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Wicked problems and a 'wicked' solution
1Faculty of Public Health and Policy, London School of Hygiene and Tropical Medicine, 15-17 Tavistock Place, London, WC1H 9SH, UK. helen.walls@lshtm.ac.uk.
Globalization and Health
|April 15, 2018
Summary
A Dutch court ruling mandated greenhouse gas emission reductions, demonstrating a novel legal strategy to combat climate change. This approach offers a potential pathway for addressing complex global challenges and inspiring similar actions worldwide.
Area of Science:
- Environmental Law
- Public Health Policy
- Climate Change Litigation
Background:
- Complex global issues like climate change, biodiversity loss, poverty, obesity, and food insecurity are termed 'wicked problems'.
- Despite understanding solutions for these challenges, a 'tipping point' for effective action remains elusive.
- Urgent action is necessary due to the significant risks associated with inaction on these critical issues.
Purpose of the Study:
- To explore the potential of judicial strategies in addressing 'wicked problems', specifically climate change.
- To analyze the implications of a landmark court ruling on government climate policy.
- To assess the replicability and impact of legal interventions in driving regulatory change.
Main Methods:
- Analysis of a 2015 court ruling in The Hague concerning the Dutch government's climate change policies.
- Examination of the legal basis for the lawsuit, including human rights and climate treaties.
- Assessment of the ruling's potential to inspire civil movements and serve as a template for other 'wicked problems'.
Main Results:
- A Dutch court ruled the government's climate change stance illegal, ordering a 25% reduction in greenhouse gas emissions by 2020 (relative to 1990 levels).
- The lawsuit was filed by 886 citizens alleging violations of human rights and climate treaties.
- The ruling has the potential to serve as a model for addressing other intractable environmental and social issues.
Conclusions:
- Judicial strategies, while not a panacea, can be a 'game-changer' for domestic regulatory reform.
- The Dutch court case provides a replicable model for addressing 'wicked problems' in other jurisdictions.
- This legal approach exemplifies an innovative strategy for tackling seemingly intractable global challenges.