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Neubauer et al. versus Germany: Planetary Climate Litigation for the Anthropocene?
Prof. Louis Kotzé
The recent decision by the German Constitutional Court in Neubauer et al. versus Germany has been attracting considerable attention around the globe. The Court ordered the German legislature to correct and to significantly tighten up existing climate law provisions, to increase the ambition of these provisions, and to strengthen future mitigation pathways. Several commentators have hailed it as an example of what is possible when the judiciary steps in to fill gaps in global climate governance as a result of governments failing to act or acting inadequately. In this talk, I explore the extent to which the Court in Karlsruhe has innovatively managed to embrace a holistic planetary view of climate science, climate change impacts, planetary justice, planetary stewardship, earth system vulnerability, and global climate law, within the context of a human-dominated geological epoch, to guide its reasoning and findings. My proposal is that courts will have to increasingly follow a planetary perspective that is grounded in the Anthropocene context when adjudicating matters related to global disruptors such as climate change. This decision offers a first, and important, example of a promising new paradigm that I term planetary climate litigation.
Louis Kotzé is Research Professor of Law at the Faculty of Law, North-West University, South Africa where he teaches International and African Regional Environmental Law in the structured LLM programme. He is also Senior Professorial Fellow in Earth System Law at the University of Lincoln, United Kingdom. His research broadly encompasses three interrelated themes that he approaches from a transnational perspective: human rights, socio-ecological justice and environmental constitutionalism; law and the Anthropocene; and Earth system law. He has over 160 publications on these themes.