Energy Intensive Companies and Interests of Current and Future
Generations

k 2022

Energy Intensive Companies and Interests of Current and Future Generations

ŠVEC, Martin

Basic information

Original name

Energy Intensive Companies and Interests of Current and Future Generations

Authors

ŠVEC, Martin

Edition

An interdisciplinary International Conference on “Liberalism and Ecology in the Anthropocene” 2022

Other information

Language

English

Type of outcome

Prezentace na konferencích

Country of publisher

Italy

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

URL

Organization unit

Faculty of Law

Keywords (in Czech)

energetické právo; právo životního prostředí; Shell; klimatická žaloba; udržitelný rozvoj; budoucí generace; atropocén

Keywords in English

Energy Law; Environmental Law; Shell; Climate Litigation; Sustainable Development; Future Generations; Anthropocene

Abstract

V originále

The preamble of the UNFCCC states that "change in the Earth's climate and its adverse effects are a common concern of humankind". Hence, the UNFCCC calls for the widest possible cooperation by all countries. More specifically, states should enact effective environmental legislation including environmental standards, management objectives and priorities reflecting the environmental and developmental context to which they apply. Although the Paris Agreements emphasised the importance of the engagements of various actors in addressing climate change, no direct obligations have been imposed on non-state actors. Nonetheless, a rapid increase in climate litigation against energy intensive companies has occurred around the world. The paper aims to explore legal standards applied in climate litigation against energy intensive companies and emphasises limits of national law for these purposes. Against this background, the author analyses a judgment rendered by the Hague District Court in Milieudefensie et al v Royal Dutch Shell. Although both the UNFCCC and the Paris Agreement often refer to present and future generations, the Hague District Court concluded that NGOs’ claims were admissible only to the extent that they related to the interests of current and future generations of Dutch residents, and not the world’s population as a whole, because there are differences in the time and manner in which the global population at various locations will be affected by global warming caused by CO2 emissions.

Citovat

ŠVEC, Martin. Energy Intensive Companies and Interests of Current and Future Generations. In An interdisciplinary International Conference on “Liberalism and Ecology in the Anthropocene”. 2022.

@proceedings{2253143,
   author = {Švec, Martin},
   booktitle = {An interdisciplinary International Conference on “Liberalism and Ecology in the Anthropocene”},
   keywords = {Energy Law; Environmental Law; Shell; Climate Litigation; Sustainable Development; Future Generations; Anthropocene},
   language = {eng},
   title = {Energy Intensive Companies and Interests of Current and Future Generations},
   url = {https://esil-sedi.eu/wp-content/uploads/2022/03/ESIL-IG-IEnvL_Conference-Programme-University-of-Messina-and-WVU-Liberalism-and-Ecology-in-the-Anthropocene-FINAL.pdf},
   year = {2022}
}

TY  - CONF
ID  - 2253143
AU  - Švec, Martin
PY  - 2022
TI  - Energy Intensive Companies and Interests of Current and Future Generations
KW  - Energy Law
KW  - Environmental Law
KW  - Shell
KW  - Climate Litigation
KW  - Sustainable Development
KW  - Future Generations
KW  - Anthropocene
UR  - https://esil-sedi.eu/wp-content/uploads/2022/03/ESIL-IG-IEnvL_Conference-Programme-University-of-Messina-and-WVU-Liberalism-and-Ecology-in-the-Anthropocene-FINAL.pdf
N2  - The preamble of the UNFCCC states that "change in the Earth's climate and its adverse effects are a common concern of humankind". Hence, the UNFCCC calls for the widest possible cooperation by all countries. More specifically, states should enact effective environmental legislation including environmental standards, management objectives and priorities reflecting the environmental and developmental context to which they apply. Although the Paris Agreements emphasised the importance of the engagements of various actors in addressing climate change, no direct obligations have been imposed on non-state actors. Nonetheless, a rapid increase in climate litigation against energy intensive companies has occurred around the world. The paper aims to explore legal standards applied in climate litigation against energy intensive companies and emphasises limits of national law for these purposes. Against this background, the author analyses a judgment rendered by the Hague District Court in Milieudefensie et al v Royal Dutch Shell. Although both the UNFCCC and the Paris Agreement often refer to present and future generations, the Hague District Court concluded that NGOs’ claims were admissible only to the extent that they related to the interests of current and future generations of Dutch residents, and not the world’s population as a whole, because there are differences in the time and manner in which the global population at various locations will be affected by global warming caused by CO2 emissions.
ER  -

ŠVEC, Martin. Energy Intensive Companies and Interests of Current and Future Generations. In \textit{An interdisciplinary International Conference on “Liberalism and Ecology in the Anthropocene”}. 2022.

Detailed Information on Publication Record