Too big to trial? Lessons from the Urgenda case

Loth, Marc

doi:10.1093/ulr/uny015

Cited by 4 publications

(2 citation statements)

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“…The novelty of the issue and its obvious public dimension make it necessary for plaintiffs and courts to stretch traditional tort law categories (Taylor 2018, 83;Loth 2018). These issues have already attracted great scholarly attention; I will sketch them briefly here because they are examples of the cutting-edge territories this litigation goes through.…”

Section: Climate Litigation and Tort Law: Challenges And Opportunitiesmentioning

confidence: 99%

The Legal Form of Climate Change Litigation: An Inquiry into the Transformative Potential and Limits of Private Law

Fornasari

2024

JLPE

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This article analyzes the impact of climate change litigation on the form of private law, contributing to our understanding of the transformative potential and limits of private law. I argue that climate change litigation breaks the homology between the commodity form and the legal form, to surprisingly antisystemic effect. Developing this argument, I make three distinct contributions. First, I demonstrate that the legal form of climate change litigation is incompatible with the rationale of capital accumulation. Second, I update the commodity form theory of law elaborated by Pašukanis to conceptualize the transformations of European private law systems that have been unfolding for some decades, which I tentatively label "private law for the age of monopoly capitalism" (PLAMC). Third, I contend that climate change litigation departs from the rationale of PLAMC and that in these cases the legal form does not replicate the commodity form. This rare dissociation creates antisystemic potential.

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Section: Climate Litigation and Tort Law: Challenges And Opportunitiesmentioning

confidence: 99%

The Legal Form of Climate Change Litigation: An Inquiry into the Transformative Potential and Limits of Private Law

Fornasari

2024

JLPE

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“…The issue of civil litigation in pursuit of environmental protection is also the focus of Benoit Mayer's reflections on the recent Court of Appeal decision in the Urgenda case in the Netherlands. 44 In 2015, the court of first instance ruled that, when interpreting the state's duty of care under Dutch tort law, the government's international obligations need to be taken into account, 45 including the 'no harm' principle of international law and measures taken as a European Union (EU) Member State. The ruling was considered a victory for environmentalists, exposing the Dutch government to tort liability for its perceived failure to adopt sufficiently ambitious climate change mitigation policies.…”

Section: Justice Resilience and Empowerment In Global And Local Contmentioning

confidence: 99%

Protecting the Tangible and Intangible Values of Transnational Environmental Spaces

Etty¹,

Heyvaert²,

Carlarne

et al. 2019

TEL

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Environmental policy and law walk a tightrope between preserving present and future environmental resources while allowing for their exploitation in the interest of socioeconomic development. This raises fundamental and complex questions regarding the weight to be given to current and future economic gain, environmental protection, and the interests of different peoples affected by this interplay. At the transnational level, these challenges are compounded by the absence of clear and targeted political accountability for any trade-offs struck by an increasingly diversified range of decision makers operating at different scales of government. Depending on one's views regarding the balance between environmental exploitation and protection, this may be considered a very positive development; the rise of new actors within transnational environmental law means greater possibility for inclusion, representation and legitimacy. Moreover, it provides alternatives to processes that may have stalled as a result of political inertia or stand-offs at the national or international level. However, accommodating these processes within the existing legal and political framework presents its own difficulties. As transnational environmental law matures, our thoughts on these issues, and the processes that accompany them, continue to evolve accordingly. In this issue of TEL, two different ways of thinking about, and addressing, this changing reality and its challenges for the protection of the environment are presented. The first three articles by

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Climate Litigation, Politics and Policy Change: Lessons from Urgenda and Climate Case Ireland

O'Neill

Alblas

2020

Palgrave Studies in Media and Environmental Communication

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Too big to trial? Lessons from the Urgenda case

Cited by 4 publications

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The Legal Form of Climate Change Litigation: An Inquiry into the Transformative Potential and Limits of Private Law

The Legal Form of Climate Change Litigation: An Inquiry into the Transformative Potential and Limits of Private Law

Protecting the Tangible and Intangible Values of Transnational Environmental Spaces

Climate Litigation, Politics and Policy Change: Lessons from Urgenda and Climate Case Ireland

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