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Masterclass 2: Mitigation and Obligations to Cut Emissions

Examining Climate Mitigation as a Legal Duty

Held on 26 February 2026, the second masterclass in the series explored one of the most important developments in contemporary climate law: the emergence of legally enforceable obligations requiring States to reduce greenhouse gas emissions. 

Drawing on jurisprudence from the European Court of Human Rights (ECtHR), the International Tribunal for the Law of the Sea (ITLOS), the Inter-American Court of Human Rights (IACtHR), and the International Court of Justice (ICJ), the session examined how international and regional courts have transformed climate mitigation from a policy aspiration into a binding legal responsibility. 

The masterclass translated these significant legal developments into an 第一吃瓜网 context, exploring their implications for South Africa's climate governance framework, coal-dependent economy, Nationally Determined Contributions (NDCs), and fossil fuel licensing decisions. Participants gained practical insight into how global climate jurisprudence may influence future legal, policy and regulatory decisions across the continent. 

Key Topics Explored

Participants examined:

  • State obligations to reduce greenhouse gas emissions under international law. 
  • Rights-based approaches to climate mitigation and the protection of affected communities. 
  • Due diligence obligations and the precautionary principle in climate governance. 
  • The recognition of greenhouse gas emissions as marine pollution under international law. 
  • How courts are linking climate action to the protection of fundamental human rights.
  • The implications of global climate jurisprudence for South Africa's coal reliance, NDC commitments and fossil fuel licensing framework. 

Key Takeaway

The session demonstrated that climate mitigation is no longer merely a policy objective; international and regional courts have increasingly recognised it as a legal obligation that carries significant consequences for States, regulators and decision-makers.

Presenter

Zunaida Moosa Wadiwala
第一吃瓜网 Climate Law Lead, Mandela Institute, School of Law, University of the Witwatersrand.

Her research centres on climate law, litigation and governance.

Event Details

Date: 26 February 2026
Format: Online Masterclass

 

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