Liability of Non-State Actors for Scope 3-Emissions

Abstract

Scope 3 emissions of non-state actors are increasingly relevant. These emissions are becoming more significant in the legal debate regarding climate change mitigation and liability. There are various reasons for this trend, such as increasing attention for these emissions in litigation, IPCC reports and (legal) literature. This contribution focusses on the legal questions that arise in cases concerning scope 3 emissions. However, the focus in this contribution is primarily on the Milieudefensie/Shell case in which a significant best-efforts obligation has been imposed to reduce scope 3 emissions. A reduction order that seems to be unique worldwide.