Coherent Identifier About this item: 20.500.12592/kt1xt6

A climate change litigation precedent : Urgenda Foundation v The State of the Netherlands

2015

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Summary

The court next established the maximum safe level of GHG concentrations in the atmosphere and the associated The court did not follow this line of reasoning because the reduction targets and reached the following conclusions result of a lower target for 2020 is that the Netherlands on the basis of IPCC science, decisions of various climate would, on balance, release more GHGs into the atmosphere s [...] Moreover, the court considered that it follows implementing open private-law standards in the manner from the fairness principle that future generations must be described above, such as the unwritten standard of care of borne in mind, as the UNFCCC states that the parties to Book 6, Section 162 of the Dutch Civil Code” (subsection the convention “should protect the climate system for the 4.46). [...] The court also Urgenda’s position, Urgenda also relied on article 21 of established that the TFEU (article 191, paragraph 2) also the Dutch Constitution, which imposes a duty of care on includes a number of principles relevant to this case, such the state relating to the livability of the country and the as the principle of a high level of protection and — once protection and improvement of the li [...] The court that was put before it, that the current global emissions was therefore of the opinion that the state has a duty of care and reduction targets of the signatories to the UNFCCC to mitigate as quickly and as much as possible (subsections are insufficient to realize the 2°C target and therefore the 4.70–4.73 and 4.82). [...] Third, when it became court argued that the faster the reduction of emissions can a signatory to the UNFCCC and the Kyoto Protocol, the be initiated, the greater the chance that the danger will state expressly accepted its responsibility for the national subside.

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human rights environment climate change mitigation government politics greenhouse gas global warming ghgs international law climate change mitigation justice law environmental pollution intergovernmental panel on climate change epa united nations framework convention on climate change climatic changes unfccc ghg emissions ghg ipcc trial (court) precedent annex i countries ipcc fourth assessment report

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