TY  - JOUR
A1  - Bickenbach, Christian
T1  - Klimaschutzklagen
T2  - Swiss review of international and European law
N2  - The Paris Agreement enshrines the triad of mitigation, adaptation and resilience. In this connection, climate protection lawsuits are increasingly being filed. The question for the courts is whether or not they are functionally overburdened in view of the dimension of climate change and transformation. They will have to find a path between non-functional activism and misplaced restraint. Adapted from the usual introductory question for civil law cases, «Who wants what out of what from whom?», an overview of the subjects of dispute will be provided. Subsequently, the challenges of the courts of lower instance and the Federal Constitutional Court with regard to the separation of powers and the principle of democracy are presented. Particular attention is paid to the climate decision of the Federal Constitutional Court of March 24th, 2021.
Y1  - 2023
UR  - https://publishup.uni-potsdam.de/frontdoor/index/index/docId/62427
VL  - 33
IS  - 3
SP  - 367
EP  - 387
PB  - Schulthess
CY  - Zürich
ER  -