Master
French

Premiers "contentieux climatiques" en Suisse

Number of pages162
Master program titleMaster Universitaire en Sciences de l'Environnement
Handover date2023-02-16
Defense date2023-02-03
Abstract

As in many other countries, several "climate litigations" have been initiated in Switzerland since 2016. The research focuses on the impact of the first four cases that led to a decision of the Swiss federal court and concludes that such impact is relatively limited at this stage. The jurisprudence of the Swiss federal court is characterized by a desire to stick to a strict application of the separation of powers. Cases of civil disobedience are subject to rather firm repression, even if articles 10 and 11 ECHR now sometimes lead to acquittals. The upcoming ECHR's decision in the so-called "Aînées pour la protection du climat" case should be reserved, since it could have a potentially significant impact in Switzerland and abroad if the appellants are successful. The proceedings so far have not had any impact on Swiss climate policy or on the activities of Swiss financial institutions, beyond campaigns that can be described as greenwashing. The use of litigation as a platform for communication and media coverage of climate issues has been used successfully by activists, particularly in 2020, but opportunities for this have since diminished. The impact on the public remains difficult to assess. The benefits of litigation are also difficult to measure and highly subjective. At this stage, climate litigation in Switzerland has highlighted, rather than corrected, the legal and societal elements that make it difficult to undertake changes in line with the climate change challenge.

Keywords
  • Climat
  • Tribunaux
  • Contentieux
  • Activisme
  • Aînées pour la protection du climat
  • Désobéissance civile
  • État de nécessité
Citation (ISO format)
CORMINBOEUF, Corinne. Premiers ‘contentieux climatiques’ en Suisse. Master, 2023.
Main files (1)
Master thesis
accessLevelRestricted
Identifiers
  • PID : unige:166944
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Technical informations

Creation16/02/2023 15:38:00
First validation16/02/2023 15:38:00
Update16/03/2023 10:39:28
Status update16/03/2023 10:39:28
Last indexation01/11/2024 04:15:46
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