Last summer, we wrote about a decision handed down by the International Court of Justice (ICJ). The court found that countries are bound by international law to reduce carbon emissions and maintain a healthy environment. However, the decision was mostly symbolic as it was non-binding. Now we have the first instance of a court with full legal authority applying the ICJ’s opinion. A Dutch district court recently ruled in favor of plaintiffs from the Dutch-controlled Caribbean municipality of Bonaire. A statement from Greenpeace describes the ruling, stating:
“In a historic ruling, the Hague District Court found in favour of the residents of Bonaire and Greenpeace Netherlands, observing that the Netherlands is doing too little to protect Bonaire residents from the impacts of the climate crisis. The Court found the Dutch State in violation of multiple provisions of the European Convention on Human Rights (Art 8 and 14 and Article 1 of Protocol No. 12), citing discriminatory treatment of citizens of Bonaire and a failure by the Dutch State to both reduce greenhouse gas emissions and protect people against the current impacts of climate change. The Dutch court is the first court in the world to rule that the State is discriminating against its own people by failing to develop and adopt a climate adaptation plan.”
We’ll see if this decision is upheld on appeal. The Dutch courts famously found against Shell in 2021, only to have the decision largely overturned in 2024. However, this is a good example of how non-binding international law can be transposed into binding national law. As the tone changes at the top, countries in line with international norms are more likely to view advisory opinions as precedent and follow suit.
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