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Article

Access_open Restraint as a Source of Judicial ‘Apoliticality’

A Functional Reconstruction

Journal Netherlands Journal of Legal Philosophy, Issue 2 2020
Keywords Urgenda, Miller v. Secretary of State, Norm of judicial apoliticality, Ronald Dworkin, Judicial restraint
Authors Maurits Helmich
AbstractAuthor's information

    Few legal theorists today would argue that the domain of law exists in isolation from other normative spheres governing society, notably from the domain of ‘politics’. Nevertheless, the implicit norm that judges should not act ‘politically’ remains influential and widespread in the debates surrounding controversial court cases. This article aims to square these two observations. Taking the Miller v. Secretary of State and Urgenda cases as illustrative case studies, the article demonstrates that what it means for judges to adjudicate cases ‘apolitically’ is itself a matter of controversy. In reflecting on their own constitutional role, courts are forced to take a stance on substantive questions of political philosophy. Nevertheless, that does not mean that the ‘norm of judicial apoliticality’ should therefore be rejected. The norm’s coherence lies in its intersocial function: its role in declaring certain modes of judicial interpretation and intervention legitimate (‘legal’/‘judicial’) or illegitimate (‘political’).


Maurits Helmich
Maurits Helmich is promovendus aan de afdeling Sociologie, Theorie en Methodologie van het Recht aan de Erasmus Universiteit Rotterdam.
Article

Urgenda to Be Followed

Will the Courts Be the Last Resort to Prevent Dangerous Climate Change?

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2020
Keywords climate change, Urgenda, Paris Agreement, effort sharing, IPCC
Authors András Huszár
AbstractAuthor's information

    The fight against climate change has reached new battlegrounds. National courts have become the stage where individuals and communities are trying to force Governments or other public and private legal entities to do more. After more than four years of legal battle, the Dutch Supreme Court has settled perhaps one of the most well-known climate cases in literature so far: Urgenda Foundation v. the State of the Netherlands. The essence of the judgment is that the Dutch Government was ordered to comply with the greenhouse gas emission reduction target deemed necessary by the international community. The way in which the Court has arrived at this conclusion in terms of the concrete obligation is questionable. While the ruling is based on various legal bases, the present article examines solely the arguments derived from international climate law and science. To that end it elaborates on the challenges of establishing the substance of a legally binding obligation for individual states concerning mitigation, it analyzes the nature of joint mitigation efforts, it looks at reports of the Intergovernmental Panel on Climate Change used as evidence in court procedures, and finally, it explores the possible future of climate litigation in light of the legally binding ‘ultimate’ goal of climate policy introduced by the Paris Agreement.


András Huszár
András Huszár: PhD student, National University of Public Service, Budapest; founder and director, Green Policy Center.
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.
Editorial

Legal, Ethical and Economical Impacts of Intergenerational Equity (Editorial Comments)

Foreword to Vol. 7 (2019) of the Hungarian Yearbook of International Law and European Law

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Authors Marcel Szabó
Author's information

Marcel Szabó
Editor-in-chief; professor of law, Pázmány Péter Catholic University, Budapest; justice, Constitutional Court of Hungary.
Article

Access_open Consumer Social Responsibility in Dutch Law

A Case Study on the Role of Consumers in Energy Transition

Journal Erasmus Law Review, Issue 4 2019
Keywords consumer, energy transition, social responsibility, Dutch law, EU law
Authors Katalin Cseres
AbstractAuthor's information

    As our economies continue to focus on growth, competition and maximisation of consumer choice, the global increase in consumption takes vast environmental and social costs and cause irreversible harm to our climate and environment. The urgency of reducing human footprint and to diminish one of the root causes of a declining climate and environment is irrefutable. In the shift that globally has to take place, a decentralised energy system relying on more distributed generation, energy storage and a more active involvement of consumers form a crucial component of renewable energy solutions. The move from a highly centralised to a more decentralised power system involves an increasing amount of small-scale (intermittent) generation from renewable energy which is located closer to the point of final consumption. In order to steer consumption towards sustainability national governments and supranational organisations have adopted policies and corresponding legislation that address individual consumers as rational and active choice-makers who make socially responsible choices when they receive the ‘right’ amount of information. By relying on insights from modern consumption theories with contributions from sociology, this article questions the effectiveness and legitimacy of these ‘consumer-centred’ policies and laws. First, the article argues that the single focus on individual consumer behaviour as a rational and utility maximising market actor fails to take into account the complexity of consumption, which is fundamentally influenced by social norms and its broader institutional setting. Although consumers are willing to consume more sustainably, they are often ‘locked in by circumstances’ and unable to engage in more sustainable consumption practices even if they want to. Second, by relying on evidence from sociological studies the article argues that individual consumers are not the most salient actors in support of sustainable consumption. Even though the urgency of the energy transition and the critical role consumers play in (un)sustainable energy consumption is acknowledged in both the EU and its Member States, their laws and policies remain grounded on goals of economic growth with competitive economies, the sovereignty of consumer choice and wealth maximisation, instead of aiming at slower economic growth or even degrowth, reducing overall resource use and consumption levels and introducing radically different ways of consumption.
    Third, the role of law is underlined as a social institution both as a constraint on the autonomous acts of consumption, dictating the normative frameworks within which the role of consumer is defined, and as a facilitator which consumers might also employ, in order to determine for themselves particular normative parameters within which consumption can occur.
    The Netherlands, which serves as a case study in this article, has reached important milestones in its energy transition policy since 2013. Still, it remains strongly focused on economic rationality and market competitiveness. Even though various models of consumer participation exist and local consumer energy initiatives are flourishing and are recognised as key actors in the energy transition, they remain embedded in institutional, structural and behavioural settings where consumers still face challenging sociocultural barriers to sustainable practices.
    In light of these legal, political and social complexity of energy transition, the article offers a critical analysis of the current Dutch law in its broader legal context of EU law in order to answer the question what the role of (energy) law is in steering consumers towards sustainable energy consumption.


Katalin Cseres
Katalin Cseres is Associate Professor of Law, Amsterdam Centre for European Law & Governance (ACELG), University of Amsterdam.
Article

Responses to Climate Change in Bangladesh

An Appraisal

Journal European Journal of Law Reform, Issue 2 2016
Keywords climate change, adaptation, Bangladesh, impacts, vulnerability
Authors Nour Mohammad
AbstractAuthor's information

    Climate change is a global problem. The impacts of climate change are worldwide. It’s not only detrimental for developing countries but also harmful for developed countries. Bangladesh is recognized as one of the countries most vulnerable to and affected by the impacts of climate change and global warming. This is due to its geographical location, geo-morphological conditions, low elevation from the sea, density of population, poverty, and remarkable dependence on nature, as well as its resources and services. As a developing country, Bangladesh is least responsible for the GHGs emission and an innocent victim of adverse impacts of climate change. This article explores the situation of climate change, its various causes and the impacts faced by the developing countries, in particular Bangladesh. The author aims to highlight how to reduce the causes of climate change for developing countries and the obligations of developed countries to combat the climate change under the existing international legal framework.


Nour Mohammad
Assistant Professor of Law, Premier University, Chittagong, Bangladesh.

András Huszár
Climate law expert.

Shripad Jagdale
Advocate Bombay High Court, Prospective Member IISL, Ground Floor, Old Oriental Bldg, 65 M.G.Road, Fountain, Mumbai, India 400001

K.R. Sridhara Murthi
K.R. Sridhara Murthi, Director, IIAEM, Jain University, Jain Global Campus, Jakkasandra post, Kanakapura Taluk

V. Gopalakrishnan
V. Gopalakrishnan, Policy Analyst, ISRO Head Quarters, Antariksh Bhavan, New BEL Road, Bangalore

José Monserrat Filho
Brazilian Space Agency (AEB), Brazilian Association of Air and Space Law (SBDA), Brazilian Society for the Advancement of Science (SBPC), Rio de Janeiro, RJ, Brazil
Article

Access_open Can Corporate Law on Groups Assist Groups to Effectively Address Climate Change?

A Cross-Jurisdictional Analysis of Barriers and Useful Domestic Corporate Law Approaches Concerning Group Identification and Managing a Common Climate Change Policy

Journal The Dovenschmidt Quarterly, Issue 3 2014
Authors Tineke Lambooy and Jelena Stamenkova van Rumpt
Author's information

Tineke Lambooy
Tineke Lambooy is Professor Corporate Law at Nyenrode Business University and Associate Professor Corporate Social Responsibility at Utrecht University.

Jelena Stamenkova van Rumpt
Jelena Stamenkova van Rumpt, LLM, is Advisor Responsible Investment at PGGM (Dutch Asset Manager for Pension Funds).
Article

Access_open Report of the Roundtable

Journal International Institute of Space Law, Issue 7 2013
Authors Isabelle Duvaux-Béchon

Isabelle Duvaux-Béchon
Article

Access_open Climate Change

A Major Challenge and a Serious Threat to Enterprises

Journal The Dovenschmidt Quarterly, Issue 1 2013
Keywords volgt
Authors Elbert R. de Jong and Jaap Spier
AbstractAuthor's information

    volgt


Elbert R. de Jong
Elbert de Jong is PhD candidate at the Molengraaff Institute for Private Law, Utrecht University.

Jaap Spier
Jaap Spier is Advocate-General in the Supreme Court of The Netherlands and Honorary Professor at Maastricht University.
Essay

Heeft het klimaat nood aan consensus?

Pleidooi voor een politiek van het denkbare

Journal Res Publica, Issue 4 2011
Keywords UN climate policy, constructivism, politics of the imaginable, politics of science, post-politics, matter of concern
Authors Gert Goeminne
AbstractAuthor's information

    In this essay, I argue that the alleged failure of the Copenhagen climate summit in December 2009, rather than labelling it as the collapse of climate politics, should be embraced as an essential political fact. Admittedly, Copenhagen was a failure, albeit of a populist consensual policy practice that invokes an apocalyptic doomsday scenario to make everybody toe the neo-liberal line. In my view, consensus-driven UN policy is running into its own limits as was clearly illustrated at the climate summit in Cancun (December 2010) where the blame was pinned on Bolivia for its fierce resistance against a weak agreement. The time has come to revive the climate and, by extension, the environment as a matter of genuine political concern, open to struggle and contestation, in this way constituting an essential component of social change.


Gert Goeminne
Gert Goeminne is als postdoctoraal onderzoeker van het FWO-Vlaanderen verbonden aan het Centrum Leo Apostel (VUB) en het Centrum voor Duurzame Ontwikkeling (UGent). In zijn onderzoek focust hij op de relatie tussen wetenschap en democratie.
Article

Monitoring the Kyoto Protocol: Greenhouse Gases Observation & the Global Forest Carbon Monitoring System

2008 IISL-ECSL Space Law Symposium Held on the Occasion of the 47th Session of the Legal Subcommittee of UNCOPUOS in Vienna, Austria: "Legal Implications of Space Applications for Global Climate Change"

Journal International Institute of Space Law, Issue 8 2008
Authors M. Onoda

M. Onoda
Article

Report of the Symposium

2008 IISL-ECSL Space Law Symposium Held on the Occasion of the 47th Session of the Legal Subcommittee of UNCOPUOS in Vienna, Austria: "Legal Implications of Space Applications for Global Climate Change"

Journal International Institute of Space Law, Issue 8 2008
Authors G.M. Goh

G.M. Goh
Article

Legal Features of the Climate Change Convention: from Kyoto to Bali

2008 IISL-ECSL Space Law Symposium Held on the Occasion of the 47th Session of the Legal Subcommittee of UNCOPUOS in Vienna, Austria: "Legal Implications of Space Applications for Global Climate Change"

Journal International Institute of Space Law, Issue 8 2008
Authors G. Loibl

G. Loibl
Article

Remote Sensing in an Era of Global Warming

Legal Aspects of Satellite Applications: Navigation and Remote Sensing

Journal International Institute of Space Law, Issue 4 2007
Authors C.Q. Christol

C.Q. Christol
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