Climate Action as Positive Human Rights Obligation: The Appeals Judgment in Urgenda v The Netherlands

On 9 October 2018, The Hague Court of Appeal confirmed the first instance judgement rendered in the world-famous Urgenda case: the Dutch State commits a tort by setting a goal for greenhouse gas emissions reduction of only 20% by the end of 2020, compared to 1990 levels. The State is ordered to raise this goal to at least 25%. Both judgments are heavily criticised by constitutional and administrative law scholars. Most of this critique is ultimately linked to the objection that the Courts overstepped their task in the constitutional separation of powers. With this objection the State also take... Mehr ...