Read The Times Australia

Daily Bulletin

Dutch court's climate ruling may force other states to cut emissions – or else

  • Written by: The Conversation
imageThe Netherlands has long embraced renewable energy, but some judges say it must do more.Uberprutser, CC BY-SA

A Dutch district court has ordered the Netherlands to cut greenhouse gas emissions to 25% lower than 1990 levels by 2020. This is several percentage points deeper than the 17% reduction the country had been envisaging.

While such a ruling may seem astonishing at first, the move by civil society to take on individual states for a global collective lack of progress on emissions reductions makes perfect sense. Whether anything will change in the Netherlands in the short term remains to be seen. Instead, by setting a precedent and inspiring further actions, this ruling may have its greatest impact elsewhere in the world.

The judgment implies that failure to address climate change and the harm it may cause is seen as a civil wrong in the Netherlands, within the scope of the tort law that people can appeal to when they have been wrongfully harmed. True, the Dutch government had argued that it is fully complying with its international obligations. But the judges point out that, since the Netherlands agrees measures should be taken to limit global warming to 2℃ above pre-industrial levels, the presence of a gap between international obligations and what would actually be needed to meet the 2℃ target does not take away an independent duty of care.

The government could have seen this coming. The 25% figure is the product of Dutch scientific assessment work done about a decade ago and recently updated in the run up to Paris. This work was subsequently included in the IPCC’s Fourth Assessment Report back in 2007. Furthermore, the country’s present implementation of its energy strategy – based on a 2013 cross-party Energy Accord which focused on efficiency and renewable targets, rather than reduced emissions – will result in only a 17% reduction for the Netherlands. The gap is obvious.

The judges rightly observed that at present the numbers do not add up to what is needed. They subsequently argue the Netherlands should do more: if you see a disaster coming but you don’t do enough to mitigate it, when you could have, you are liable.

Duty of care

The same reasoning used by the Dutch judges for declaring tort law valid for dealing with climate change could be applied elsewhere. Each government has a duty of care towards its own citizens – and also towards other and future citizens. Developed countries have both ethical and legal obligations to cut greenhouse gas emissions – an obligation that holds even if adequate international agreements have not yet materialised.

imageDo governments have a ‘moral duty’ to stop this?Daniel Reinhardt / EPA

It’s interesting to see the climate science accumulated over the past decades by the IPCC being used directly by national judges. This approach may receive a boost after the Paris summit later this year, as it’s questionable whether governments will deliver a strong and legally binding agreement on emissions. If they don’t, judges in other countries could produce similar rulings on the liability of their governments – they’d simply have to use the IPCC’s UN-validated body of knowledge to make a scientific case that the efforts do fall short.

The essence of the ruling is that states can be judged to have failed to meet their duty of care and that the discretionary power vested in states is not unlimited: their care may not be below standard.

Differing views

Scientists don’t agree on everything to do with the climate, never mind the public, so it is heartening to see how the judges were able to deal explicitly with uncertainty and risk. Even the best expert advice involves some element of value judgment – the 2℃ target itself does not flow directly from climate science, for instance, but from a value-led assessment of impacts and the possibilities of adaptation. We’re also not certain just how sensitive the climate system will be to increasing greenhouse gas concentrations, or how emissions can and should be distributed over countries and time.

Yet the Dutch judges observed that the IPCC has always allowed for scientific uncertainty and in their ruling they effectively include assessments of uncertainty as part of the “facts” relevant for managing risk. In that way, the judges – while making brief reference to the precautionary principle – were able to use the 25% emissions reduction number derived from the IPCC report as a norm which is not met by the EU or the Netherlands.

Concerning values, while the judges missed the value-laden nature of judging climate change “dangerous”, they made a strong plea for the value of “duty of care”: the state must “mitigate as quickly and as much as possible”. And while the influence of the government is limited and the effects of some measures may be uncertain, the court concludes that the state “has the power to issue rules or other measures, including community information, to promote the transition to a sustainable society and to reduce greenhouse gas emission in the Netherlands”.

For now, let’s hope this judgment will neither be ignored by the Dutch government nor addressed only with short-term measures focused entirely on 2020 without regard for the bigger picture. It’s a moment for a deeper discussion on the transition to a low-emission economy, not only in the Netherlands but also in the European Union and globally. And Paris may show a way forward after all.

Arthur Petersen has been a Dutch government delegate to the IPCC from 2000–2014 and Chief Scientist at the PBL Netherlands Environmental Assessment Agency from 2011–2014.

Authors: The Conversation

Read more http://theconversation.com/dutch-courts-climate-ruling-may-force-other-states-to-cut-emissions-or-else-43882

Business News

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

Options Available When a Company Faces Financial Distress

Financial distress can develop gradually or arrive suddenly, and when it does, the decisions made in the early stages often determine what options remain available later. Directors who act promptly ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...