Legal innovation in national courts for planetary challenges: Urgenda v State of the Netherlands

Author(s): Environmental Law Review 2016 18: 57-64
In: Environmental Law Review 2016 18: 57-64
Year: 2016
Type: Journal / article
Link to centre authors: Ituarte Lima, Claudia
Full reference: Lambrecht, J., and Ituarte-Lima, C. 2016. Legal innovation in national courts for planetary challenges: Urgenda v State of the Netherlands, Environmental Law Review 2016 18: 57-64. http://elj.sagepub.com/content/18/1.toc

Summary

This article analyses the Urgenda climate case in which the State of the Netherlands was ordered to reduce its greenhouse gas emissions with 25% by 2020. We seek to identify possibilities and limitations of national courts in contributing to safe and equitable operating spaces where humanity can thrive. We argue that this case, which links local initiatives and planetary challenges, is innovative in operationalizing legal concepts and principles such as the duty of care and the equity principle in a climate change context. Although it raises new questions, this case has potential of setting a precedent in legal practice.

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