부산대학교 도서관

Indigenous peoples of the African continent, although victims of climate change, have accumulated Meteorological Traditional Knowledge (MTK) over generations and are ideally positioned to offer their expert MTK to the scientific community. MTK can contribute to climate change adaptation and mitigation. The sharing of MTK can be beneficial to all stakeholders and rights holders, and may be desired by indigenous peoples. However, MTK as an emerging sui generis resource is vulnerable to biopiracy and misappropriation, which mirrors generally the traditional knowledge of indigenous peoples. Additionally sharing can carry risks and can lead to cultural harm for indigenous peoples. This chapter seeks to identify legal avenues to preserve and equitably share the MTK of indigenous peoples, which will benefit humanity as a whole without causing cultural harm. In relation to the preservation of MTK the chapter proposes that the profile, vulnerability and value of MTK could be included in human rights protection under the African Charter. Strong land tenures would also protect the generational MTK of indigenous peoples. The chapter in particular examines recent case law involving semi-nomadic indigenous peoples, where MTK was at risk and very present in the submissions through ‘story telling’.
As the study of climate change litigation continues to emerge as a scholarly field, the conversation about the characteristics of litigation in Global South countries is still nascent. The meaning and identity of climate litigation, and the scholarly response to it, are mostly shaped around the priorities and pressures of Global North countries. But why does pursuing, and asserting, an African identity of climate litigation matter? The answer to this question lies in an understanding of what it means to pursue a ‘global’ endeavour, but also in an understanding of the dignity of African scholars, practitioners and activists in the face of the climate crisis.This volume is a collection of scholarly reflections on the theme of climate litigation in Africa. The book spans a range of approaches and jurisdictions and aims to make a relevant yet lasting volume of reflective contributions both in relation to transnational, regional and local climate litigation scholarship, but also to our understanding of the plural nature of climate justice and climate governance.EPDF and EPUB available Open Access under CC-BY-NC-ND licence. In recent years, climate litigation has become an important subject of global scholarly and policy interest. However, developments within the Global South, particularly in Africa, have been largely neglected.This volume brings together an international team of contributors to provide a much-needed examination of climate litigation in Africa. The book outlines how climate litigation in Africa is distinct as well as pinpointing where it connects with the global conversation. Chapters engage with crucial themes such as human rights approaches to climate governance, corporate liability and the role of gender in climate litigation.Spanning a range of approaches and jurisdictions, the book challenges universal concepts around climate and the role of activism (including litigation) in seeking to advance climate governance.EPDF and EPUB available Open Access under CC-BY-NC-ND licence. This volume brings together an international team of contributors to provide a much-needed examination of climate litigation in Africa. The book outlines how climate litigation in Africa is distinct as well as pinpointing where it connects with the global conversation.