Courts And Climate Change: A Rights-Based Approach To Litigation

The signing of the Paris Agreement in 2015 ushered in a new phase of climate change litigation distinguished by the use of human rights and constitutional law arguments. As we prepare for COP28, in this second insight we highlight the increasing relevance of human rights litigation as it applies to the global challenges posed by climate change...

Introduction

This " rights turn" is increasingly being directed against corporate actors. The claimants in Milieudefensie et al v Royal Dutch Shell plc (still under appeal) argued that Shell has a duty of care to take action to reduce its greenhouse gas emissions. This argument was based on the Dutch Civil Code as further informed by Articles 2 (right to life) and 8 (right to a private life, family life, home, and correspondence) of the European Convention on Human Rights (ECHR). The Hague district court on 26 May 2021 found in favour of the claimants and ordered Shell to reduce its emissions by 45% by 2030 across all