Partial liability


“For some, the topic of climate change liability may still seem like nice legal ‘hocus pocus’, useful for academics with too much imagination, but not a tool that realistically could be used to force emitters of greenhouse gases towards preventive measures” (Faure and Peeters 2011, 255).

“Each country is . . . responsible for its own share. That means that a country cannot escape its own share of the responsibility to take measures by arguing that, compared to the rest of the world, its own emissions are relatively limited in scope and that a reduction of its own emissions would have very little impact on a global scale” (Netherlands v Urgenda, summary of §5.61–5.8).

References

Faure and Peeters 2011

Faure, Michael G., and Marjan Peeters, eds. Climate Change Liability. Cheltenham and Northampton, Massachusetts: Edward Elgar Publishing, 2011.

Netherlands v Urgenda 2019

The State of the Netherlands v Urgenda Foundation. The Supreme Court of the Netherlands, 20 December 2019. Available online via Urgenda’s website: https://www.urgenda.nl/wp-content/uploads/ENG-Dutch-Supreme-Court-Urgenda-v-Netherlands-20-12-2019.pdf.