Numbers and laws The legal status of Belgian climate targets
(2023) Law as a tool for the social and ecological transition — Location: Louvain-la-Neuve
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- Abstract
- The number of time-bound, quantitative and legally anchored climate objectives has increased substantially in the last decade. Although some studies highlight the informational consequences of those targets, their legal effects have been little studied to date. This paper maps the various greenhouse gas emission reduction targets recognized in the Belgian legal order, adopted by the federated entities or imposed by the European Union as part of its allocation of efforts between member states. This contribution then examines two legal effects of these targets: on the one hand, climate objectives guide and inform the planning requirements of governments. On the other hand, when they are clearly formulated, these objectives may create a requirement for public authorities to achieve specific results. In a context where climate litigation against public authorities is on the rise, the failure to comply with those climate targets opens the possibility of recognizing their faulty behavior and their consequent liability. While the setting of targets in law is not new, their increasingly precise legal anchoring – rendered possible by quantitative indicators – increases their normative guarantee.
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Vander Putten, N. (2023). Numbers and laws The legal status of Belgian climate targets. Law as a tool for the social and ecological transition, Louvain-la-Neuve. https://hdl.handle.net/2078.5/165334