scholarly journals The Urgenda Case in the Netherlands on Climate Change and the Problems of Multilevel Constitutionalism

2020 ◽  
Vol 6 (2) ◽  
pp. 210
Author(s):  
Gerhard Van der Schyff
Keyword(s):  
Climate Change ◽  
The Netherlands ◽  
International Law ◽  
Legal Culture ◽  
The State ◽  
Constitutional Review ◽  
Greenhouse Gasses ◽  
Legal Grounds

This contribution analyses the Urgenda judgments in the Netherlands which ordered the state to reduce the national emissions of greenhouse gasses by 25% by the end of 2020. In arriving at this conclusion, the courts relied heavily on international law, which was applied indirectly and directly to the case. The analysis shows various incongruencies and gaps in the judgments’ legal grounds and reasoning, and suggests that a focus on the Constitution is needed as well in addressing such important issues. This will require long overdue reform of the bar on constitutional review in order to stimulate a strong national legal culture based on the Constitution.

The State of the Netherlands v. Urgenda (Neth. Sup. Ct.)

2020 ◽  
Vol 59 (5) ◽  
pp. 811-848
Author(s):  
André Nollkaemper ◽  
Laura Burgers
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
The Netherlands ◽  
Supreme Court ◽  
International Law ◽  
Greenhouse Gas ◽  
Ghg Emissions ◽  
The State ◽  
European Convention ◽  
The Supreme Court

On December 20, 2019, the Supreme Court of the Netherlands published its judgment in The State of the Netherlands v. Urgenda. The judgment is largely a discussion of questions of Dutch law, but contains several conclusions that are relevant from an international law perspective. In particular, the Court held that on the basis of the European Convention on Human Rights (ECHR), the Netherlands has a positive obligation to take measures for the prevention of climate change and that it was required to reduce its greenhouse gas (GHG) emissions by at least 25 percent by the end of 2020, compared with 1990 levels.

The Impact of Climate Change on States

2021 ◽  
Vol 23 (2-3) ◽  
pp. 115-132
Author(s):  
Łukasz Kułaga
Keyword(s):  
Climate Change ◽  
International Law ◽  
Sea Level Rise ◽  
Sea Level ◽  
The State ◽  
Fundamental Change ◽  
Sea Levels ◽  
Impact Of Climate Change ◽  
Potential Impact ◽  
The Impact

Abstract The increase in sea levels, as a result of climate change in territorial aspect will have a potential impact on two major issues – maritime zones and land territory. The latter goes into the heart of the theory of the state in international law as it requires us to confront the problem of complete and permanent disappearance of a State territory. When studying these processes, one should take into account the fundamental lack of appropriate precedents and analogies in international law, especially in the context of the extinction of the state, which could be used for guidance in this respect. The article analyses sea level rise impact on baselines and agreed maritime boundaries (in particular taking into account fundamental change of circumstances rule). Furthermore, the issue of submergence of the entire territory of a State is discussed taking into account the presumption of statehood, past examples of extinction of states and the importance of recognition in this respect.

scholarly journals Strategies of Climate Change Denial: The case of Thierry Baudet

MaRBLe ◽  
2019 ◽  
Vol 1 ◽  
Author(s):  
Roelien Van der Wel
Keyword(s):  
Climate Change ◽  
The Netherlands ◽  
State Of The Art ◽  
Theoretical Framework ◽  
The State ◽  
Climate Change Denial ◽  
Specific Focus ◽  
English Speaking ◽  
Anglo American

This paper discusses different strategies of climate change denial and focusses on the specific case of Dutch politician Thierry Baudet. Much of the literature concerning climate change denial focusses on Anglo-American cases, therefore more research non-English speaking countries is necessary. The theoretical framework describes the state of the art concerning climate change denialism and its links to occurring phenomena in Western societies and politics such as post-truth and populism. Afterwards, by conducting a deductive analysis of  Thierry Baudet’s climate denialism in the Netherlands, a more thorough understanding of the different strategies proposed by Stefan Rahmstorf  and Engels et al. is reached. Although all four categories are detected in Baudet’s denialism, consensus denial seems to be the most prevalent. The analysis of his usage of the notion of a climate apocalypse, combined with the analysis of his specific focus on consensus denial, broadens the understanding of how climate change denial can relate to populism. 

The UN Council for Namibia vs. Urenco, UCN and the state of the Netherlands

1988 ◽  
Vol 1 (1) ◽  
pp. 25-47 ◽  
Author(s):  
Nico J. Schruver
Keyword(s):  
The Netherlands ◽  
International Law ◽  
The State ◽  
The Status

Nico Schrijver discusses the claim by the UN Council for Namibia against Ultra Centrifuge Nederland, Urenco, and The Netherlands in the case concerning the alleged illegal processing ofNamibian uranium. He analyzes the evolution of international law with respect to Namibia, the status of the UN Council for Namibia, the juridical value of Decree No.I, the contents of the writ of summons as well as the counter-arguments by The Netherlands government.

scholarly journals La regulación de los partidos políticos en Holanda = The Regulation of Political Parties in the Netherlands

2015 ◽  
pp. 577
Author(s):  
Huub Spoormans ◽  
Irene Broekhuijse
Keyword(s):  
Political Parties ◽  
The Netherlands ◽  
International Law ◽  
Legal Regulation ◽  
The State ◽  
The Political ◽  
Derechos Humanos ◽  
Political Scene

This article focuses on the relation between political parties and the state in the Netherlands; a polity where the main actors in the political scene are not even mentioned in the Constitution, and where there is not a specific party act. The authors describe the origins and development of political parties in the Netherlands, and the question of its regulation, together with a general and comparative glimpse to other European democracies. The thesis is that legal regulation took a different route via international law — the ECHR and the CEDAW —, applied by the national courts.Este artículo analiza la relación entre los partidos políticos y el Estado en Holanda; un país en el que los principales actores de la vida pública no están regulados por una ley específica, ni se mencionan en la Constitución. Los autores exponen los orígenes y el desarrollo de los partidos políticos en Holanda, y examinan el problema de su regulación, en el marco de una visión comparada con otros sistemas democráticos europeos. La tesis es que la regulación legal de los partidos siguió un camino distinto del recorrido en Europa, es decir, se realizó a través de la aplicación de normas internacionales, como el Convenio Europeo de Derechos Humanos y la Convención para la Eliminación de todas las Formas de Discriminación contra la Mujer, por los tribunales holandeses.

scholarly journals The Prohibition on Constitutional Review by the Judiciary in the Netherlands in Critical Perspective: The Case and Roadmap for Reform

2020 ◽  
Vol 21 (5) ◽  
pp. 884-903
Author(s):  
Gerhard van der Schyff
Keyword(s):  
The Netherlands ◽  
The State ◽  
Constitutional Change ◽  
Critical Perspective ◽  
Constitutional Review ◽  
Parliamentary System ◽  
State Commission

AbstractParadoxically, at roughly the same time in the Netherlands the amendment bill to introduce constitutional review by the judiciary of acts of parliament lapsed in 2018, the State Commission on the Parliamentary System recommended that such review be introduced. This Article analyzes Dutch exceptionalism on the topic of prohibiting constitutional review and comes to the conclusion that it cannot be justified. Focusing on the nature of constitutional change in the country, the recommendation is made that the quest for reform should start with the courts, and not with the constitutional legislature, as has been the case to date.

scholarly journals The First Successful Climate Negligence Case: A Comment on Urgenda Foundation v. The State of the Netherlands (Ministry of Infrastructure and the Environment)

Climate Law ◽  
2015 ◽  
Vol 5 (1) ◽  
pp. 65-81 ◽  
Author(s):  
Jolene Lin
Keyword(s):  
Climate Change ◽  
The Netherlands ◽  
The State ◽  
District Court ◽  
Law And Policy ◽  
First Case ◽  
The Hague ◽  
Mitigate Climate Change ◽  
Key Aspects ◽  
First Time

On 24 June 2015, the Hague District Court issued a long-awaited judgment in the case of Urgenda Foundation v. The State of the Netherlands. The decision has been heralded as a historical landmark ruling. It marks the first time that a court has ordered a government to curb a state’s greenhouse gas emissions. It is also the first case in which the tort of negligence has been successfully used to hold a state liable for failing to adequately mitigate climate change. This case commentary analyses key aspects of the decision and makes some observations about its significance for climate law and policy.

scholarly journals The role of the judiciary in environmental securitisation. Urgenda Foundation v. The State of the Netherlands

2021 ◽  
Author(s):  
Magdalena Tkaczyk
Keyword(s):  
Climate Change ◽  
The Netherlands ◽  
The State ◽  
Limited Attention ◽  
Legal Obligation ◽  
Dutch Government ◽  
The European Union ◽  
Sense Of Security ◽  
Dangerous Climate Change

Since climate change is broadly recognised as a threat multiplier, the environmental problems are considered in the sense of security. Academic articles are focused on analysing states, international non-governmental organisations, as well as regional entities such as the European Union as securitising actors. Limited attention has been given to the judiciary. This article fills the existing gap. The aim of the research is to analyse how do the Dutch Courts securitise the climate in adjudicating the case Urgenda Foundation v. The State of the Netherlands’, through the lens of the securitisation theory. The implementation of discourse analysis as a research methodology has proved that the Dutch courts have contributed to environmental securitisation by ruling on the legal obligation of the Dutch government to prevent dangerous climate change in order to protect its citizens

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