State Responsibility for Responding to Climate Change - The implication about french climate litigation cases

Climate change lawsuits are increasing. In the process of Constitutional complaints by the Constitutional Court, judgments on climate change lawsuits in European countries are expected to have an impact. The French Administrative Court also recognized the existence of “ecological damage” caused by climate change and the state's responsibility for it. In this paper, we reviewed ‘Grande-Synthe’ Community case of Council of State(Conseil d’Etat) where local governments are held accountable for the failure of government actions to comply with the climate change agreement of Paris(2015). And administrative tribunal of Paris, in the case of ‘Affair of the Century(l’affaire du siècle)’, recognized the occurrence of ecological damage caused by climate change and the government's liability for it. We reviewed it in detail with the following: Ⅰ. Climate change litigation 1. Administrative Justice courts 2. Constitutional Court Ⅱ. Implication towads Korean Court of Justice 1. Future generation fundmental right 2. Ecological responsability

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Publication Details

Journal
National Public Law Review
Published
2024-08-31
DOI
https://doi.org/10.46751/nplak.2024.20.3.93
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
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article

State Responsibility for Responding to Climate Change - The implication about french climate litigation cases

Heekyung KIM, Hoon JEON
National Public Law Review
Environmental law and policy
article

State Responsibility for Responding to Climate Change - The implication about french climate litigation cases

Heekyung KIM, Hoon JEON
article en

Abstract

Climate change lawsuits are increasing. In the process of Constitutional complaints by the Constitutional Court, judgments on climate change lawsuits in European countries are expected to have an impact. The French Administrative Court also recognized the existence of “ecological damage” caused by climate change and the state's responsibility for it. In this paper, we reviewed ‘Grande-Synthe’ Community case of Council of State(Conseil d’Etat) where local governments are held accountable for the failure of government actions to comply with the climate change agreement of Paris(2015). And administrative tribunal of Paris, in the case of ‘Affair of the Century(l’affaire du siècle)’, recognized the occurrence of ecological damage caused by climate change and the government's liability for it. We reviewed it in detail with the following: Ⅰ. Climate change litigation 1. Administrative Justice courts 2. Constitutional Court Ⅱ. Implication towads Korean Court of Justice 1. Future generation fundmental right 2. Ecological responsability

National Public Law ReviewVol. 20(3)
Openalex Percentile: Top 72%
Environmental law and policy
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