The Duty of Care of Fossil-Fuel Producers for Climate Change Mitigation
Milieudefensie v. Royal Dutch Shell District Court of The Hague (The Netherlands)
Bibliographic Data
| ID | 4987281 |
|---|---|
| Authors | B Mayer (0000-0002-0669-7457, Chinese University of Hong Kong, corresponding author) |
| Year | 2022 |
| Volume | 11 |
| Issue | 2 |
| Pages | 407-418 |
| Publication date | 2022-07-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Transnational Environmental Law (JOURNAL) |
| Journal identifiers | ISSN: 2047-1025 • E-ISSN: 2047-1033 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s2047102522000103 |
| OpenAlex | W4225790386 |
| Language | EN |
| Citations received | 10 |
| References cited | 16 |
On 26 May 2021, the District Court of The Hague (The Netherlands) passed an innovative judgment in Milieudefensie v. Royal Dutch Shell. The Court interpreted Shell's duty of care towards the inhabitants of the Netherlands as requiring it to mitigate climate change by reducing the carbon dioxide emissions resulting from its global operations by at least 45% by 2030, compared with 2019. This case comment salutes the identification of a corporate duty of care for climate change mitigation but expresses scepticism regarding the Court's interpretation of this duty. The Court's reading of global climate mitigation objectives and climate science, which form the basis of its determination of Shell's requisite level of mitigation action, is plagued with inconsistencies. It is argued here that, in order to determine the standard of care applicable to Shell, the Court should have relied not only on a 'descending' reasoning as to what ought to be done, but also on an 'ascending' reasoning accounting for industry practices
Business · Climate change · Climate change mitigation · Duty · Duty of care · Environmental planning · Political science · Skepticism · Climate Change and Geoengineering · Computer Science · Environmental law and policy · Environmental Science · International Environmental Law and Policies · Law
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The Concept of ‘Due Diligence’ in the UN Guiding Principles on Business and Human Rights
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The oil and gas sector
Fossil fuel emitters and climate change
| Unique citing works | 10 |
|---|---|
| Citations per year | 2,5 |
| Citation span | 2022 - 2024 (3) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 10 |