University of Twente Student Theses
The Potential Of Climate Change Litigation and Courts as Actors in Climate Governance - Germany and the USA in Comparison
Kelmendi, Dren (2023) The Potential Of Climate Change Litigation and Courts as Actors in Climate Governance - Germany and the USA in Comparison.
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| Abstract: | Court Cases where plaintiffs seek to hold their states accountable for their inaction in curbing climate change, or their willful contribution to climate change while knowing its implications, have seen a stark increase in numbers over the last decade. Those plaintiffs claim injuries that have been caused therefrom and are turning to courts to right their wrongs. However, only a few of those cases have been ruled in favor of the plaintiffs so far. This thesis aims at taking a look at two cases that share a great area of congruence: filed during almost the same time; by plaintiffs similar in nature; on a similar legal basis; but that came to different conclusions. The working hypotheses are that judicial activism has a positive influence on creating outcomes favorable to plaintiffs in climate litigation, while a conservative approach to the separation of power principle bears a negative influence. Therefore, by comparing and analyzing the rulings in the Juliana case in the USA with the Neubauer case in Germany via content analysis, this thesis seeks to discern the conditions under which a court can successfully rule in favor of climate litigation and assume a strong role as an actor in climate governance |
| Item Type: | Essay (Bachelor) |
| Faculty: | BMS: Behavioural, Management and Social Sciences |
| Subject: | 88 social and public administration |
| Programme: | Management Society and Technology BSc (56654) |
| Link to this item: | https://purl.utwente.nl/essays/95899 |
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