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The networks of human rights and climate change: The State of the Netherlands v Stichting Urgenda, Supreme Court of the Netherlands, 20 December 2019 (19/00135)

Lookup NU author(s): Professor Ole Pedersen

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This is the authors' accepted manuscript of an article that has been published in its final definitive form by Sage Publications Ltd., 2020.

For re-use rights please refer to the publisher's terms and conditions.


Abstract

Climate change litigators are increasingly relying on a range of different jurisdictional avenues and legal regimes. The recent Urgenda decision by the Dutch Supreme Court provides a surprisingly rare snapshot of the relevance of human rights law to climate change litigation. Focusing on the Supreme Court's reliance on the environmental rights case law from the ECHR, this case note argues that climate change and human rights adjudications takes the form of an adjudicatory network. This network creates spaces for domestic courts to develop contingent responses to emerging climate change claims.


Publication metadata

Author(s): Pedersen OW

Publication type: Article

Publication status: Published

Journal: Environmental Law Review

Year: 2020

Volume: 22

Issue: 3

Pages: 227-234

Print publication date: 01/09/2020

Online publication date: 14/10/2020

Acceptance date: 13/10/2020

Date deposited: 14/10/2020

ISSN (print): 1461-4529

ISSN (electronic): 1740-5564

Publisher: Sage Publications Ltd.

URL: https://doi.org/10.1177/1461452920953655

DOI: 10.1177/1461452920953655


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