Work

Domestic Courts and the Paris Agreement's Climate Goals: The Need for a Comparative Approach

Year: 2019

Type: article

Abstract: Domestic courts enjoy generous attention in international political and legal climate change literature. As a result of the reluctance of national governments to pursue climate protection measures, courts are called on to enforce international climate goals. This article assesses two domestic climate change cases (theThabametsi Caseand theVienna Airport Case) in the light of Anthea Roberts’ functional understanding of the role of domestic courts in international law. It argues that domestic courts play a pivotal role in linking international obligations of conduct with national obligations of result. This role depends on domestic contexts and, therefore, requires a comparative approach.

Source: Transnational Environmental Law

DOI: 10.1017/s2047102519000256

Author: Anna-Julia Saiger

Institution: Humboldt-Universität zu Berlin

Language: English

Topic: Environmental law and policy

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDGs: Peace, justice, and strong institutions, Climate action

Open Access status: hybrid

Estimated APC paid: $2,980