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L'affaire du Siècle: French Climate Litigation between Continuity and Legal Innovations.

Authors :
Cournil, Christel
Le Dylio, Antoine
Mougeolle, Paul
Source :
Carbon & Climate Law Review. 2020, Vol. 14 Issue 1, p40-48. 9p.
Publication Year :
2020

Abstract

Four associations filed l'affaire du siècle, a climate legal action against the French State before the Administrative Court of Paris in May 2019. This lawsuit questions the State's actions and inactions in matters of climate change mitigation and adaptation. Even though the complaint is mainly based on legal constructions and theories that are well-known to French Courts, this paper focuses on three ground-breaking legal innovations brought by the plaintiffs: a pre-existing general State obligation to combat climate change, a pre-existing right to live in a sustainable climate system, and, eventually, the remediation of the pure ecological damage (préjudice écologique) linked to climate change through a formal demand for monetary compensation of one symbolic euro and an injunctive relief to take all measures to limit global warming under the 1.5 °C threshold. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
18649904
Volume :
14
Issue :
1
Database :
Academic Search Index
Journal :
Carbon & Climate Law Review
Publication Type :
Academic Journal
Accession number :
142701423
Full Text :
https://doi.org/10.21552/cclr/2020/1/6