ABSTRACT
This chapter critically analyses the recent decision in the Urgenda Foundation case of the Netherlands Hague District Court, wherein the Court compelled the Government of the Netherlands to fulfil its obligations by virtue of its duty of due care to achieve its objective of 25% reduction in greenhouse gas emissions under various international obligations, including the UN Framework Convention on Climate Change (UNFCCC). The chapter examines the impact of the Urgenda Foundation case on foreign courts, and on the future deliberation of international climate change policy. Comparing Urgenda to the legal scenario in India, the chapter argues for the possibility of Indian courts importing the tort of negligence or the duty of care against the states for its failure to mitigate climate change to protect biodiversity.
