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The influence of climate litigation on managing climate change risks: the pioneering work of the Netherlands courts

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Article

Spijkers, Otto

Utrecht Law Review

2022

18

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127-144

climate change ; risk management ; responsibility ; judicial decision ; European Convention on Human Rights

Netherlands

Law

https://doi.org/10.36633/ulr.801

English

Bibliogr.

"This paper analyses the way in which the responsibility for managing climate change risks is addressed by the Dutch courts in the Urgenda and Shell cases. A foundation called Urgenda initiated proceedings against the State of the Netherlands; followed by Milieudefensie (Friends of the Earth Netherlands) initiating proceedings against Shell, a multinational oil corporation with, at the time, its headquarters still in the Netherlands. This paper looks at both these examples of climate litigation, with a focus on what the courts had to say about responsibilities for managing climate change risks."

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