David versus Goliath? Indigenous people, carbon majors and climate litigation in South Africa
David versus Goliath? Indigenous people, carbon majors and climate litigation in South Africa
In two recent South African cases, Indigenous communities successfully challenged proposed fossil fuel exploration activities by the Shell petroleum company off South Africa's pristine West Coast. In contrast to earlier climate litigation cases in South Africa, the litigants relied specifically on their Indigenous rights and knowledge. In this case note, we highlight the ways in which the two courts engaged with the communities' cultural beliefs and practices as well as their knowledge related to sustainability and how this relates to protecting their livelihoods, cultural practices and identities that are threatened by the proposed activities. We highlight the important role played by Indigenous communities in the climate movement and argue that, in the future, Indigenous and related considerations could provide a strong basis for climate litigation in South Africa and potentially contribute to efforts to protect Indigenous communities against the activities of carbon majors.
climate change, litigation, indigenous people, South Africa, environmental law, climate litigation
Du Toit, Louise
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Soyapi, Caiphas
49c99397-eb54-46c1-a284-1fcf087a7b42
Kotzé, Louis J.
b80b413d-164e-42ec-836e-f945d3d7f66b
6 March 2024
Du Toit, Louise
e0fb7237-6c1f-4c3c-9568-71f47f068a06
Soyapi, Caiphas
49c99397-eb54-46c1-a284-1fcf087a7b42
Kotzé, Louis J.
b80b413d-164e-42ec-836e-f945d3d7f66b
Du Toit, Louise, Soyapi, Caiphas and Kotzé, Louis J.
(2024)
David versus Goliath? Indigenous people, carbon majors and climate litigation in South Africa.
Review of European Community and International Environmental Law.
(doi:10.1111/reel.12534).
Abstract
In two recent South African cases, Indigenous communities successfully challenged proposed fossil fuel exploration activities by the Shell petroleum company off South Africa's pristine West Coast. In contrast to earlier climate litigation cases in South Africa, the litigants relied specifically on their Indigenous rights and knowledge. In this case note, we highlight the ways in which the two courts engaged with the communities' cultural beliefs and practices as well as their knowledge related to sustainability and how this relates to protecting their livelihoods, cultural practices and identities that are threatened by the proposed activities. We highlight the important role played by Indigenous communities in the climate movement and argue that, in the future, Indigenous and related considerations could provide a strong basis for climate litigation in South Africa and potentially contribute to efforts to protect Indigenous communities against the activities of carbon majors.
Text
Rev Euro Comp Intl Enviro - 2024 - Toit - David versus Goliath Indigenous people carbon majors and climate litigation in
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More information
Accepted/In Press date: 6 February 2024
e-pub ahead of print date: 6 March 2024
Published date: 6 March 2024
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Publisher Copyright:
© 2024 The Authors. Review of European, Comparative & International Environmental Law published by Wiley Periodicals LLC.
Keywords:
climate change, litigation, indigenous people, South Africa, environmental law, climate litigation
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Local EPrints ID: 487969
URI: http://eprints.soton.ac.uk/id/eprint/487969
PURE UUID: fa82cd9e-e7a7-40c0-ba61-700485b7c05a
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Date deposited: 12 Mar 2024 17:33
Last modified: 01 May 2024 02:06
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Contributors
Author:
Louise Du Toit
Author:
Caiphas Soyapi
Author:
Louis J. Kotzé
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