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On the Role of Courts in Climate Policy: Comment on Lando

Author

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  • Hylton Keith N.

    (Boston University, Boston, MA, USA)

Abstract

This is a response to Henrik Lando’s article on courts and climate policies. Lando’s argument can be summarized in two propositions. The first is that EU courts have adopted a suboptimal legal standard for evaluating climate policies. Lando’s second proposition is that courts are not a good forum for the evaluation of climate policies because of the need to focus on the narrow interests of the litigants before the courts. I agree with Lando’s first proposition, but I disagree somewhat with his second proposition. It is pitched too broadly in my view.

Suggested Citation

  • Hylton Keith N., 2024. "On the Role of Courts in Climate Policy: Comment on Lando," Review of Law & Economics, De Gruyter, vol. 20(2), pages 197-202.
    • Handle: RePEc:bpj:rlecon:v:20:y:2024:i:2:p:197-202:n:1005
    DOI: 10.1515/rle-2023-0113
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    More about this item

    Keywords

    climate litigation; cost-benefit analysis; precautionary principle; decision-making; mechanism; sustainability;
    All these keywords.

    JEL classification:

    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics
    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law
    • K3 - Law and Economics - - Other Substantive Areas of Law
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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