Judicial Approaches to Climate Change: The Dutch Experience and Reflections for Vietnam

Climate change has become one of the most pressing concerns confronting the international community. Among the countries responding to this challenge, the Netherlands is widely recognised for its long tradition of environmental protection and for its active use of judicial measures to address the impacts of climate change. The purpose of this article is to provide a broad picture of climate change litigation around the world. After presenting the global situation, the article turns to developments in the Netherlands, where climate related lawsuits have evolved into a notable model with active participation from civil society and significant engagement from the courts. To clarify the main legal questions that arise in this area, the article studies two important judicial decisions, the Urgenda case and the Shell case. The article then considers how Dutch climate litigation has influenced discussions beyond national borders and has contributed to shaping expectations of climate responsibility at the global level. In relation to Vietnam, the article suggests that experiences from jurisdictions such as the Netherlands, especially the outcomes of the Urgenda and Shell cases, may offer meaningful lessons for countries that are dealing with the increasing and visible effects of climate change.