Panel discussion – Climate on trial: lessons from the Milieudefensie versus Shell case

On 12 November 2024, the The Hague Court of Appeal delivered a complex judgment in the Milieudefensie v. Shell This link opens in a new tab climate litigation case, setting aside the groundbreaking 2021 District Court ruling. 

At issue in the appeal was whether Shell must have reduced its CO2 emissions by 45% in 2030 compared to 2019. The court of appeal ruled that Shell is obliged to reduce its CO₂ emissions, but that it was unable to determine which percentage should apply. The court of appeal therefore rejected the claims of Milieudefensie.

While the appeal judgment may not have delivered the decisive victory climate activists sought, it offers significant insights into developing judicial attitudes towards corporate responsibility for climate change. 

Join the Asser Institute and SEVEN – the Climate Institute (University of Amsterdam) This link opens in a new tab – for a critical examination of this pivotal legal moment in climate litigation. This panel discussion will dissect the implications of the Court of Appeal’s judgment from different angles and explore its significance for future climate accountability strategies. 

The Court of Appeal’s judgment, while not a straightforward victory, provides critical lessons for how corporations might be held responsible for their climate impact. The case highlighted that while Shell was not legally compelled to meet a specific 45% emissions reduction target, states and private actors have a shared responsibility under international human rights law to combat climate change that can influence private law obligations.

Notably, the judgment coincides with the European Union’s newly adopted Corporate Sustainability Due Diligence Directive, which will significantly reshape how companies like Shell must approach their climate transition strategies. This directive represents a crucial legal framework that will guide corporate climate responsibilities in the coming years. 

The event will explore key themes emerging from the judgment, including: 

• The shared responsibilities of states and private actors in addressing climate change 
• The horizontal effect of human rights obligations on corporate conduct 
• The evolving legal landscape of corporate climate accountability and the use of strategic litigation 
• The role of international guidelines and emerging EU directives in shaping corporate climate strategies 

There will be a short presentation of the case, followed by a round of questions facilitated by the moderator, and an exchange with the room. For those attending in person, there will be a drinks reception after the event. 

In-person and online participation is available.

Moderator:
Stephanie Triefus (Asser Institute) This link opens in a new tab  This link opens in a new tab

Speakers: 

• Andre Nollkaemper – founder of SEVEN (University of Amsterdam) This link opens in a new tab
• Sjoukje van Oosterhout – Senior team lead of the climate case against Shell (Milieudefensie) This link opens in a new tab 

• Anneloes Kuiper (Utrecht University) This link opens in a new tab
• Chiara Macchi (Wageningen University & Research) This link opens in a new tab (online) 

This event is supported by the Netherlands Network for Human Rights Research This link opens in a new tab