‘The Power of Open Norms: Milieudefensie et al v Royal Dutch Shell

“In a judgement of 26 May, the District Court of the Hague found that Royal Dutch Shell (RDS) has an ‘individual responsibility’ (4.4.13, 4.4.52) to limit its carbon emissions by at least 45 percent by 2030, in comparison to 2019 levels (for a summary and a commentary on the decision, see here). The legal ground for this decision was Dutch tort law, and specifically the standard of care, which stipulates that ‘acting in conflict with what is generally accepted according to unwritten law is unlawful’ (Book 6 Section 162 Dutch Civil Code). In its interpretation of the unwritten standard of care, the Court considered, among others, the right to life and the right to respect for private and family life of Dutch residents under the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) …” (more)

[Ioannis Kampourakis, Verfassungsblog, 15 June]

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