South Korea’s top court ruled in August of 2024 that the country’s climate change law does not adequately protect basic human rights and lacks sufficient targets to safeguard future generations. This landmark decision comes after activists accused the government of failing to effectively address the climate crisis.
Since 2020, more than 200 plaintiffs, including young climate activists and even infants, filed petitions to the Constitutional Court. They argued that the government was violating citizens’ human rights by not taking sufficient action against climate change. The ruling was met with emotional responses from plaintiffs, activists, and lawyers, who celebrated with cheers, tears, and applause, chanting slogans like, “The verdict is not the end, but the beginning.”
Han Je-ah, a 12-year-old plaintiff, expressed hope that the ruling would lead to broader change: “I hope today’s decision will lead to a bigger change so that children do not have to file this kind of constitutional appeal,” she told reporters. “The climate crisis is having a huge impact on our lives, and there is no time to delay.”
Kim Young-hee, a lawyer representing the plaintiffs, called the decision “an important milestone for society’s efforts to reduce greenhouse gas emissions.” The court criticized South Korea’s Carbon Neutrality Act, originally enacted in 2010 and later revised to set emissions targets for 2030 and achieve carbon neutrality by 2050. The court found that the law failed to specify “any quantitative levels” for emissions reductions between 2031 and 2049, effectively leaving future generations with an undue burden.
The court stated, “Since there is no mechanism that can effectively ensure gradual and continuous reductions until 2050, it stipulates reduction targets that would transfer an excessive burden to the future.” The South Korean environment ministry responded by saying it respects the court’s decision and will implement follow-up measures accordingly.
Koh Moon-hyun, a law professor at Soongsil University, noted that the ruling could have global implications: “The court must have looked at rulings in Europe and changed its stance,” he said. “It has created a chance for South Korea to drop its nickname as a climate villain.” The decision is seen as a critical turning point, potentially influencing other countries to strengthen their own climate policies and better protect the rights of future generations.
Loss and damage litigation against oil companies and governments will change world economics.