Climate Litigation: The Impact of the Paris Agreement in National Courts   全文下載

近年來，氣候政策的進展緩慢及企圖心欠缺，已催生出一種新型之訴訟類型：氣候訴訟。基於數個北方及南方國家在減少溫室氣體排放上行動之不適當，各該國家之內國法院已否決其等部分作為之效力，而氣候訴訟之數量在國際上也越益倍增。斯時，國際氣候法制將有可能產生過去未曾預料到的顯著性貢獻。巴黎協定的確是一項相對具有彈性的協定，使各成員國對其實施行為有一個廣泛的裁量權限。然而，巴黎協定的設計方式，甚至是其條款，幾無或僅產生很小的直接影響，故巴黎協定之所以能對各該國家產生壓力，包括、或許最重要的是在內國之層次。本文認為，受惠於公民社會之發展，故巴黎協定已對氣候訴訟提供了決定性的助益，且提供內國法院成為氣候治理上關鍵角色之機會。

The slowness and lack of ambition of climate policies have led, in recent years, to the development of a new type of litigation: climate litigation. Various States in the North and South have already been ruled against by national courts because of the inadequacy of their action to reduce greenhouse gas emissions, and litigation is multiplying throughout the world. Here, the international climate regime is likely to make a contribution the magnitude of which was somewhat unexpected. Indeed, the Paris Agreement is a relatively flexible treaty, leaving a very wide discretion to States as to its implementation. However, the way it was designed, and even though its provisions have no or little direct effect, the Agreement increases the pressure on States, including, and perhaps most importantly, at the domestic level. In this article, we show that the Paris Agreement, thanks to the involvement of civil society, has provided fuel for climate litigation in a decisive manner and offered national courts the opportunity to position themselves as key players of climate governance.