Implications of Climate Change Litigation for Environmental Law and Policy in Ghana

Abstract

Purpose: The aim of the study was to examine implications of climate change litigation for environmental law and policy in Ghana Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: The study found that the implications of climate change litigation for environmental law and policy in Ghana underscore the urgent need for robust legal frameworks and adaptive policy responses to address the multifaceted challenges posed by climate change. While Ghana has made strides in enacting environmental legislation and participating in international climate agreements, the increasing frequency and severity of climate-related impacts necessitate greater legal clarity, enforcement mechanisms, and stakeholder engagement to enhance climate resilience and adaptation efforts. Climate change litigation provides a crucial avenue for affected communities, civil society organizations, and environmental advocates to hold governments and corporations accountable for their contributions to climate change and their obligations to protect the environment and uphold human rights. Unique Contribution to Theory, Practice and Policy: Legal Mobilization Theory, Policy Diffusion Theory & Ecological Modernization Theory may be used to anchor future studies on implications of climate change litigation for environmental law and policy in Ghana. Encourage strategic litigation that targets key actors, industries, and policy arenas to maximize the impact of legal interventions on environmental protection and climate action. This involves identifying leverage points within existing legal frameworks and leveraging innovative legal strategies, such as public trust doctrines and rights-based approaches, to advance environmental objectives. Foster greater integration of climate change litigation outcomes into national and international environmental policy-making processes. Governments and intergovernmental organizations should proactively incorporate legal precedents, court decisions, and settlement agreements into policy development, implementation, and evaluation.