Pioneering climate justice in Asia: South Korea’s Constitutional Court sets an intergenerational equity precedent for government accountability
Abstract On 29 August 2024, South Korea’s Constitutional Court issued a landmark ruling declaring Article 8(1) of Korea’s Carbon Neutrality Framework Act unconstitutional for failing to set quantitative emission reduction targets. It thereby makes a significant contribution to the development of climate litigation in Asia. By mandating legislative action to include specific mid-term greenhouse gas reduction targets, the decision reflects a broader global trend towards increased juridical intervention where legislative approaches have fallen short. This analysis situates the Korean decision within the broader theoretical framework of environmental constitutionalism and intergenerational equity and examines its contribution to the evolving global climate law jurisprudence.
Authors
- WooJung Jon
- Eunhae Shin
Institutions
- Korea Advanced Institute of Science and Technology (KR)
- Yeungnam University (KR)
Publication Details
- Journal
- Journal of Environmental Law
- Published
- 2026-01-21
- DOI
- https://doi.org/10.1093/jel/eqag001
- Primary Topic
- Environmental law and policy
- Type
- article
- Field-Weighted Citation Impact
- 0.00