Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

A Dutch Court’s ‘Revolutionary’ Climate Policy Judgment: The Perversion of Judicial Power, the State’s Duties of Care, and Science

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

The latest move in the environmentalists’ fight against climate change involves judicial proceedings against states. In these proceedings, climate action groups seek court orders to force governments to impose more stringent measures to reduce greenhouse gas emissions. A recent judgment by a Dutch court has given this strategy momentum. In the Urgenda case, the court ruled that the Dutch government owes a duty of care to its citizens to provide protection against the risks posed by climate change. On this basis, the court ordered the government to revise its current policies to ensure that by 2020 carbon dioxide emissions are reduced by at least 25% compared to 1990 levels. As this article demonstrates, this kind of litigation raises constitutional issues, because courts may not infringe on the legislature’s prerogatives. Climate policy-making requires a series of value judgments and policy choices, and the state has non-justiciable discretion as to how it meets its duties of care.

Affiliations: 1: Hunton & Williams, Brussels lbergkamp@hunton.com

10.1163/18760104-01204002
/content/journals/10.1163/18760104-01204002
dcterms_title,pub_keyword,dcterms_description,pub_author
10
5
Loading
Loading

Full text loading...

/content/journals/10.1163/18760104-01204002
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/18760104-01204002
Loading

Article metrics loading...

/content/journals/10.1163/18760104-01204002
2015-12-08
2017-11-20

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Journal for European Environmental & Planning Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation