Climate Action as a Legal Duty: Reassessing State Accountability in German States

Abstract

Slowing down the progression of climate change is one of the most significant challenges of our time. With existing environmental threats projected to intensify over the next few decades, along with new challenges that are sure to arise, many institutions, namely the United Nations Framework Convention on Climate Change (UNFCCC), have emphasized the necessity for every state worldwide to have a climate action plan at every level of governance. In Germany, and specifically in the major state of Baden-Württemberg, climate action is a legally enforceable obligation, giving courts authority to compel state compliance when states fail to meet their climate responsibilities. This article aims to examine how Baden-Württemberg’s violations of the legally binding obligations in its 2013 Climate Protection Act demonstrate that climate action constitutes a legal duty for German states and that courts play an essential role in enforcing climate mitigation accountability.