Okoli P & Abraham E (2023) In Search of a Sustainable Future for Sub-Saharan Africa: An Assessment of Climate Change Regimes in Nigeria and Kenya as Contextual Paradigms. Review of European, Comparative & International Environmental Law.
Countries in sub-Saharan African face major challenges due to climate change. Nigeria and Kenya have enacted statutes focused on mitigation and adaptation, but both countries are developing on different and contradictory paths even when their laws are intended to achieve similar overarching aims vis-à-vis the Paris Agreement.
The article examines how the Nigerian Climate Change Act can be implemented, and the impact of the new statutory regime on existing jurisprudence. Considering emission reduction efforts, the article explores substantive legal and institutional issues based on statutory law. The constitution and functions of institutional structures established within the statutes of both countries are examined in terms of their implications for climate change. These issues are further examined considering the management of climate change funds. In making these assessments, the article compares the Kenyan legal regime, relevant institutions as well as how governments and individuals approach access to justice.
This comparative analysis highlights lessons that should be drawn from the complex challenges in Africa, including climate change litigation, and how they undermine global efforts on climate change. In proffering solutions to these challenges, the article then examines how both countries can draw on international support to attain access to justice.
|Date accepted by journal