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.

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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
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article

Pioneering climate justice in Asia: South Korea’s Constitutional Court sets an intergenerational equity precedent for government accountability

WooJung Jon, Eunhae Shin
Journal of Environmental Law
Environmental law and policy
article

Pioneering climate justice in Asia: South Korea’s Constitutional Court sets an intergenerational equity precedent for government accountability

WooJung Jon, Eunhae Shin
article en

Abstract

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.

Journal of Environmental Law
Korea Advanced Institute of Science and Technology (KR), Yeungnam University (KR)
Climate action
Openalex Percentile: Top 17%
Environmental law and policy
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