Strategic climate change litigation and the EU habitats directive : squaring the circle with the help of the U.S. Endangered Species Act?
- Author
- Hendrik Schoukens (UGent)
- Organization
- Abstract
- Against the backdrop of the rising temperatures and the existing `emission gap', climate change lawsuits have recently emerged as a new lever in order to step up compliance with international reduction targets. As of today, the majority of these strategic lawsuits are based upon tort law and human rights duties, which is evident given the major impact unhalted climate change on the immediate survival chances of future generations of humans. However, many terrestrial as well as marine ecosystems are already suffering from the global rise of temperatures, also in Europe. This article addresses the principal question as to whether within the specific context of the European Union, climate change litigation could not also use the 1992 Habitats Directive as an complementary instrument to mitigate future greenhouse gas emissions or at least prepare and adapt ecosystems for the inevitable impact of climate change. Using the recent courtroom experiences with the U.S. Endangered Species Act (ESA) of 1973 in the context of climate change-related lawsuits as a benchmark, this article argues that global warming will be an increasingly important factor when applying the conservation duties of the Habitats Directive in the coming decades.
- Keywords
- Law, Management, Monitoring, Policy and Law, EU Habitats Directive, climate change, mitigation, adaptation, Natura 2000
Downloads
-
(...).pdf
- full text (Published version)
- |
- UGent only
- |
- |
- 375.09 KB
Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-01H2AEKZRSSBW8E1GDRT3FDCXV
- MLA
- Schoukens, Hendrik. “Strategic Climate Change Litigation and the EU Habitats Directive : Squaring the Circle with the Help of the U.S. Endangered Species Act?” JOURNAL FOR EUROPEAN ENVIRONMENTAL & PLANNING LAW, vol. 20, no. 1, 2023, pp. 51–94, doi:10.1163/18760104-20010004.
- APA
- Schoukens, H. (2023). Strategic climate change litigation and the EU habitats directive : squaring the circle with the help of the U.S. Endangered Species Act? JOURNAL FOR EUROPEAN ENVIRONMENTAL & PLANNING LAW, 20(1), 51–94. https://doi.org/10.1163/18760104-20010004
- Chicago author-date
- Schoukens, Hendrik. 2023. “Strategic Climate Change Litigation and the EU Habitats Directive : Squaring the Circle with the Help of the U.S. Endangered Species Act?” JOURNAL FOR EUROPEAN ENVIRONMENTAL & PLANNING LAW 20 (1): 51–94. https://doi.org/10.1163/18760104-20010004.
- Chicago author-date (all authors)
- Schoukens, Hendrik. 2023. “Strategic Climate Change Litigation and the EU Habitats Directive : Squaring the Circle with the Help of the U.S. Endangered Species Act?” JOURNAL FOR EUROPEAN ENVIRONMENTAL & PLANNING LAW 20 (1): 51–94. doi:10.1163/18760104-20010004.
- Vancouver
- 1.Schoukens H. Strategic climate change litigation and the EU habitats directive : squaring the circle with the help of the U.S. Endangered Species Act? JOURNAL FOR EUROPEAN ENVIRONMENTAL & PLANNING LAW. 2023;20(1):51–94.
- IEEE
- [1]H. Schoukens, “Strategic climate change litigation and the EU habitats directive : squaring the circle with the help of the U.S. Endangered Species Act?,” JOURNAL FOR EUROPEAN ENVIRONMENTAL & PLANNING LAW, vol. 20, no. 1, pp. 51–94, 2023.
@article{01H2AEKZRSSBW8E1GDRT3FDCXV,
abstract = {{Against the backdrop of the rising temperatures and the existing `emission gap', climate change lawsuits have recently emerged as a new lever in order to step up compliance with international reduction targets. As of today, the majority of these strategic lawsuits are based upon tort law and human rights duties, which is evident given the major impact unhalted climate change on the immediate survival chances of future generations of humans. However, many terrestrial as well as marine ecosystems are already suffering from the global rise of temperatures, also in Europe. This article addresses the principal question as to whether within the specific context of the European Union, climate change litigation could not also use the 1992 Habitats Directive as an complementary instrument to mitigate future greenhouse gas emissions or at least prepare and adapt ecosystems for the inevitable impact of climate change. Using the recent courtroom experiences with the U.S. Endangered Species Act (ESA) of 1973 in the context of climate change-related lawsuits as a benchmark, this article argues that global warming will be an increasingly important factor when applying the conservation duties of the Habitats Directive in the coming decades.}},
author = {{Schoukens, Hendrik}},
issn = {{1613-7272}},
journal = {{JOURNAL FOR EUROPEAN ENVIRONMENTAL & PLANNING LAW}},
keywords = {{Law,Management, Monitoring, Policy and Law,EU Habitats Directive,climate change,mitigation,adaptation,Natura 2000}},
language = {{eng}},
number = {{1}},
pages = {{51--94}},
title = {{Strategic climate change litigation and the EU habitats directive : squaring the circle with the help of the U.S. Endangered Species Act?}},
url = {{http://doi.org/10.1163/18760104-20010004}},
volume = {{20}},
year = {{2023}},
}
- Altmetric
- View in Altmetric