Affaire Urgenda

Maëssa FRIKH

Climate Case : State of Netherlands VS Urgenda

2012 - 2019

Context

The case began in 2013 with a lawsuit against the government by the foundation, accusing the government of failing to meet the minimum greenhouse gas emissions reduction target set by scientists to avoid climate change.

Urgenda Foundation

The Urgenda Foundation : a Dutch organization dedicated to the transition to a sustainable society in the Netherlands, with a focus on the transition to a circular economy using only renewable energies. Created in 2007. Head office in Amsterdam.

Why is the Urgenda case so important?

The beginning of the case

• 2012 : Foundation write to the dutch government to remind it of its duty

--> Reduce greenhouse gas emissions by the end of 2020.

Focus

Gaseous components that absorb infrared radiation emitted by the earth's surface. It's a natural process. • water vapor (H20), • carbon dioxide (C02), • methane (CH4), • nitrous oxide (N2O), • ozone (O3). They're contributing to the greenhouse effect. The increase in their concentration in the Earth's atmosphere is one of the factors behind global warming.

A disappointing response

• Large number of demonstrations organized.

• Complaint against the state a year later.

• Arguments : Global warming threatens right of life, Article 2 of European Convention on Human Rights (ECHR)

Judge's response

• Dutch greenhouse gas reduction too low in relation to the Constitution, reduction targets set by European Union, principles evoked in the ECHR, principles of equity, sustainability in the UNFCC.

• Court rules in favor of the environnemental activists.

Based on international treaties

UNFCCC, Kyoto Protocol and Doha amendment

UNFCCC The United Nations Framework Convention on Climate Change Entered into force in 1994 197 Parties Objective : "stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system"

Kyoto Protocol International agreement to reduce greenhouse gas emissions Adopted in Japan on December 11, 1997 Entered into force in 2005 Application of the principles of "common but differentiated responsibilities" and of “historical responsibility”

Doha Amendment 2012 The amendment sets a greenhouse gas emissions reduction target of 18% below 1990 levels for participating countries.

The State lodged an appeal and to the Dutch Supreme Court, and lost again.

Supreme Court's decision

After 5 years of proceedings, on December 20, 2019, the Dutch Supreme Court rejected the State's cassation appeal against the Court of Appeal's ruling. "Netherlands had acted illegally, violated articles 2 and 8 of the ECHR" The Dutch government was then required to meet a target of reducing greenhouse gas emissions by 25% by the end of 2020. The Urgenda Foundation wins the case.

A global echo

1st time --> State has obligation to comply with global greenhouse gas reduction targets. The consequences extend beyond Nertherland's borders. All over the world, citizens are taking legal action to guarantee their fundamental rights in the face of climate change. For example, in the "Affaire du Siècle" --> affair of the century, administered by numerous French non-governmental organizations such as Greenpeace and Oxfam France. Organizations and citizens mobilized to denounce the French government's climate inaction. And they won, France has been ordered to repair its ecological damage by the end of 2022.

This case has allowed for other associations to condemn the perpetrators of global warming, who are mainly corporations and governments

The Urgenda case was the first in which a government was condemned for climate inaction by an association.

Thank you for listening to me!