

Our panel of experts (Dr Matteo Fermeglia, Dr Angela van der Berg (Director of Global Environmental Law Centre and UWC Associate Professor), Dr Melanie Jean Murcott (UCT Associate Professor and ELA Chairperson), and Allan Basajjasubi (Legal Programme Officer, Natural Justice) discussed how courts are responding to climate change in various jurisdictions with particular reference to the influence of the separation of powers doctrine. The seminar also featured a keynote address from Dr 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”. Lastly, Prof. Anél Du Plessis, Chair in Urban Law and Sustainability Governance, Stellenbosch University introduced two new books containing important climate law scholarship.

The seminar was well attended by colleagues and students who held an interest in environmental law and climate litigation.  Engagement between participants and the presenters was encouraged through the facilitation of questions from the floor and the closing refreshments session enabled participants to network with one another.

Panelists from left to right: Dr Matteo Fermeglia, Dr Angela van der Berg, Allan Basajjassubi, and Dr Melanie Murcott, as well as panel chair Kate Handley.


Panel chair Kate Handley (former ELA Exco member and Executive Director of the Biodiversity Law Centre)

The programme was as follows:

17h00 to 17h05

Welcome and introduction of keynote speaker 

Kate Handley, Executive Director, Biodiversity Law Centre, ELA Executive Committee Member 

17h05 to 17h30

Keynote

Trias climatica? A comparative analysis of climate change litigation and separation of powers in Europe”

Dr Matteo Fermeglia (Assistant Professor in International and European Environmental Law and Post-Doctoral Assistant at Hasselt University, Faculty of law)

Matteo Fermeglia is an Assistant Professor in International and European Environmental Law and Post-Doctoral Assistant at Hasselt University, Faculty of law, where he teaches European Environmental Law and European Climate & Energy Law. His main research interest lies in the interplay between international investment law and the climate change legal regime. In 2017, he was visiting scholar at Columbia Law School, where he collaborated with the Sabin Center for Climate Change Law and the Columbia Centre for Sustainable Investments. He regularly (co-) authors internationally peer-reviewed journal articles in the field of environmental and climate law, and was awarded the Raúl Estrada-Oyuela Award for Emerging Scholars in Climate Law in 2017 by Lexxion publishers. 

Dr Matteo Fermeglia giving his keynote address

17h30 to 18h00

Panel discussion chaired by Kate Handley, “Comparative Insights on Climate Litigation” on the extent to which courts are permitted by the separation of powers doctrine to intervene in climate law and policymaking. 

  • Matteo Fermeglia, Assistant Professor, Hasselt University
  • Allan Basajjasubi, Programme Officer, Defending Rights, Natural Justice
  • Melanie Murcott, Associate Professor, Institute of Marine and Environmental Law; Vice Chairperson, ELA
  • Angela van der Berg, Director, Global Environmental Law Centre; Associate Professor, UWC; Western Cape Sub-Committee, ELA

Allan Bassajjasubi (Natural Justice) and attendees of the seminar

18h00 to 18h15

Questions from the floor

18h15 to 18h30

Celebrating new climate law scholarship: An introduction to Transformative Environmental Constitutionalism (2022), Melanie Murcott and Urban Climate Resilience (2022) Angela van der Berg and Jonathan Verschuuren (eds)

Anél Du Plessis, Chair in Urban Law and Sustainability Governance, Stellenbosch University 

 

 

 

 

 

 

18h30 to 18h45

A word from the author of Transformative Environmental Constitutionalism, Melanie Murcott, and from the co-editor of Urban Climate Resilience, Angela van der Berg, and questions from the floor

18h45

Closing, followed by refreshments.

We thank everyone who attended!

Date
26 Jul 2023

}

Time
5:00 pm - 7:30 pm