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Faculty of Law, Business & Economics

Chair of African Legal Studies – Prof. Dr. Thoko Kaime

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Einfaches Seminar: Environmental Law and Climate Justice

20.07.2021

Climate change is one of the greatest challenges facing mankind. Climate change laws, energy laws and
reduction of plastic waste are key instruments for coping with this challenge. In this seminar, the various
papers will analyse how different legal regimes are equipped to deal with this challenge.
The seminar is designed to be also attended by students without previous knowledge in the individual problem
areas and students in younger semesters. The seminar takes place as a block seminar with three main days.
We will decide in due course to what extent the events take place on campus or over zoom.

1. Assignment of topics: 06 September, 12.00
2. Kick-off day: 22 October 2021, 08.30-16.00
3. Intermediate meeting: 01 December 2021
3. Submission of the written paper: 20 December 2021, 12.00
4. Final presentation: 21 January 2022, 08.30-16.00

Please register by sending us your name, semester, matriculation number and your desired topic to:
africanlegalstudies@uni-bayreuth.de. However, the final topic allocation will take place at the preliminary
meeting.

- Topics –


A. Climate change


1. Discuss the role of the judiciary in climate protection in a country of the Global South and draw comparisons
to the recent decision of the Federal Constitutional Court in Germany [1 BvR 2656/18, 1 BvR 96/20, 1 BvR
78/20, 1 BvR 288/20, 1 BvR 96/20, 1 BvR 78/20]

2. Climate change is a contemporary challenge and source of risk for the population. Discuss the measures
taken by the African human rights system to combat this challenge.


3. Using the Royal Dutch Shell landmark decision [Milieudefensie et al. v. Royal Dutch Shell plc], discuss the
compliance of companies with international treaties in the context of climate protection.


4. What can other parts of the world learn from the continental strategies Africa has implemented to address
the internal and cross-border displacement caused by climate change?

B. Energy access


5. In the context of developing countries, should there be a right of access to basic energy services? Discuss
the legal basis for such an argument.


6. Critically discuss the legal basis for the call “Energy by any means” on the African continent in relation to
international treaties.


7. Many citizens in the Global South live far from the electricity grid. Decentralised energy access solutions
have been promoted as solutions for increasing access. Critically discuss the legal and policy strategies for
encouraging the development of decentralised energy systems.


C. Plastic waste


8. Critically discuss legal strategies for combatting single use plastics by comparing the legal frameworks in
Rwanda, Malawi and Germany.


9. Compare environmental taxation and product ban as legal mechanisms to govern plastics in the Global
South in the context of enforcement challenges.


10. Which legal instruments from outside Europe must be learnt from to overcome the raised shortcomings
of the European Single-Used-Plastics-Directive [2019/904]?

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