Climate Litigation under the European Convention on Human Rights : A Suggestion from the Urgenda Foundation v. the State of Netherlands Incident

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Other Title
  • 欧州人権条約に基づく気候訴訟 : Urgenda財団対オランダ事件からの示唆
  • オウシュウ　ジンケン　ジョウヤク　ニ　モトヅク　キコウ　ソショウ　Urgenda　ザイダン　タイ　オランダ　ジケン　カラ　ノ　シサ

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In Honor of the Memory of Professor Mitsuo MATSUMOTO

Can Articles 2 and 8 of the European Convention on Human Rights also apply to the global environmental problem of dangerous climate change? In December 2019, just before 2020, the Dutch Supreme Court held that the 2020 target of reducing greenhouse gas emissions by 20% compared to 1990 was too low. By confirming that time has passed without sufficient measures being taken, the Supreme Court has issued a stern warning that the 2030 target will not be allowed to follow the same old pattern. The judgment is suggestive in that the plaintiffs have identified a means to request a higher goal for the country's current greenhouse gas emission reduction targets under Articles 2 and 8 of the European Convention on Human Rights. In short, according to this judgment, the country will be responsible for more than its own emissions in order to protect its people from dangerous climate change. What is the legal rationale for determining the responsibilities of such a country? This paper explores this question by focusing on causality. Not surprisingly, this judgment is binding only in the Netherlands, and it does not necessarily affect the climate proceedings currently pending in the ECtHR.

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Details 詳細情報について

  • CRID
    1390573242652753664
  • NII Book ID
    AA1115271X
  • DOI
    10.18910/86850
  • ISSN
    24320870
  • HANDLE
    11094/86850
  • Text Lang
    ja
  • Article Type
    departmental bulletin paper
  • Data Source
    • JaLC
    • IRDB
    • KAKEN

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