‘For You Will (Still) Be Here Tomorrow’: The Many Lives of Intergenerational Equity

Bertram, Daniel

doi:10.1017/s2047102522000395

Cited by 9 publications

(6 citation statements)

References 40 publications

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“…Economist typically argue that this results from the fact that most adaptation measures have the features of a local public good. An alternative explanation, provided by lawyers mainly, is that the existing democratic institutions as well as legal regulations do not protect the interest of coming generations sufficiently (see Bertram 2022).…”

Section: Discussionmentioning

confidence: 99%

Intergenerational Fairness and Climate Change Adaptation Policy: An Economic Analysis

Stephan

2023

GLCE

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Compared to existing needs climate change adaptation policies are significantly deficient. Since many adaptation measures have the feature of a local public good, and since benefits accrue to later generations mainly, most environmental economists would argue that the public goods issue is the most plausible reason why incentives are often insufficient for achieving the optimal level of adaptation. Within a stylized overlapping generation model, we show that adaptation is subject to severe intergenerational consistency problems, if pure self-interest is a feature if the generation`s behavior. This explains among others why too little is invested into climate change adaptation. We also show that if the distribution of income between generations matters or if generations behave altruistic, this consistency conflict can be solved and offers possibilities for policy intervention.

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Section: Discussionmentioning

confidence: 99%

Intergenerational Fairness and Climate Change Adaptation Policy: An Economic Analysis

Stephan

2023

GLCE

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“…147 Plaintiffs seeking to establish standing on behalf of generations unborn face challenges rooted in the conceptual difficulty of claiming representation for future individuals. 148 Transgenerational entities 149 such as communitieswhich include states, tribes and cities, as well as specialized spokesperson institutions 150 have already succeeded in bringing intergenerational claims to courts. 151 Children and youth plaintiffs are the other types of actor who typically have standing; they comprise around a quarter of the claimants in rights-based climate change lawsuits.…”

Section: Access To Justice In Future Generations Litigationmentioning

confidence: 99%

Transforming the Rule of Law in Environmental and Climate Litigation: Prohibiting the Arbitrary Treatment of Future Generations

Sulyok

2024

TEL

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This article maps the shared legal anatomy of climate and environmental lawsuits, in which plaintiffs claim protection for future generations before domestic or international courts. By closely analyzing the litigation strategies of plaintiffs and the inquiry of courts, the article argues that these proceedings revolve around structurally similar legal standards across domestic and international jurisdictions, which correspond to five normative requirements flowing from the rule of law: namely, respect for human rights, certain quality of law requirements, prohibition of arbitrary exercise of governmental powers, non-discrimination, and access to justice. The cross-jurisdictional analysis shows that courts appear to be increasingly willing to protect future generations against arbitrary treatment by present-day decision makers. The article appraises whether such an intergenerationally sensitive reinterpretation of the rule of law could help to change the short-termist paradigm of environmental and climate law.

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“…This is where international law can learn from some of the developments regarding ecocentric understanding of harm and reparation emerging under RoN. 119 Another perspective on nature's rights to a future concerns the rights of future generations, which have been affirmed in various environmental instruments, 120 declarations and statements on climate change, 121 and in several court rulings and decisions. 122 Taken together, these various treaties, declarations, and cases underline an international normative focus on the duty to protect nature for future generations.…”

Section: Caring and Speaking For Nature: Decolonizing Stewardship?mentioning

confidence: 99%

Creating Synergies between International Law and Rights of Nature

Gilbert

2023

TEL

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Against the backdrop of failing environmental governance, rights of nature (RoN) are lauded as the paradigm shift needed to transform law's approach to nature. RoN have been increasingly proclaimed at the domestic level but remain mostly absent from international law. As examined in this article, this is notably as a result of some profound incompatibilities between international law and RoN, including the fact that most international treaties approach nature as a resource to be owned, exploited or protected for the sake of humans. However, despite this dominant approach to nature, some areas of international law, notably under the leadership of Indigenous peoples, are starting to acknowledge a more relational approach to nature, putting forward concepts of care, kinship, and representation of nature in international law. Building on these developments, this article offers a reflection on potential synergies between RoN and international law, specifically by changing the latter's approach to nature. It argues that some of the RoN concepts concerning duty of care, institutional representation of nature's voice, and ecocentrism could serve as a platform to reinterpret some of the anthropocentric principles of international law, creating some potential synergies between RoN and international law.

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‘For You Will (Still) Be Here Tomorrow’: The Many Lives of Intergenerational Equity

Cited by 9 publications

References 40 publications

Intergenerational Fairness and Climate Change Adaptation Policy: An Economic Analysis

Intergenerational Fairness and Climate Change Adaptation Policy: An Economic Analysis

Transforming the Rule of Law in Environmental and Climate Litigation: Prohibiting the Arbitrary Treatment of Future Generations

Creating Synergies between International Law and Rights of Nature

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