Quite a few (Belgian) lawyers are choking on the rulings in amongst others the Belgian and Dutch climate cases. Especially the Shell verdict is weighing heavily on their minds.
That a government is considered to have failed in its duty of care by not imposing sufficient reduction targets to slow down and stop the global warming of the planet by greenhouse gas emissions, has by some been considered reproachable judicial activism.
Imposing reduction targets on a private company based on liability rules, as in the Shell case, is a bridge too far.
Or not?
On 18/10/22 Régine Feltkamp will together with Prof. em. Ludo Cornelis explain how they believe various contract law mechanisms (not only liability rules) can indeed be used by lawyers to enforce the transition to a more sustainable living for current and future generations.
Both Régine Feltkamp and Ludo Cornelis have written several articles on the subject that are available on law.backontrack.org.