Book contents
- Implementing Climate Change Policy
- Implementing Climate Change Policy
- Copyright page
- Additional material
- Dedication
- Contents
- Contributors
- Abbreviations
- Introduction
- Part I Comparing Climate Policies
- Part II Designing Effective Governance Mechanisms
- 10 European Green Deal, Climate Policies and the Energy Dilemma: Investment Protection versus Sustainable Investment?
- 11 Twin Transitions? Implementing Climate Policies in the European Union through Digital Transformation
- 12 Carbon Sequestration and Ocean Governance: Emerging Challenges between Traditional Sovereign Rights and the Need for Global Regulation
- 13 Climate Change and the Arctic: A Study of Paradoxical Linkages in Complex Systems
- 14 The European Union’s Carbon Border Adjustment Mechanism as a (Generally Lawful) Countermeasure
- 15 Corporate Self-Regulation and the Climate: The Legal Trajectory of Sustainability Due Diligence in the European Union
- 16 Extending Ecolabelling in Response to Climate Change
- 17 The Role of Judges in Implementing Climate Policies
- 18 Private Climate Litigation
- 19 The International Court of Justice Facing the Existential Threat of Climate Change
- 20 ‘The Story Is Part of the Success’
- Conclusion
- Documents
- Cases
- Bibliography
- Index
17 - The Role of Judges in Implementing Climate Policies
A Comparative Perspective on the Separation of Powers
from Part II - Designing Effective Governance Mechanisms
Published online by Cambridge University Press: 22 November 2024
Book contents
- Implementing Climate Change Policy
- Implementing Climate Change Policy
- Copyright page
- Additional material
- Dedication
- Contents
- Contributors
- Abbreviations
- Introduction
- Part I Comparing Climate Policies
- Part II Designing Effective Governance Mechanisms
- 10 European Green Deal, Climate Policies and the Energy Dilemma: Investment Protection versus Sustainable Investment?
- 11 Twin Transitions? Implementing Climate Policies in the European Union through Digital Transformation
- 12 Carbon Sequestration and Ocean Governance: Emerging Challenges between Traditional Sovereign Rights and the Need for Global Regulation
- 13 Climate Change and the Arctic: A Study of Paradoxical Linkages in Complex Systems
- 14 The European Union’s Carbon Border Adjustment Mechanism as a (Generally Lawful) Countermeasure
- 15 Corporate Self-Regulation and the Climate: The Legal Trajectory of Sustainability Due Diligence in the European Union
- 16 Extending Ecolabelling in Response to Climate Change
- 17 The Role of Judges in Implementing Climate Policies
- 18 Private Climate Litigation
- 19 The International Court of Justice Facing the Existential Threat of Climate Change
- 20 ‘The Story Is Part of the Success’
- Conclusion
- Documents
- Cases
- Bibliography
- Index
Summary
The role of judges in implementing climate policies has become a crucial component of the existing governance framework regulating climate change action. Litigation focusing on more ambitious climate action is trending globally. Individuals, local authorities and NGOs are bringing lawsuits against national governments, holding them accountable to their legal obligations and engendering policy change. Due to the constitutional doctrine of the separation of powers, the justiciability of climate policy is questioned. Disagreements exist between advocates of an activist judicial role and those in favour of legislative and executive discretion. The main question is to what extent the judiciary can oblige other government branches to take urgent preventative action, particularly to implement or adjust climate policies. Their role in implementing climate policies is analysed from a comparative perspective, considering theoretical debates on the doctrine of the separation of powers in different legal systems and relevant case-law. The chapter connects international and domestic issues and highlights recommendations to foster effective implementation of more ambitious climate policies.
Information
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- Implementing Climate Change PolicyDesigning and Deploying Net Zero Carbon Governance, pp. 271 - 286Publisher: Cambridge University PressPrint publication year: 2024
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