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Climate Law and Governance

Course description


Climate change is one of the most pressing global challenges of the 21st century, with profound implications for environmental sustainability, socio-economic stability, and legal and governance systems worldwide. The urgency of addressing climate change has led to the rapid development of legal frameworks at international, regional, and national levels. South Africa, is a country highly
vulnerable to climate impacts, has taken significant steps to institutionalise climate governance, culminating in the
Climate Change Act 22 of 2024. However, legal professionals, policymakers, and governance practitioners often lack specialised training in climate law and its implications for governance, which is essential for effective implementation, compliance, and enforcement of climate policies.
This short course aims to provide a comprehensive and interdisciplinary overview of climate law and governance over seven weeks, covering key themes such as:
- The science of climate change and its role in law and policy
- International climate agreements and global governance mechanisms
- South Africa’s Climate Change Act and national legal responses also as it relates to sectoral environmental legislation
- Climate finance, carbon markets, and taxation
- Climate litigation and human rights

A particular focus is placed on Africa and South Africa, examining how the continent can leverage legal mechanisms to strengthen climate resilience, attract international climate finance, and advance climate justice. This short course is uniquely positioned to address a market need by offering a focused, expert-led program that is accessible to professionals from various backgrounds, including lawyers, government officials, researchers, climate scientists and sustainability practitioners. By engaging with real-world case studies, legal analysis, and policy discussions, participants will develop the critical skills necessary to contribute meaningfully to South Africa’s climate governance landscape.
Climate Law and Governance

Course details


WEEK 1: INTRODUCTION TO CLIMATE CHANGE LAW AND GOVERNANCE
This seminar introduces participants to the fundamental concepts related to climate change law and governance, setting the foundation for the weeks ahead. It also provides a broad overview of climate change impacts globally and in South Africa, and the main international legal frameworks relevant for climate change. The seminar will cover the following questions and more :
• What is climate change?
• What are the main drivers of climate change?
• What are the main impacts of climate change?
• Who is responsible to address climate impacts?

WEEK 2: THE SCIENCE OF CLIMATE CHANGE AND ITS ROLE IN LAW, POLICY, AND GOVERNANCE
The aim of this seminar is to explore the scientific foundations of climate change and how they inform legal and policy responses. Special attention is given to attribution science and its increasing role in litigation and governance. The seminar will cover the following questions and more:
• What is the physical science of climate change?
• What are greenhouse gases?
• What is attribution science?
• How does or should climate science and data influence international COP negotiations?
• How does or should climate science and data influence international and domestic (South
African) law and policy and governance decisions?

WEEK 3: INTERNATIONAL CLIMATE CHANGE LAW
This week examines the international legal regime for climate change, focusing on how specific
international climate change instruments shape domestic laws, policies and commitments. The seminar also considers the key mechanisms for governance and implementation in this regime. The following serves to guide the seminar discussions:
• What comprises the international climate change regime?
• What are the key principles of the international climate change regime?
• What is the main aim of the international climate change regime?
• What are the key differences between the Paris Agreement and the Kyoto Protocol?
• What are the rules and mechanisms for global climate governance under the Paris
Agreement?

WEEK 4: SOUTH AFRICA’S LAW AND POLICY FRAMEWORK FOR CLIMATE CHANGE AND GOVERNANCE
This seminar aims to analyse South Africa’s legal and policy responses for climate change with a focus on the Climate Change Act 22 of 2024, related environmental framework and sectoral laws, and the implications for cooperative governance. The seminar will cover the following questions:
• What constitutes South Africa’s law and policy framework for climate change?
• What is the role of the Constitution of the Republic of South Africa, 1996 in the climate law
and policy space?
• What is the role of environmental framework legislation and sectoral environmental and
energy legislation for climate change in South Africa?
• How does South Africa’s Climate Change Act address adaptation and mitigation?
• What are the challenges in implementing and enforcing South Africa’s climate law and policy
framework?
• What implications does the Climate Change Act hold for cooperative governance?

WEEK 5: CLIMATE CHANGE FINANCES, TAXES, AND CARBON CREDITS
This seminar introduces participants to the economic mechanisms supporting climate action, including carbon pricing, carbon taxes and climate finance instruments. It analyses the law and policy frameworks relevant to climate finance in the South African context. The following serves to guide seminar discussions:
• What is climate finance?
• What are carbon taxes?
• What is carbon financing?
• What constitutes South Africa’s law and policy framework for climate finance?
• What are the legal and economic implications of South Africa’s carbon tax framework?

WEEK 6: CLIMATE CHANGE AND HUMAN RIGHTS
This seminar explores the intersection of climate change and human rights, focusing on legal
obligations of states to protect vulnerable communities. The seminar will cover the following questions:
•What are the impacts of climate change on human rights?
•What role does the international human rights legal framework play in addressing the human rights impacts of climate change?
•What role does the international climate change legal regime play in addressing the human rights impacts of climate change?
• How are the rights of children recognised and protected against the impacts of climate change?
• How does South Africa’s law and policy framework protect human rights against climate impacts?

WEEK 7: CLIMATE LITIGATION AND ACCOUNTABILITY
This seminar introduces students to climate litigation. It analyses climate litigation trends focusing on strategic climate litigation, landmark cases (internationally and in South Africa) and enforcement mechanisms. The following questions serve to guide seminar discussions:
 What is climate litigation?
• What are the categories of climate litigation?
• What are the aims of strategic litigation?
• Who are the actors in climate litigation?
• What has been to date the basis of claims in strategic climate litigation?

Statement of purpose


The purpose of this short course is to equip legal practitioners, policymakers, and governance
professionals with the critical knowledge and skills required to navigate the rapidly evolving field of climate change law and governance. Climate change presents complex challenges that cut across multiple legal disciplines, requiring a multi-level governance approach that integrates international, regional, and domestic legal responses. As climate change intensifies, law and governance mechanisms are becoming key tools for ensuring effective climate mitigation, adaptation, and resilience. South Africa, like many other vulnerable nations, has adopted new legal frameworks, such as the Climate Change Act 22 of 2024, and has integrated climate considerations into various environmental, energy, and planning laws. However, challenges remain in ensuring effective implementation, enforcement, and compliance with these legal obligations.

This course aims to provide participants with a comprehensive understanding of climate change law, from foundational principles such as climate justice, common but differentiated responsibilities, and equity, to the technical legal mechanisms underpinning climate litigation, carbon markets, and their intersections with climate science. The course is structured to develop both theoretical and practical insights into how law can be used as a tool for climate action, particularly in the South African and African contexts. In addition to legal frameworks, this course emphasizes the role of science in climate governance, including the relevance of climate attribution science in litigation, policy development, and regulatory decision-making. Participants will critically engage with case studies on landmark climate litigation, international climate negotiations, and the intersection of human rights and climate justice.

Entry level requirements


Applicants should be in possession of at minimum an NQF level 7 qualification and/or relevant work experience.

Planned course dates


29 July 2026 - 09 September 2026 (Fully online; Wednesday evenings seminars take place weekly over Zoom)
Applications are open. Application deadline: 24 July 2026

Course Coordinator

Angela van der Berg
Angela van der Berg
e. avanderberg@uwc.ac.za

Assessment criteria


• Discuss and apply key foundational climate change law concepts and governance principles
• Evaluate the role of the Intergovernmental Panel on Climate Change (IPCC) scientific reports in shaping law and policy and climate litigation outcomes
• Analyse the role of climate science in impacting climate litigation and advancing climate justice
• Evaluate how international climate change agreements influence domestic law and policy in the South African context
• Analyse South Africa’s Climate Change Act and identify the implications of the Act for related environmental laws and policies and cooperative governance in the country
• Evaluate South Africa’s legislation on climate finance and carbon taxes, and in relation
global responses and discuss the implications thereof for industry
• Identify and discuss the human rights dimensions of climate change
• Evaluate how the courts in foreign domestic contexts and in South Africa have interpreted
government obligations for human rights protections against climate change
• Discuss how strategic litigation can advance climate justice, with reference to particular case studies

Assessment methods


Assessment will be continuous and include the following:
• Compulsory 1 x weekly online class tests (MCQ and short answer) to be completed by the end of each week. 7 tests in total. Two attempts per test allowed. 30% of the total assessment
• Compulsory participation in at least one (out of two) group discussions (presentations) on topics selected by the lecturers. There are two group discussions in total. 20% of the total assessment
• Written assignment of 1500 – 2000 words: Each learner will undertake a written assignment of up to [2000] words in the form of an individual essay on a topic of their choice that is related to what has been covered in the course, wherein they apply their knowledge and critically engage with relevant literature. 50% of the total assessment
Total 100%

Teaching & learning strategies


The teaching and learning strategy for this course aims to use the tools of a student-centered interactive learning approach in an online course using both synchronous and asynchronous learning, teaching and assessment. Technology, the university’s learning management system, or similar platform will be used to interact with other participants, and with the lecturer as well as Zoom for the seminar sessions.

Interactive learning: promotes flexible access and interaction with the learning material by a diverse student body. It increases opportunities for collaboration between participants in different geographical locations. Interactive learning also enhances participant skills in using technology to find information, to learn independently, to analyse, to present and apply their knowledge.
Interactive learning activities are intended to:
- engage participants with the subject of climate change law, environmental law, climate policy, climate governance etc, in online collaboration
- promote the application of critical thinking and problem solving to the legal challenges that arise in the implementation and adjudication of climate change law, environmental law, climate policy, climate governance and related matters.

Questions and debates during the seminars and interactive engagement in the online group presentations, all involve a student-centered, interactive approach in that participants engage actively with the material and with each other. An inquiry-based learning methodology is used where participants upload relevant learning material for the class. Problem-based learning is also used in the course in that real-world scenarios in the online discussion form and court judgments are used to evoke critical thinking, problem-solving, collaboration, and self-management. Problem-based learning is an effective teaching strategy in that it engages participants, improves learning, and makes participants more aware of real-world issues.

Seminars (lectures) and videos: course content will be covered in live lectures held via Zoom. The recorded lectures (seminars) and lecturer PowerPoint presentations will be accessible via an online platform, for participants, who wish to revise the work and who want to further engage with the content in their own time. Supplementary videos related to the course content will also be made available online for participants to engage with in their own time.

Prescribed, recommended and additional materials: consisting of South African, foreign and international Court judgments, legislation, policy documents, book chapters, academic and journal articles, and scientific reports, as well as less formal sources including documentaries, videos, articles and blogs: These will be uploaded from the UWC Law Library for the participants onto the course webpage.

Course material & equipment


The course outline, timetable, assignments, schedule of activities, marking system and deadlines will appear on the course webpage. There is no prescribed textbook – this course content is based on emerging themes within the convergence of constitutional law, environmental law and climate change law, climate governance, climate science and human rights. Prescribed materials consist of: academic publications (journal articles, chapters in books) case law, legislation, policy documents, scientific reports, documentaries, podcasts, educational videos, articles and blogs.
Each week includes a list of readings and resources for each seminar. Participants will also be provided with a list of questions and topics to be covered in each class. The materials are uploaded from the UWC Law Library Online Database and placed on the course webpage.
Participants are required to have access to a laptop with a camera and microphone, as well as a stable internet connection.

Modes of delivery


Fully online via Zoom or other platforms easily accessible to participants. The short course will have both synchronous and asynchronous components. Participants will be divided into groups and required to participate in two group online discussions (presentations) on a subject matter posted by the lecturers.
This will be supplemented by podcasts/blog posts and/or online documentaries which will be made available on the online learning platform, for the participants to peruse on their own time. These aspects of the course, as well as participating in the group online discussion are envisaged as asynchronous activities. The synchronous aspect of the course will be the 2-hour online live seminars for each week of the programme using Zoom or other relevant platform. Participants will be expected to demonstrate that they have understood the theoretical underpinnings of the topics under discussion and that they are able to apply such knowledge to real-life scenarios and to analysis of the case law and scenarios. The skills developed in these activities – inter alia, in-depth analysis, tolerance for diverse views, and participating in group work – provide the foundation for lifelong learning.

Course venue


Online via Zoom and/or other relevant platforms

Alignment with UWC mission & strategic initiatives


This course, the Climate Law and Governance aligns with the mission of UWC, especially the aims of ‘academic excellence’ through being ‘responsive to the needs of a changing world ‘and fostering collegiality and collaboration through creating an enabling environment of ‘productive partnerships and networks beyond the confines of disciplinary and geographic boundaries’. It aligns to the following strategic areas:

Goal area 1: The student experience
The course lays the foundations to apply theoretical knowledge in participants daily work life. The curriculum will be up-to-date and relevant, enabling growth and development at a personal level as well as in their institutional environments.

Goal area 2: Teaching and learning
The course will promote teaching and learning in an area where there is a growing need for a curriculum that is responsive to addressing global social, economic and environmental challenges through research and preparing participants who are responsible citizens and ethical professionals able to contribute to finding solutions towards a more equitable, just and climate resilient society. This course aims to promote critical thinking skills regarding the current global environmental crisis and the role of governance systems in this regard as well as enabling them to be a part of the solution for legal reform. Participants will attain the skills and knowledge required for constructive participation in their workplaces.

Goal area 4: Excellent talent
The short course will promote learning in a specialised but much-needed and evolving area of law. The course will build talent by attracting a diverse group of professionals in this learning area to UWC and equipping them with analytical skills and knowledge that they can apply in their respective workplaces and institutions.

The course is further aligned with the following UN SDGs:
The course aligns with SDG 13 (Climate Action) by examining international and domestic climate frameworks, including the Paris Agreement and South Africa’s Climate Change Act 22 of 2024. It explores mechanisms such as carbon taxation, emissions trading, and climate litigation, focusing on accountability and enforcement. Climate justice is a central theme, linking the course to SDG 16 (Peace, Justice, and Strong Institutions) by emphasizing legal strategies to protect vulnerable communities, enforce corporate accountability, and strengthen governance systems. Transitioning to clean energy is a major focus under SDG 7 (Affordable and Clean Energy), where participants analyze energy law, renewable energy policies, and just transition strategies. In addressing urban climate adaptation and resilience, the course supports SDG 11 (Sustainable Cities and Communities) by exploring local governance responses to climate risks such as flooding and water scarcity. Legal and financial mechanisms for carbon markets, corporate responsibility, and sustainable business practices are key topics, aligning with SDG 12 (Responsible Consumption and Production). Additionally, the course addresses biodiversity conservation and land-use governance under SDG 15 (Life on Land), recognizing the link between climate change and ecosystem degradation. Through its interdisciplinary approach, the course empowers professionals to engage in climate law, policy, and advocacy, supporting climate resilience, sustainability, and legal accountability in South Africa and beyond.
Course Details

Climate Law and Governance

Course Code: P7CE0035
Faculty
Faculty of Law
Dept/Unit
Global Constitutional Law and Nature Environmental Law Centre (GELC)
Topic
Climate Change Law
Area of Interest
Climate Change Governance
Certification
Certificate of Competence
Duration
7 weeks
Fees
R6 000