11. The Relationship between Courts and Politics

Why corporations cannot hide behind governments

Key Topics

• Laws and regulations do not indemnify against civil liability
• A reduction order does not interfere with the separation of powers
• Assessing civil liability is pre-eminently a task of the court

11.1 Introduction & Strategy

• Government Regulation – Why Carbon Markets, Emission Trading Schemes, Operational Permits and Other Regulations Do Not Indemnify Against Civil Claims for Emission Reductions
  Defending the Dangerline, Chapter 11

11.2 Legal Documents

11.2.1 Appeal

• Statement of Defence on Appeal
  Statement of Defence on Appeal (October 18th, 2022) Chapter 3, par. 51 – 154

• The Relation between Courts and Politics
  Statement of Defence on Appeal (October 18th, 2022) Chapter 10.4

11.2.2 First Instance

• Legal Task of Courts
  Notes on oral arguments 9 (December 17th, 2020) par. 62 – 75

• ETS
  Notes on oral arguments 9 (December 17th, 2020) par. 38 – 74
  Notes on oral arguments 4 (December 1st, 2020)

11.3 The Verdict

• Verdict Climate Case Milieudefensie Shell
  May 26th, 2021) 4.1.3

• Royal Dutch Shell's Reduction Obligation
  Verdict Climate Case Milieudefensie Shell (May 26th, 2021) 4.4.1 – 4.4.2

• The ETS System and Other "Cap and Trade" Emission Systems That Apply Elsewhere in the World, Permits, and Current Obligations of the Shell Group
  Verdict Climate Case Milieudefensie Shell (May 26th, 2021) 4.4.44 – 4.4.50

• The Responsibility of States and Society
  Verdict Climate Case Milieudefensie Shell (May 26th, 2021) 4.4.51 – 4.4.52