🌍⚖️ Sébastien Duyck

The #MilieudefensieVShell hearings just wrapped up in The Hague 🇳🇱. At the heart of the case brought by Milieudefensie and partner NGOs is a fundamental legal question: ❓Can a fossil fuel company be legally required to align its business model with climate science and human rights obligations❓ A 🧵

🌍⚖️ Sébastien Duyck@duycks.bsky.social

74/ ✊👨‍⚖️ As the sculptures outside the 🇳🇱 ⚖️ Supreme Court metaphorically suggest: it is time for judges to unbox the law & use its full force in this case. #ClimateJustice requires ending impunity for climate polluters. (This concludes this live report. Do not hesitate to post any Q. TY for following.)

⚖️ 🌍 ⚡ 𝐅𝐨𝐥𝐥𝐨𝐰 𝐰𝐢𝐭𝐡 𝐮𝐬 𝐢𝐧 𝐫𝐞𝐚𝐥 𝐭𝐢𝐦𝐞 𝐟𝐫𝐨𝐦 🇳🇱 𝐓𝐡𝐞 𝐇𝐚𝐠𝐮𝐞: 𝐭𝐨𝐝𝐚𝐲, 𝐭𝐡𝐞 𝐃𝐮𝐭𝐜𝐡 𝐒𝐮𝐩𝐫𝐞𝐦𝐞 𝐂𝐨𝐮𝐫𝐭 𝐡𝐞𝐚𝐫𝐬 𝐨𝐧𝐞 𝐨𝐟 𝐭𝐡𝐞 𝐦𝐨𝐬𝐭 𝐜𝐨𝐧𝐬𝐞𝐪𝐮𝐞𝐧𝐭𝐢𝐚𝐥 𝐜𝐥𝐢𝐦𝐚𝐭𝐞 𝐜𝐚𝐬𝐞𝐬 𝐢𝐧 𝐭𝐡𝐞 𝐰𝐨𝐫𝐥𝐝, @milieudefensie.bsky.social et al. v. Shell. #ClimateJustice #ClimateCaseShell 🧵 ⬇️ analysis in thread below

26/ These pleadings have sought to demonstrate that Shell is not the politically neutral actor it pretends to be, supplying a public demand for energy, but rather that the fossil fuel industry holds a stranglehold over society shaping collective choices.

27/ The justices are reminded that if human rights law and civil liability law are put aside as required by the fossil fuels company, then society will be deprived of a fundamental legal remedy to protect itself against the dangerous behaviors of others.

24/ The pleadings turn to Shell's efforts by Shell to influence political decision-making to shape regulatory frameworks in the favour of its profits - demonstrating that the company is not just a player operating under collective rules but that it invest heavily to to shape the rules of the game.

25/ The NGOs lawyer points to the fact that Shell, along with four other major oil and gas companies, has spent 250 million EURs over an 8 year period to influence the climate & corporate policies of the European Union. 🤯 The scale of this figure is mindblowing.

22/ The governance gap is exacerbated by the fact that fossil fuel companies operate across national boundaries, hampering so far the ability of individual national governments to regulate these operations effectively...

23/ 🇳🇱 💰 ➡️ 🇬🇧 The case of Shell's relocation of its headquarter from the Netherlands to the United Kingdom is reiterated a case study of a company seeking to evade accountability and to select the most convenient regulatory framework for the continuation of its operations.

20/ Yet, the attorney continues, Shell's investments have not shifted significantly from fossil fuel to renewable energy - demonstrating that despite its public communication, Shell's primary objective remains the maximisation of profits & the continuation of its fossil fuel centered business model.

21/ The pleadings now refocus on the current governance gap that has resulted in the absence of sufficient governmental regulation and corporate accountability so far. The lawyer points to the responsibility of fossil fuel companies in engineering this vacuum for their own interests...

18/ The NGOs lawyers are now listing a comprehensive list of international institutions that have stressed the necessity for companies to phase out fossil fuels, from the IEA to the European Commission...

19/ The NGOs lawyer stresses the existence of many scenarios demonstrating that emissions can be reduced effectively through the rapid scaling up of renewable energy.

16/ 👉 We have now entered the heart of the legal plaintiffs: if the legal responsibility of companies with regard to climate change is not in question, as affirmed by Dutch court in this and other cases, then 𝐜𝐚𝐧 𝐰𝐞 𝐚𝐬𝐬𝐢𝐠𝐧 𝐦𝐚𝐧𝐝𝐚𝐭𝐨𝐫𝐲 𝐭𝐚𝐫𝐠𝐞𝐭𝐬 𝐭𝐨 𝐭𝐡𝐨𝐬𝐞 𝐜𝐨𝐦𝐩𝐚𝐧𝐢𝐞𝐬 𝐭𝐡𝐚𝐭 𝐟𝐚𝐢𝐥𝐞𝐝 𝐭𝐨 𝐭𝐚𝐤𝐞 𝐚𝐜𝐭𝐢𝐨𝐧?

17/ If the response is negative as the court of appeal had suggested, this would imply that, despite all the scientific and economic data now available, we are left to rely on the goodwill of fossil producers... Decades of experience have proven how ineffective this approach is.

14/ The lawyers present the rationale behind this appeal to the Supreme Court: the Dutch court of appeals had validated these legal findings in its 2024 judgment, yet it had "inexplicably" refused to apply these norms to define a quantified goal for the company.

en.milieudefensie.nlWhy we’re taking our Shell climate case to the Supreme CourtWe’ve decided to appeal to the Supreme Court in our climate case against Shell. The judge ruled that Shell should curb its emissions, but they did not determine at what rate. That’s why we’re taking t...

15/ 👀 more about the motivations of Dutch NGOs' appeal to the Supreme Court here: en.milieudefensie.nl/news/why-we2... 🙌 The NGOs involved include @milieudefensie.bsky.social @greenpeace.nl @dewaddenvereniging.bsky.social @actionaidnl.bsky.social @bothends.bsky.social @fossielvrijnl.bsky.social

12/ 🇳🇱 ⚖️ This case is based on the Dutch duty of care rooted in the Dutch civil liability law requiring that while private parties can pursue their own interests, they must take the interest of others into account. 👉 The duty of care sets boundaries preventing inconsiderate pursue of profits.

13/ This duty is informed by several legal points of reference: incl. doctrine of endangerment, human rights, soft law sources & general legal principles. Considered together, these legal norms require companies to implement reductions averting dangerous harms for present & future generations.

10/ ...that the company reduces emissions in line with science, Shell moved its headquarters from The Hague to London, demonstrating how companies game the current governance gaps with ease.

11/ The NGOs' lawyers continue laying out key legal principles applicable to the responsibility of private actors and to the recognition of their role in the context of climate change, pointing to the fact that many multinationals have a greater impact on human rights than entire nation states.

8/ ❗Let this data sinks in: independent assessments have pointed to the fact that the company facing the judges today is responsible for more the emissions of more climate heating gases than any individual country on the planet, except for China, US, India and Russia...

9/ The NGO legal rep. points to the fact that the climate crisis is a result of the governance gap or power vacuum that has allowed companies to operate without accountability so far. Shell itself illustrated this fact... shortly after the first judgement in this case in 2021 which had required...

6/ The pleadings of the NGOs representatives open with a citation from the 🇺🇳 🧑‍⚖️ International Court of Justice's 2025 climate ruling that defined climate change as "an existential crisis of global proportion".

en.milieudefensie.nlThe Dutch Supreme Court hears our first Climate Case against ShellAnother historic moment: the Dutch Supreme Court is hearing our first Climate Case against Shell.

7/ We then turn to what is at the core of the case: the company recognizes climate change, but yet denies that it is legally required to take action of its own... Yet the CO2 emissions attributable to Shell's conduct are higher than those of any individual State except for the four largest emitters…

4/ 👨‍⚖️👩‍⚖️👨‍⚖️👩‍⚖️👨‍⚖️"All rise for the court": the five Supreme Court Judges enter the room. The presiding judge introduces the schedule: we will begin with 1hr of pleading for each party (starting with that of @milieudefensie.bsky.social). 📺 follow the live webstream here: en.milieudefensie.nl/news/the-fin...

5/ 🎙️In the courtroom, the plaintiffs will let their lawyers make the arguments, demonstrating the confidence of the NGOs taking legal action against Shell in the strength of their legal arguments. The law, only the law… Let's see whether the same will be true for the company once it takes the floor.

2/ 📆 the hearing will start at 10.00 at the 🧑‍⚖️ 🇳🇱 Dutch Supreme Court in Den Haag. We are expecting to hear the arguments of both parties followed - after a short break - by an exchange during which the parties' representatives can respond to the other side's argument.

3/ 🧑‍⚖️ There are about 100 people sitting in the courtroom of the Dutch Supreme Court - the stakes in this case are high as it is the first time that a country's Supreme Court considers whether a fossil fuel company is legally required to align its operations in line with climate science.

Climate, Migration & Displacement Platform

⏰ 👨‍⚖️ 🌐 Starting in 2 hrs: #ClimateJustice hearings at 🇳🇱 Dutch Supreme Court in case v. Shell: for the 1st time a country's highest Court will review whether a fossil fuel company can be required to cut emissions in line with science. 👀 📝 Follow here in real time with context & elements of analysis...

🌍⚖️ Sébastien Duyck reposted

@cmdplatform.bsky.social

21 May

Want an expert play-by-play of yesterday's #UNGA consideration of the resolution welcoming & operationalizing the #ICJAO, which culminated in a really strong vote for continued intl cooperation on climate action? This thread is for you👇Gratitude to #Vanuatu, #PISFCC, @wy4cj.bsky.social @ciel.org +++

🌍⚖️ Sébastien Duyck@duycks.bsky.social

🔥 the 🇺🇳 UN General Assembly is about to be called upon to #VoteYesForClimateJustice as it considers an important resolution tabled by 🇻🇺 Vanuatu (and others) to welcome and build upon the historic #ClimateJustice ruling by the 🌐 ⚖️ International Court of Justice! 🧵⬇️ follow proceedings in thread below

🌍⚖️ Sébastien Duyck reposted

Replying to @ciel.org

🌍 This case reaches far beyond one company. It sits at the intersection of climate science, fossil fuel expansion, corporate power, #HumanRights, and growing pressure in Europe to weaken binding climate rules.

🌍⚖️ Sébastien Duyck reposted

Replying to @ciel.org

⚠️ The appeal court already confirmed a critical principle: major fossil fuel companies have a responsibility to reduce emissions because their business contributes to dangerous climate change and related #HumanRights harms.

🌍⚖️ Sébastien Duyck reposted

Replying to @ciel.org

🔥 The science is clear: #FossilFuels are the primary driver of the climate crisis, and true energy security cannot come from fossil fuels tied to instability and conflict. Yet Shell continues investing heavily in new projects.

🌍⚖️ Sébastien Duyck reposted

Replying to @ciel.org

🏛️ In this week’s @milieudefensie.bsky.social V. Shell hearings, the Supreme Court will examine the role courts can play in protecting people’s rights in the face of the climate crisis.

🌍⚖️ Sébastien Duyck reposted

Replying to @ciel.org

📚 This case is historic. For the first time, a country’s highest court is being asked whether a multinational oil company can be compelled to meet concrete, enforceable climate obligations grounded in science & #HumanRights.

🌍⚖️ Sébastien Duyck reposted