ABSTRACT
NO: Judges should remain judges and should not become scientists or policymakers
The level of emissions reduction in a specific country, and the pathways for achieving those reductions, are primarily political questions. Courts are tasked with controlling the lawfulness of governmental decision-making, such as regarding the punishment of non-compliant emitters. However, given the complexity and uncertainty in climate science, and the many interests affected by emissions reduction policies, courts are not equipped to replace political decision-making. While judicial adjudication based on human rights is important to protect citizens against the harmful effects of climate change, it becomes questionable when judges approve claims prescribing economy-wide emissions reduction targets. An activist international court may see rebound effects weakening its power, including countries withdrawing from its jurisdiction.
