What is it about?
This chapter examines climate cases that are brought against states requesting emission reduction targets. When courts rely on international and regional norms they vest them with authority. Often, later cases replicate successful legal arguments and strategies of earlier cases. When courts refer to each other's judgments and use similar reasonings this adds to the authority on these cases and their reasoning. The chapter pays particular attention to the influence of European Union law, the European Convention on Human Rights (ECHR), and international law.
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Why is it important?
Climate change is the greatest challenge of our times. Thus far, policymakers have insufficiently responded to this challenge. Courts offer an alternative pathway to strengthen climate policy.
Perspectives
In times of increasing climatic and political pressures, strategic climate litigation may be an ambivalent hope to speak truth to power. Our research aims to disperse some of this fog of ambivalence.
Christina Eckes
University of Amsterdam
Read the Original
This page is a summary of: Constitutionalising Climate Mitigation Norms in Europe, February 2024, Brill,
DOI: 10.1163/9789004693722_005.
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