The intersectionality of the world has brought the world to many villages and communities in East Africa. This has been done through land concessions, tourism, industry growth, new media, educational opportunities, and the involvement of Africans in global discussions on climate change and climate justice. The involvement and access to the Kenya, East African, and the African Court regarding climate justice is a new area for most legal professionals, corporations, governments, individuals, and the courts. For this reason, this paper seeks to analyze the mechanisms available in the three legal systems and the procedures thereto. The research is carried out through analysis of acts of parliament, treaties, and case law. The research finds that though access mechanisms exist, the costs, time, disinterest, and focus on other areas of law have led to climate litigation being an occasional rather than an active legal process, denying affected individuals and communities opportunities to seek legal redress.

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The Role of Courts and the Legal Profession in Climate Litigation: A Tripartite Analysis of Access to the Kenyan, East African, and African Court Systems

  • Muriuki Sharon

摘要

The intersectionality of the world has brought the world to many villages and communities in East Africa. This has been done through land concessions, tourism, industry growth, new media, educational opportunities, and the involvement of Africans in global discussions on climate change and climate justice. The involvement and access to the Kenya, East African, and the African Court regarding climate justice is a new area for most legal professionals, corporations, governments, individuals, and the courts. For this reason, this paper seeks to analyze the mechanisms available in the three legal systems and the procedures thereto. The research is carried out through analysis of acts of parliament, treaties, and case law. The research finds that though access mechanisms exist, the costs, time, disinterest, and focus on other areas of law have led to climate litigation being an occasional rather than an active legal process, denying affected individuals and communities opportunities to seek legal redress.