Chapter 14: Adjudication

Recommended materials

Philippe Sands, “Climate Change and the Rule of Law: Adjudicating the Future in International Law” (2016) 28:1 Journal of Environmental Law 19

Daniel Bodansky, “The Role of the International Court of Justice in Addressing Climate Change: Some Preliminary Reflections” (2017) 49:2 Arizona State Law Journal 689

Brian J. Preston, “The Contribution of the Courts in Tackling Climate Change” (2016) 28:1 Journal of Environmental Law 11

Supplementary materials

District Court of the Hague, Urgenda Foundation v. The State of the Netherlands, judgment of 24 June 2015 (unofficial translation)

High Court of Lahore, Ashgar Leghari v. Federation of Pakistan, order of 14 September 2015

Latest materials

Indigenous Environmental Network v US Department of State, District Court of Montana, 8 November 2018 (XL Pipeline case)

https://int.nyt.com/data/documenthelper/477-keystone-pipeline-ruling/65a3e8e6f46749f49942/optimized/full.pdf#page=1

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The Netherlands vs. Urgenda

The well anticipated judgment of the Hague Court of Appeal in the case of The Netherlands vs. Urgenda has given right to Urgenda. The Netherlands must, based on its duty of care, ensure that national greenhouse gas emissions are reduced by at least 25% by 2020. This is a remarkable development. Bravo! https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHDHA:2018:2610

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In the news

Judge Blocks Disputed Keystone XL Pipeline in Setback for Trump

https://www.nytimes.com/2018/11/09/climate/judge-blocks-keystone-pipeline.html

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Judge Throws Out New York Climate Lawsuit

https://www.nytimes.com/2018/07/19/climate/climate-lawsuit-new-york.html

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California Sues Trump Administration Over Car Emissions Rules

"A coalition led by California sued the Trump administration over car emissions rules on Tuesday, escalating a revolt against a proposed rollback of fuel economy standards that threatens to split the country’s auto market." https://www.nytimes.com/2018/05/01/climate/california-sues-trump-administration.html

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