Making Legal History: State Liability for Negligence in Climate Change

Abstract

In a recent judgment of 9 October 2018, the Gerechtshof Den Haag (the Hague Court of Appeals) ruled that the Dutch government was liable in tort for negligence by failing to comply with the duty of care to take adequate mitigation measures against climate change.1 The decision has wider bearings on public international law and constitutional and administrative law as well. This comment discusses the legal issues raised in the ruling. While the decision was rendered within the Dutch legal system, it is of interest to other legal systems as well, and essential components will be discussed from a comparative viewpoint. In other words, the legal problems raised in this case are laid out and examined through the lens of international public law and tort law.

Keywords: tort, state liability, negligenc, climate change