Abstract
Against the background of the international climate protection aim deriving from the “Paris Agreement” of December 2015, demanding a limitation of global warming to 1,5° Celsius at best, the public discussion and anger on the mid- and longterm consequences of a constantly growing greenhouse effect have clearly risen. Along with that, “climate litigation” has turned into serious means to sue governments for inadequate measures to reach international and domestic climate protection goals. In a line of several legal actions and high court decisions in different countries during the last years is the court order of the Federal German Constitutional Court from March 2021. The judges considered the German Federal Climate Protection Act unconstitutional due to a lack of clearing a reliable legal path to reach the CO2-reduction goals and this decision was seen as a milestone in climate litigation. Combined with the obligation of the state to protect the natural resources by legislation, the court invented the “advance interference-like effect”on future generations and the “intertemporal guarantees of freedom”, two legal figures which could be possibly applied to constitutional law abroad and thus fertilize argumentation in climate litigation outside of Germany, too.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
