@article{2022:jahn:internatio,
title = {Internationaler Klimaschutz mithilfe nationaler Verfas- sungsgerichte? Erkenntnisse aus dem Klimabeschluss des BVerfG},
year = {2022},
note = {Domestic Courts as Guarantors of International Climate Protection?
Insights from the Climate Decision of the German Federal
Constitutional Court The international climate protection regime
depends on a willingness of states to cooperate that it cannot
guarantee itself. Worldwide, there is a divergence between the need
for ecological action and the political will to bring about the
necessary changes in the national and international economy. As a
result, climate lawsuits in domestic courts aimed at persuading
policy-makers to make greater climate protection efforts have
increased. Like the Dutch Hoge Raad and the Irish Supreme Court, the
German Federal Constitutional Court has defined its function for
global climate protection in its climate decision. This consists
primarily of strengthening international co-operation in the area of
climate protection. To this end, the Court gives Article 20a of the
Basic Law an international dimension and calls for political
cooperation for climate protection at the international level. The
Court closely links constitutional law to the Paris Agreement and
places itself at the service of enforcing the internationally agreed
regime. The decision is motivated by the insight that climate
protection cannot be achieved by a democratic sovereign alone, but
only through concerted action at the international level.},
journal = {Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law},
pages = {47--72},
author = {Jahn, Jannika},
volume = {82},
number = {1}
}