1. L'affaire du Siècle: French Climate Litigation between Continuity and Legal Innovations.
- Author
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Cournil, Christel, Le Dylio, Antoine, and Mougeolle, Paul
- Subjects
CLIMATE change mitigation ,CLIMATE change prevention ,CLIMATE change laws ,CLIMATOLOGY ,CLIMATE change ,ADMINISTRATIVE courts ,GLOBAL warming - 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]
- Published
- 2020
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