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Article

The Case Between Urgenda and the State of the Netherlands

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2020
Keywords climate change, public interest litigation, human rights, ECHR, Netherlands
Authors Otto Spijkers
AbstractAuthor's information

    The Supreme Court of the Netherlands held that the Netherlands’ Government must ensure that, by the end of 2020, greenhouse gas emission levels from the Netherlands are at least a quarter below 1990 levels, otherwise the rights to life and wellbeing, as guaranteed under Articles 2 and 8 ECHR respectively, of the people in the Netherlands are breached. In doing so, the Supreme Court affirmed the reasoning and ruling of the Appeals Court, and distanced itself from the reasoning of the District Court, which was primarily based on domestic tort law.


Otto Spijkers
Otto Spijkers: professor of law, China Institute of Boundary and Ocean Studies (CIBOS) of Wuhan University.

Ottavio Quirico
Lecturer, School of Law, University of New England, New South Wales, Australia.

Claus Ott
Claus Ott is Professor Emeritus, University of Hamburg, Faculty of Law, Judge (ret.) at the Hanseatic Court of Appeals.

Hans-Bernd Schäfer
Hans-Bernd Schäfer is Professor of Economics, Bucerius Law School, Hamburg. For their valuable comments, the authors wishes to thank Roger Van den Bergh and Thomas Eger and the participants of the Mestmäcker colloqium on the autonomist vs. the welfarist concept of law at the Max Planck Institute Hamburg and the Institute of Law and Economics, University of Hamburg, in July 2008.

Pauline Otten
Pauline Otten, LL.M is the Managing Editor at the Hague Justice Portal.
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