Judicial Responses to Climate Change in Tanzania: Has the Paris Agreement Sparked Emerging Jurisprudence?

Abstract

The Paris Agreement has set a legally enforceable legal framework that has enjoyed substantial international support thus creating a global context for climate litigation.  This, however, has prompted an increase in climate change cases in many jurisdictions with courts in the global north and south forming new laws to ensure that governments and businesses are held liable for climate-related damages, although this trend has not been uniform across all countries.  This study aims to analyze the role of the judiciary in addressing climate change in Tanzania, with a specific focus on the influence of the Paris Agreement in shaping emerging climate change jurisprudence.  Through doctrinal research and expert survey, the study finds that Tanzanian courts primarily rely on domestic laws enacted before the Paris Agreement, and the lack of consistency with the Paris Agreement prevents the incorporation of its concepts into judicial decisions.  The study suggests modernizing Tanzania's legal structure to reflect international climate commitments and increasing the judiciary's ability to handle climate-related disputes.