Significance of the case of Urgenda for the development of climate litigations in Europe

The article comprehensively analyses the case of Urgenda v. the Netherlands as the first successful climate litigation in Europe. The article analyses the arguments on which the Dutch courts established state responsibility for human rights violations caused by the failure of the state in the implem...

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Autor principal:	Tintor Ljubomir Z.
Formato:	article
Lenguaje:	EN HR SR
Publicado:	Institute of Comparative Law, Belgrade 2021
Materias:	climate change climate litigation the urgenda case human rights european convention on human rights Law of Europe KJ-KKZ Comparative law. International uniform law K520-5582
Acceso en línea:	https://doaj.org/article/ca530c831eab4026912acc0173925e6f
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spelling	oai:doaj.org-article:ca530c831eab4026912acc0173925e6f2021-12-05T21:33:55ZSignificance of the case of Urgenda for the development of climate litigations in Europe0039-21382620-112710.5937/spz65-31054https://doaj.org/article/ca530c831eab4026912acc0173925e6f2021-01-01T00:00:00Zhttps://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2021/0039-21382102249T.pdfhttps://doaj.org/toc/0039-2138https://doaj.org/toc/2620-1127The article comprehensively analyses the case of Urgenda v. the Netherlands as the first successful climate litigation in Europe. The article analyses the arguments on which the Dutch courts established state responsibility for human rights violations caused by the failure of the state in the implementation of policies to combat climate change. The significance of this case is pointed out not only for Dutch, but also for international law. The second part of the article will show how the Urgenda case affected climate litigation that began to appear before national courts across Europe. Through a comparative analysis of cases, it will be pointed out that there is uneven case law in climate litigation before national courts. It will be seen how the Urgenda case had an impact on the initiation of climate disputes and before the European Court of Human Rights. Particular attention is paid to the issue of the connection between the impact of climate change and the torture caused by the harmful effects of global warming, which was initiated before the European Court of Human Rights in Strasbourg. At the end of the article, the perspective of climate litigation is considered.Tintor Ljubomir Z.Institute of Comparative Law, Belgradearticleclimate changeclimate litigationthe urgenda casehuman rightseuropean convention on human rightsLaw of EuropeKJ-KKZComparative law. International uniform lawK520-5582ENHRSRStrani pravni život, Vol 2021, Iss 2, Pp 249-265 (2021)
institution	DOAJ
collection	DOAJ
language	EN HR SR
topic	climate change climate litigation the urgenda case human rights european convention on human rights Law of Europe KJ-KKZ Comparative law. International uniform law K520-5582
spellingShingle	climate change climate litigation the urgenda case human rights european convention on human rights Law of Europe KJ-KKZ Comparative law. International uniform law K520-5582 Tintor Ljubomir Z. Significance of the case of Urgenda for the development of climate litigations in Europe
description	The article comprehensively analyses the case of Urgenda v. the Netherlands as the first successful climate litigation in Europe. The article analyses the arguments on which the Dutch courts established state responsibility for human rights violations caused by the failure of the state in the implementation of policies to combat climate change. The significance of this case is pointed out not only for Dutch, but also for international law. The second part of the article will show how the Urgenda case affected climate litigation that began to appear before national courts across Europe. Through a comparative analysis of cases, it will be pointed out that there is uneven case law in climate litigation before national courts. It will be seen how the Urgenda case had an impact on the initiation of climate disputes and before the European Court of Human Rights. Particular attention is paid to the issue of the connection between the impact of climate change and the torture caused by the harmful effects of global warming, which was initiated before the European Court of Human Rights in Strasbourg. At the end of the article, the perspective of climate litigation is considered.
format	article
author	Tintor Ljubomir Z.
author_facet	Tintor Ljubomir Z.
author_sort	Tintor Ljubomir Z.
title	Significance of the case of Urgenda for the development of climate litigations in Europe
title_short	Significance of the case of Urgenda for the development of climate litigations in Europe
title_full	Significance of the case of Urgenda for the development of climate litigations in Europe
title_fullStr	Significance of the case of Urgenda for the development of climate litigations in Europe
title_full_unstemmed	Significance of the case of Urgenda for the development of climate litigations in Europe
title_sort	significance of the case of urgenda for the development of climate litigations in europe
publisher	Institute of Comparative Law, Belgrade
publishDate	2021
url	https://doaj.org/article/ca530c831eab4026912acc0173925e6f
work_keys_str_mv	AT tintorljubomirz significanceofthecaseofurgendaforthedevelopmentofclimatelitigationsineurope
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Significance of the case of Urgenda for the development of climate litigations in Europe

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