Abstract
The level of emissions reduction in a specific country, and the pathways for achieving those reductions, are primarily political questions. Courts are tasked with controlling the lawfulness of governmental decision-making, such as regarding the punishment of non-compliant emitters. However, given the complexity and uncertainty in climate science, and the many interests affected by emissions reduction policies, courts are not equipped to replace political decision-making. While judicial adjudication based on human rights is important to protect citizens against the harmful effects of climate change, it becomes questionable when judges approve claims prescribing economy-wide emissions reduction targets. An activist international court may see rebound effects weakening its power, including countries withdrawing from its jurisdiction.
Original language | English |
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Title of host publication | Contemporary Climate Change Debates |
Subtitle of host publication | A student primer |
Editors | M. Hulme |
Pages | 197-206 |
ISBN (Electronic) | 978-04-2944-625-2 |
Publication status | Published - 2019 |