Congolese state responsibility for climate inaction (Paperback)

This essay analyzes the issue of state responsibility for climate inaction in the hydrocarbon sector, particularly in the case of methane gas in the Gulf of Kabuno. In view of the State's obligation under Principle 7 of the Rio Declaration and Article 53 of the Constitution, the State's failure to take measures to ensure a healthy environment for all is likely to engage its responsibility. The case under review is a case in point. The State is obliged to respect the precautionary principle, but in this case, the State has failed to act. This inaction is at the root of a loss of eco-anxiety that deserves to be compensated. On the subject of the State's justiciability, we have noted that, despite the mechanisms of ordinary law, the State is under a clear obligation to act to prevent the imminent danger of gas in the Gulf of Kabuno. Secondly, in view of the complexity of environmental law, we noted the need to create a specialized chamber within the administrative courts to deal with this type of issue in accordance with the requirements of the art.