Class actions in a changing climate

Abstract

Abstract The need for decisive action on climate change is becoming increasingly urgent. The International Panel on Climate Change has warned that, on the current trajectory, global warming is likely to reach 1.5° Celsius above pre-industrial levels in the next ten to thirty years. This paper investigates the potential for a strategic climate change class action in South Africa by tracking two procedural devices: the class action and the public interest action. The example of Urgenda, a landmark judgement from the Netherlands, is used to show that while class actions may serve a limited purpose in a climate change litigation (particularly where there is a claim for damages) the public interest action will continue to be the more appropriate mechanism for strategic climate change litigation.