THE STATES’ RESPONSIBILITY IN CLIMATE LITIGATION.

three-dimensional level How to engage the states’ responsibility in climate li8ga8on :

 -  interna8onal : The most important interna8onal conven8ons that have been concluded in
the area of global warming are three successive United Na8ons conven8ons, which were
based on the IPCC assessment reports:

 -  At the European level, there are two protagonists:

the European Union : with binding objec8ves and texts on Member States that can lead to
the court of jus8ce of the European union in order to take a legal ac8on against a State.
The Council of Europe and the European conven8on on human rights for individuals.

 -  Na8onal : Recently, States have seen their responsibility engaged during climate trials.
These include the Urgenda case in the Netherlands in 2018 and France with the case of the
century in 2021.

There is concrete examples in pra8que, specially the Urgenda affair wich is historic. It allows
in par8cular to reconsider the responsibility of States for climate inac8on in terms of human
rights. Despite all these cases showing great progress for the protec8on of the environment,
we see that certain limit to the responsibility of States for climate inac8on, are to be
deplored.

A) In environmental matters, which jurisdiction has admitted the duty of diligence of states towards
each others ?

1) Court of Justice of the European Union

2) International Criminal Court
3) International Court of Justice
4) Inter-Amercian Court of Human Rights

B )In order to take a legal action against a State in front of the Court of Justice of the European Union,
you have to be :

1) The Council
2) The Commission
3) A person
4) The Council of Europe

C) Which country has determined nature as a subject of law in its constitution ?

1) Netherlands
2) Bolivia
3) Ecuador
4) Germany

D) In the « People’s Climate case », the Tribunal of the European Union was seized because the
European Union’s climate policy was insufficient to comply with which convention ?

1) Rio Convention
2) Kyoto Protocole
3) Paris Agreement
4) European Convention on human rights

E) Which one is not one of the limits of the States responsibility ?

1) The commitment are often not very binding

2) There are no real international decisions on states climate inaction
3) The judges don’t want to offense States
4) States are not responsible for their national companies’ failure to meet standards