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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)
Title | The First Successful Climate Negligence Case: A Comment on Urgenda Foundation v. The State of the Netherlands (Ministry of Infrastructure and the Environment) |
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Authors | |
Keywords | Climate Change Tort Environmental Law United Nations Framework Convention on Climate Change Human Rights |
Issue Date | 2015 |
Publisher | Brill 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? |
Abstract | On 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 Identifier | http://hdl.handle.net/10722/211522 |
ISSN | 2023 Impact Factor: 0.9 2023 SCImago Journal Rankings: 0.304 |
SSRN |
DC Field | Value | Language |
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dc.contributor.author | Lin, JSW | - |
dc.date.accessioned | 2015-07-16T04:33:40Z | - |
dc.date.available | 2015-07-16T04:33:40Z | - |
dc.date.issued | 2015 | - |
dc.identifier.citation | Climate Law, 2015, v. 5 n. 1, p. 65-81 | - |
dc.identifier.issn | 1878-6553 | - |
dc.identifier.uri | http://hdl.handle.net/10722/211522 | - |
dc.description.abstract | On 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.language | eng | - |
dc.publisher | Brill Nijhoff. The Journal's web site is located at http://www.brill.com/products/journal/climate-law | - |
dc.relation.ispartof | Climate Law | - |
dc.rights | This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. | - |
dc.subject | Climate Change | - |
dc.subject | Tort | - |
dc.subject | Environmental Law | - |
dc.subject | United Nations Framework Convention on Climate Change | - |
dc.subject | Human Rights | - |
dc.title | The First Successful Climate Negligence Case: A Comment on Urgenda Foundation v. The State of the Netherlands (Ministry of Infrastructure and the Environment) | - |
dc.type | Article | - |
dc.identifier.email | Lin, JSW: jolene@hku.hk | - |
dc.identifier.authority | Lin, JSW=rp01262 | - |
dc.description.nature | preprint | - |
dc.identifier.hkuros | 247010 | - |
dc.identifier.spage | 65 | - |
dc.identifier.epage | 81 | - |
dc.publisher.place | Netherlands | - |
dc.identifier.ssrn | 2626113 | - |
dc.identifier.hkulrp | 2015/021 | - |
dc.identifier.issnl | 1878-6553 | - |