Good morning! For those who remain unmoved by the decision yesterday against Shell because Shell can & almost certainly will appeal, I have a great story for you about how that worked out for the Dutch govt when it appealed in @urgenda's climate case... ft.com/content/340501…
Spoiler: it ended with emphatic judgments in the Hague Court of Appeal & Supreme Court upholding & expanding on earlier judgments, providing even more great fodder for those of us working to hold big polluters accountable for the climate crisis
Also, regardless of what happens next in court, the consequences of this case for the fossil fuel industry will be systemic and immediate. It will inspire other cases around the world, just as @urgenda did, & escalate the perception of risk among investors, ⬆️ cost of capital...
Final observation that talking about this case inspiring others isn't some nice rhetorical flourish: the legal basis for the case (tort) has an equivalent in countless other jurisdictions, & is v similar to the winning argument at first instance in @urgenda's case...
which most definitely did inspire hugely significant successful cases in other countries, including most recently Ireland, France, Germany and the crucial foundation laid yesterday in this case against the Australian government: theguardian.com/australia-news…
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An absolutely historic decision from the Hague District Court against #Shell. Aside from the obvious headline emissions reduction order (45% by 2030 compared to 2019) there is so much to unpack in the court's reasoning. A few (personal) highlights 👇 theguardian.com/business/2021/…
Much like its decision in the climate case brought by @urgenda against the Dutch gov't, the court found that human rights obligations aren't directly enforceable against the defendant, but that they can be used to determine the standard of care that the defendant owes
In this instance, it's significant that the Court drew on voluntary or soft law principles like the UN Guiding Principles on Business & Human Rights to inform its expectations of Shell's conduct. A very welcome way to give those soft standards some real teeth.