Future Generations v. Colombia Ministry of Government
Colombia Supreme Court
STC 4360-2018 (2018)
- Written by Solveig Singleton, JD
Facts
In several cases, the Colombia Supreme Court described the Colombia Constitution of 1991 as an ecological constitution that included the protection of the environment among fundamental rights. The nation of Colombia (defendant) was a signatory to the Paris Agreement. The Paris Agreement included provisions requiring signatories to reduce deforestation and the emission of greenhouse gases (GHG) and specifically called for reduction of deforestation in the Colombia Amazon to zero by 2020. In 2018, a group of 25 children, teens, and young adults (young people) (plaintiffs) living in Colombian cities likely to be affected by climate change initiated a suit against Colombia. The young people asserted that Colombia had failed to carry out its obligations under the Paris Agreement and Colombian law implementing the Paris Agreement to effectively protect the Amazon rain forest from deforestation, causing imminent harm to the young people. The young peoples’ claim stated that deforestation had increased 44 percent after 2015, causing changes to the water cycle and a net increase in carbon emissions. An amicus brief filed on behalf of a scientist directing the Climate Science, Awareness and Solutions at the Earth Institute at Columbia University in the United States stated that the precautionary principle required immediate action to address global warming and deforestation to avoid violating the rights of future generations. The trial court ruled against the young people, who appealed.
Rule of Law
Issue
Holding and Reasoning (Villabona, J.)
What to do next…
Here's why 806,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.