INTRODUCTION

In times of rapidly increasing climate change, not only do parliaments and governments have to play their part in combating the emerging crisis, but also courts: the number of climate change-related cases is growing worldwide .Since climate change is a global problem that requires a global solution, it is of the utmost importance to assess internationally effective carbon reduction ambitions of nation-States as well as companies. Many national courts in recent years seem to have been well aware of the problem that their respective States cannot stop climate change on their own, but still acknowledge that this does not release them from any reduction obligations. This is an important first step towards internationally minded climate protection by States. Nevertheless, most courts struggle in finding an appropriate yardstick for State obligations beyond national borders. Apparently, this is not necessarily the case when assessing corporate reduction obligations, where indirect Scope 3 emissions – occurring anywhere in the supply chain of a product – can already be included, such as in the Milieudefensie case.

While most national climate protection policies as well as courts focus in their assessments only on territorial State emissions, this chapter attempts to highlight the role of indirect ‘imported’ emissions at State level. By including them in national policies, the national impact area increases substantially and reflects the true potential of national climate protection measures in enforcing international climate action.