Climate Change Litigation against Carbon Majors: Royal Road or Dead End?
Type
presentation
Date Issued
2022-06-15
Author(s)
Abstract (De)
Climate change and its consequences undoubtedly pose major challenges for our generation. In recent years, climate lawsuits against states over compliance with and improvement of set reduction targets have enjoyed considerable success, first in the Netherlands, then also in Ireland, France, Germany and at least partially in Belgium. In the United Kingdom, Norway and Switzerland, courts were much more restrained, as they were in the European Union and the United States. Of particular interest, however, is the fact that in May 2021, a Dutch court of first instance for the first time in history ordered a multinational enterprise to reduce carbon emissions based on human rights, international standards and climate science. This court decision (Milieudefensie et al. v. Royal Dutch Shell) is currently pending before the court of second instance in the Netherlands. Against this backdrop, the big question arises as to the role of courts in combating climate change. In my presentation, I adopt a multidisciplinary approach that highlights theoretical, dogmatic, methodological, economic, political and legal perspectives. More specifically, I elaborate on whether and to what extent a court order to reduce carbon emissions is effective compared to other strategies such as disclosure, say on climate and directors’ duties.
Language
English
Pages
13
Event Title
16th Max Weber Fellows June Conference
Event Location
Firenze
Event Date
15-17 June 2022
Subject(s)
Division(s)
Eprints ID
267706
File(s)![Thumbnail Image]()
open.access
Name
Jentsch (15.6.2022) - Climate Change Litigation against Carbon Majors.pdf
Size
292.61 KB
Format
Adobe PDF
Checksum (MD5)
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