Abstract

In this paper, I argue that the normative framework of liberal democracy is one of the sources of the failure of international climate politics. The liberal framework makes it very likely that at least some democracies will not consent to an international agreement to mitigate greenhouse gas emissions. In this situation, the institution of judicial review might be viewed as crucial to overcome the risk of a tragedy of the commons. However, judicial review cannot serve this purpose in the case of climate change and an institutional change of the kind required cannot be derived from within the normative framework of liberal democracy itself.