A climate change litigation precedent: Urgenda Foundation v The State of the Netherlands†. Issue 2 (2nd April 2016)

• Record Type: Journal Article
• Authors: Cox, Roger
• Is Part Of: Journal of energy & natural resources law. Volume 34:Issue 2(2016)
• Page Start: 143
• Page End: 163
• Publication Date: 2016-04-02
• Subjects: climate change -- state liability -- duty of care -- human rights -- UNFCCC -- international environmental law -- presumption of conformity -- separation of powers -- Urgenda; Power resources -- Law and legislation -- Periodicals; Natural resources -- Law and legislation -- Periodicals; Natural resources -- Law and legislation; Power resources -- Law and legislation; Periodicals; 346.420467
• DOI: 10.1080/02646811.2016.1147887
• Languages: English
• ISSNs: 0264-6811

Abstract

Abstract : On 24 June 2015, The Hague District Court rendered a historic judgment in the climate case of Urgenda Foundation v The State of the Netherlands . The ruling marks the first successful climate change action founded in tort law, as well as the first time a court has determined the absolute minimum emissions-reduction target for a developed state, based on the duty of care and regardless of arguments that the solution to the global climate problem does not depend on one country's efforts alone. This article provides a summary of the case and background information to it, and some context with regard to the developments in climate change litigation. It closes with observations on the significance of the decision for climate change litigation in other jurisdictions.