Verfassungsblog (Nov 2024)
Towards a Bundle of Duties - Shell v Milieudefensie Confirms Major Developments in Climate Change Liability
Abstract
This week’s decision in Shell v Milieudefensie from the Hague Court of Appeals seemed like a blow to climate litigation: Milieudefensie was ultimately unsuccessful in convincing the Court that it could transpose a global requirement for 45% emissions reductions by 2030 into an obligation for a particular actor. Yet, the Court of Appeals decision marks considerable progress in how we understand the civil liability of large Dutch economic actors for their contributions to climate change.
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