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Article: The First Successful Climate Negligence Case: A Comment on Urgenda Foundation v. The State of the Netherlands (Ministry of Infrastructure and the Environment)

TitleThe First Successful Climate Negligence Case: A Comment on Urgenda Foundation v. The State of the Netherlands (Ministry of Infrastructure and the Environment)
Authors
KeywordsClimate Change
Tort
Environmental Law
United Nations Framework Convention on Climate Change
Human Rights
Issue Date2015
PublisherBrill Nijhoff. The Journal's web site is located at http://www.brill.com/products/journal/climate-law
Citation
Climate Law, 2015, v. 5 n. 1, p. 65-81 How to Cite?
AbstractOn 24 June 2015, the Hague District Court issued the long-awaited judgment in the case of Urgenda Foundation v the State of the Netherlands. The decision has been heralded as a historical landmark ruling, and rightly so. The Urgenda decision marks the first time ever that a court has ordered a government of the day to curb a State’s greenhouse gas (GHG) emissions. Globally, it is also the first case in which the tort of negligence has been successfully used to hold a State liable for its failure to adequately mitigate climate change. This case commentary begins by briefly setting out some background on climate litigation. It then sets out the facts of the case and analyses key aspects of the decision. It concludes with some remarks about the significance of the decision.
Persistent Identifierhttp://hdl.handle.net/10722/211522
ISSN
2015 SCImago Journal Rankings: 0.198
SSRN

 

DC FieldValueLanguage
dc.contributor.authorLin, JSW-
dc.date.accessioned2015-07-16T04:33:40Z-
dc.date.available2015-07-16T04:33:40Z-
dc.date.issued2015-
dc.identifier.citationClimate Law, 2015, v. 5 n. 1, p. 65-81-
dc.identifier.issn1878-6553-
dc.identifier.urihttp://hdl.handle.net/10722/211522-
dc.description.abstractOn 24 June 2015, the Hague District Court issued the long-awaited judgment in the case of Urgenda Foundation v the State of the Netherlands. The decision has been heralded as a historical landmark ruling, and rightly so. The Urgenda decision marks the first time ever that a court has ordered a government of the day to curb a State’s greenhouse gas (GHG) emissions. Globally, it is also the first case in which the tort of negligence has been successfully used to hold a State liable for its failure to adequately mitigate climate change. This case commentary begins by briefly setting out some background on climate litigation. It then sets out the facts of the case and analyses key aspects of the decision. It concludes with some remarks about the significance of the decision.-
dc.languageeng-
dc.publisherBrill Nijhoff. The Journal's web site is located at http://www.brill.com/products/journal/climate-law-
dc.relation.ispartofClimate Law-
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.subjectClimate Change-
dc.subjectTort-
dc.subjectEnvironmental Law-
dc.subjectUnited Nations Framework Convention on Climate Change-
dc.subjectHuman Rights-
dc.titleThe First Successful Climate Negligence Case: A Comment on Urgenda Foundation v. The State of the Netherlands (Ministry of Infrastructure and the Environment)-
dc.typeArticle-
dc.identifier.emailLin, JSW: jolene@hku.hk-
dc.identifier.authorityLin, JSW=rp01262-
dc.description.naturepreprint-
dc.identifier.hkuros247010-
dc.identifier.spage65-
dc.identifier.epage81-
dc.publisher.placeNetherlands-
dc.identifier.ssrn2626113-
dc.identifier.hkulrp2015/021-

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