Principle Of Intergenerational Equity Research Articles

Intergenerational Preparedness: Climate Change, Community Interest Obligations and the Environmental Rule of Law

AbstractThis article argues that the protection of ‘community interests’ in international law includes intertemporal obligations of States, in cases where it is scientifically foreseeable that preserving the ‘status quo’ of a protected community interest is increasingly unlikely. The argument is developed for climate change as a ‘common concern of humankind’ and based on the premise that even if a temperature limitation of 1.5°C would be achieved towards the end of this century, future generations will nevertheless live in a world that has fundamentally changed due to current policy and law choices. The article introduces the new concept of ‘intergenerational preparedness’ to operationalise and expand the normative scope of the principle of intergenerational equity. While some argumentative structures will be examined where intergenerational preparedness can be given effect through legal interpretation, the expectation that States must adopt preparatory measures to account for their community interest obligations deserves a more explicit recognition. It is a matter of the (environmental) rule of law to protect community interests on a time continuum, and this encompasses measures to prevent the deterioration of protected interests and to prepare communities for foreseeable detrimental changes.

The Law Is Elastic but Does Not Bend: A Literal Interpretation of European Union Chemical Legislation Could Leave Health and the Environment Unprotected

AbstractThis piece addresses Case C-458/19 P before the Court of Justice of the European Union (CJEU) concerning a substance of long-term exposure, namely bis(2-ethylhexyl) phthalate (DEHP). The case concerned the interplay of two complex procedures of European chemical law, namely: the procedure for authorising the use of a substance listed in Annex XIV of Regulation (EC) No 1907/2006 (REACH Regulation); and the procedure for listing a substance in Annex XIV of the REACH Regulation on the basis of its intrinsic properties as a substance of very high concern for the risks it poses, or may pose, to human and environmental health. The significance of this judgment is that it provides a better understanding of how Article 60(4) of the REACH Regulation is interpreted in an analogous manner in relation to other provisions of the same Regulation. Whether DEHP is a question of reproductive toxicity (Article 57(c) of the REACH Regulation) or endocrine-disrupting properties (Article 57(f) of the REACH Regulation), this judgment offers insights into the limits of the CJEU’s willingness and/or ability to use a teleological approach to interpret legislation in this area. Furthermore, this work supports the possibility of applying the principle of intergenerational equity to issues related to long-term exposure such as this one.

Beyond OPOSA: Courts reinforcing intergenerational equity as customary international law

AbstractIn recent years, children across the globe, such as Greta Thunberg and Kelsey Juliana, are seen at the front line of efforts to hold governments accountable for environmental damage. In the Philippines, the case of Oposa v. Factoran gave legal standing to minors and unborn generations invoking their constitutional right to a balanced and healthful ecology. The Philippine Supreme Court based its decision on intergenerational equity—a principle stating that every generation has an obligation to protect the environment for the next.Representation of future generations in courts is not a new concept, nor is it unique to the Philippines. By examining national laws, treaties and conventions and court decisions by both domestic and international courts, this article aims to show how intergenerational equity has been widely recognised by almost all countries globally as evidence of state practice and opinio juris.This article argues that the principle of intergenerational equity is ripe for consideration as customary international law and discusses how domestic and international courts and tribunals have been instrumental in establishing such and recommends that children and unborn generations be given legal standing as a necessary consequence.

PENGGUNAAN PRINSIP INTERGENERATIONAL EQUITY DALAM PERLINDUNGAN HUKUM TERHADAP KESEJAHTERAAN HEWAN DI TEMPAT WISATA DARI KEKEJAMAN

<div>Good animal welfare occurs when the health, nutrition, behavior, environmental and psychological needs of animals are met. However, the captivity of wild animals by tourist attractions is often not able to meet the needs of these animals. In addition, the exhibition and training of wildlife by tourist sites is carried out through a process that results in unnecessary suffering. This legal research aims to analyze the legal protection of animal welfare from cruelty in tourist attractions based on the principle of Intergenerational Equity and to analyze the application of these principles in tourist attractions to the national laws of several countries (Indonesia and United Kingdom) in protecting animal welfare from cruelty. The results of this legal research show that: First, protection under existing international agreements has not been able to protect animal welfare from cruelty to the maximum, while the pure use of the principle of Intergenerational Equity cannot be the only source of international law to protect</div><div>animal welfare, especially in places travel. Second, Indonesian national law applies this principle more to animal welfare laws than national law of the United Kingdom does.</div>

Balancing its way out of strong anthropocentrism: integration of ‘ecological minimum standards’ in the European Court of Human Rights’ ‘fair balance’ review

This article argues that the Strasbourg system of environmental human rights can and ought to transition to the regime of ecological human rights. It proposes that, independently of the possible recognition of the autonomous right to a healthy environment, such transition can be achieved by integrating ecological minimum standards into the European Court of Human Rights’ ‘fair balance’ review. These ecological minimum standards are a set of notions that express the legal paradigms of immersive anthropocentrism and ecocentrism; that give due consideration to climate and biodiversity crises; and that include the concepts of sustainable development and sustainable use of natural resources, as well as the principles of intergenerational equity, precaution and in dubio pro natura. A comparative law methodology is employed to illustrate the effective judicial integration of such standards by fundamental and human rights jurisdictions in Latin America.

Sustainable Enviromental Management dalam Mengatasi Permasalahan Kerusakan Lahan Akibat Penambangan Galian C di Kabupaten Karangasem

The topography of Karangasem Regency is very varied, in the form of plains, hills, mountains, namely the highest mountain in Bali (Gunung Agung). The location of Karangasem Regency which is close to Mount Agung causes Karangasem Regency to have a wealth of natural resources in the form of class C minerals, namely sand and rocks which are abundant compared to other regencies in Bali. The government of Karangasem Regency collects taxes on group C mining entrepreneurs. Exploitation of land in Karangasem Regency carried out by C mining entrepreneurs has a negative impact, namely environmental damage. The purpose of this study was to determine the implementation of Sustainable environmental management in overcoming the problem of land damage due to excavation c mining in Karangasem Regency. The research method used is the library research method. The results of the study showed that there was critical land due to mining business activities of C excavation which did not carry out land reclamation after post-mining. This is because the C mining entrepreneurs in Karangasem Regency do not carry out the basic principles of Sustainable Environmental Management, namely the principle of Intragenerational equity, the principle of intergenerational equity, the principle of preventive action, the principle of prudence, the precautionary principle and the polluter-pays principle.

Sustainable Enviromental Management dalam Mengatasi Permasalahan Kerusakan Lahan Akibat Penambangan Galian C di Kabupaten Karangasem

The topography of Karangasem Regency is very varied, in the form of plains, hills, mountains, namely the highest mountain in Bali (Gunung Agung). The location of Karangasem Regency which is close to Mount Agung causes Karangasem Regency to have a wealth of natural resources in the form of class C minerals, namely sand and rocks which are abundant compared to other regencies in Bali. The government of Karangasem Regency collects taxes on group C mining entrepreneurs. Exploitation of land in Karangasem Regency carried out by C mining entrepreneurs has a negative impact, namely environmental damage. The purpose of this study was to determine the implementation of Sustainable environmental management in overcoming the problem of land damage due to excavation c mining in Karangasem Regency. The research method used is the library research method. The results of the study showed that there was critical land due to mining business activities of C excavation which did not carry out land reclamation after post-mining. This is because the C mining entrepreneurs in Karangasem Regency do not carry out the basic principles of Sustainable Environmental Management, namely the principle of Intragenerational equity, the principle of intergenerational equity, the principle of preventive action, the principle of prudence, the precautionary principle and the polluter-pays principle.

Indigenous youth and international conservation law: Five case studies

AbstractThe principle of intergenerational equity plays a fundamental role in international conservation law. In this article, we analyse in how far the principle is applied with regard to indigenous youth. By scrutinizing the Whaling Convention, the Ramsar Convention on Wetlands, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, the Convention on Conservation of Migratory Species and the Convention on Biological Diversity, we analyse the extent to which key regimes in international conservation law have internalized the principle in relation to a stakeholder group that is not overly prominent. We conclude that there are fundamental differences between the regimes in question. Although the Ramsar Convention and the Biodiversity Convention have either included the principle from the outset or responded to a changing environmental discourse, the others show significant shortcomings in this regard. Therefore, it is important that institutions develop mechanisms to effectively address intergenerational equity, especially with regard to indigenous youth.

FUTURE GENERATIONS AND THE ENVIRONMENT: A RIGHT TO INTERGENERATIONAL EQUITY UNDER INTERNATIONAL LAW?

Climate change is becoming ever more pertinent and its impact ever more devastating. Issues such as deforestation, loss of biodiversity, and desertification are increasingly prevalent, leaving the present generation with numerous problems to contend with. But as climate change intensifies, those who will surely bear an even greater burden are the ones yet to come. Unless some form of equality is established between generations, future generations are likely to find themselves in a precarious and inhospitable environment. It is argued that one way of achieving an intergenerational balance is through a right to intergenerational equity. This article analyses the development and progression of the principle of intergenerational equity in international law. In doing so, the article interrogates the sources of international environmental law as well as international human rights law to determine whether a right to intergenerational equity exists. This analysis finds that no right to intergenerational equity has arisen under international law. Nonetheless, there seems to be a definitive trend toward the realisation of such a right on the international stage. Until such time as there is a right to intergenerational equity, certain institutions and mechanisms could be implemented or relied upon to safeguard the environmental interests of future generations.

Discounting and life cycle assessment: a distorting measure in assessments, a reasonable instrument for decisions

Although the weighting of environmental impacts against each other is well established in life cycle assessment practice, the weighting of impacts occurring at different points in time is still controversial. This temporal weighting is also known as discounting, which due to its potential to offend principles of intergenerational equity, is often rejected or regarded as unethical. In our literature review, we found multiple disputes regarding the comprehension of discounting. We structured those controversial issues and compared them to the original discounted utility model on which discounting is based. We explain the original theory as an intertemporal decision instrument based on future utility. We conclude that intertemporal equity controversies can be solved if discounting is applied as an individual decision instrument, rather than as an information instrument, which could underestimate environmental damages handed to future generations. Each choice related to discounting—including whether or not to discount, or to discount at a rate of zero—should be well-founded. We illustrate environmental decision-related problems as a multidimensional issue, with at least three dimensions including the type of impact and spatial and temporal distributions. Through discounting framed as a decision instrument, these dimensions can be condensed into an explicit result, from which we can draw analogies to both weighting in life cycle assessment and financial decision instruments. We suggest avoiding discounting in environmental information instruments, such as single-product life cycle assessments, footprints, or labels. However, if alternatives have to be compared, discounting should be applied to support intertemporal decisions and generate meaningful results.

Old proverbs for a future sustainable development: An environmental management perspective

Although the concept of “sustainability” is attributed to Dr. Gro Harlem Brundtland, the principle of inter-generational equity substantiating it is older, at least in the Romanian tradition. This article attempts to take the first steps in looking for the roots of environmental sustainability starting from the traditional wisdom synthesized in proverbs, focusing on the sustainable environmental management. For this purpose, the universal and international principles of environmental law, which are interconnected to the concepts of environmental management (responsibility for protecting the environment) and scientific management in general (functions of the management, decision theory) are used as the backbone of a taxonomic approach. The concept of managerial responsibility takes in ecology the form of individual, group and collective responsibility for the decisions and actions related to the protection of the environment, and also the form of social responsibility. This study continues previous researches of the authors, opening the way to other trans- and interdisciplinary studies. Its main limitation (to Romanian proverbs) gives a possible direction for further research.

Intergenerational equity, equality and reciprocity in economically and politically turbulent times: narratives from across generations

AbstractThe concept of intergenerational fairness has taken hold across Europe since the 2008 financial crisis. In the United Kingdom (UK), focus on intergenerational conflict has been further sharpened by the 2016 ‘Brexit’ vote to take the UK out of the European Union. However, current debates around intergenerational fairness are taking place among policy makers, the media and in think-tanks. In this way, they are conversations about, but not with, people. This article draws on qualitative interviews with 40 people aged 19–85 years and living in North-East England and Edinburgh, Scotland's capital city, to explore whether macro-level intergenerational equity discourses resonate in people's everyday lives. We find widespread pessimism around young people's prospects and evidence of a fracturing social contract, with little faith in the principles of intergenerational equity, equality and reciprocity upon which welfare states depend. Although often strong, the kin contract was not fully ameliorating resentment and frustration among participants observing societal-level intergenerational unfairness mirrored within families. However, blame for intergenerational inequity was placed on a remote state rather than on older generations. Despite the precariousness of the welfare state, participants of all ages strongly supported the principle of state support, rejecting a system based on family wealth and inherited privilege. Rather than increased individualism, participants desired strengthened communities that encouraged greater intergenerational mixing.

Cascading impacts of climate change and the rights of children in Africa: A reflection on the principle of intergenerational equity

SUMMARY This article explores the manner in which climate action at the African regional level protects and promotes children's rights with considerations being had to the principle of intergenerational equity. It establishes that while the concept of intergenerational equity is entrenched in the international and African regional climate change framework for the protection of children, neither the Convention on the Rights of the Child nor the African Children's Charter mentions the concept. However, CRC and the African Children's Charter oblige states to take into consideration the views of children and protect their best interests in climate action (to ensure intergenerational equity) and in achieving a sustainable future. Using a doctrinal research method, the article examines the regional legal and institutional responses to the cascading impacts of climate change and how they safeguard children's rights to a sustainable future. It proceeds to critically analyse child rights-responsive provisions in the African Children's Charter that could potentially enhance the utility of the principle of intergenerational equity in the context of climate action in Africa. The article argues that the principle of intergenerational equity could, in theory, be used as a useful tool for the protection and promotion of the rights and interests of children from climate change impacts. Key words: children's rights; climate change; climate justice; future generations; intergenerational equity

Medioambiente en la jurisprudencia del Tribunal Europeo de Derechos Humanos: la imparcialidad generacional en la perspectiva del constitucionalismo multinivel

Aunque el concepto de “responsabilidad de las generaciones presentes frente a las futuras” tenga su origen en el pensamiento filosófico, su dimensión jurídica es igualmente relevante, concretamente con referencia a la potencial existencia de los “derechos de mañana”. El principio de imparcialidad generacional es afirmado en varias Constituciones y Tratados internacionales, y muchos Tribunales nacionales e internacionales se refieren al mismo en su jurisprudencia. Sin embargo, no hay ninguna mención explícita al concepto de “futuro” en el Convenio Europeo de Derechos Humanos. A partir de esta base, el artículo quiere mostrar cómo el Tribunal Europeo de Derechos Humanos, tras su actividad interpretativa, ha construido – y está construyendo – una serie de mecanismos para proteger a las generaciones futuras. Y esto se apreciará, en particular, en relación con el derecho humano a un medioambiente sano, otro derecho no afirmado por el Convenio, que ha ido configurándose en base al derecho al respeto de la vida privada previsto por el artículo 8. En conclusión, una vez recorrido el proceso de formación de esta jurisprudencia, se intentará demostrar la relevancia del Ordenamiento constitucional multinivel en este ámbito de investigación. Even though the concept of ‘responsibility of present generations towards future ones’ has its roots in philosophical thinking, its legal dimension is equally relevant and especially refers to the potential existence of ‘tomorrow’s rights’. More in detail, the principle of intergenerational equity is provided for in several constitutions and international treaties, and many national and international courts all over the world make reference to it in their case law. Quite the opposite, there is no explicit mention to the concept of “future” in the European Convention on Human Rights. Moving from these assumptions, this paper’s aim is to show how the European Court of Human Rights, by means of interpretation, has built – and is building – a series of “shields” in order to protect future generations. This is particularly true as far as the human right to a healthy environment is concerned, i.e. another right which is not mentioned in the Convention, but may inferred by the right to private life under its Art. 8 of the same Convention. In conclusion, after having inquired into that case law, an attempt will be made to prove how relevant the multilevel constitutional system is to this research field.

Major Challenges of Sustainable Development Today: The Need for a Comprehensive Global Environmental Policy

Sustainable development emerged as a concept in the early sixties when the ruthless industrialization in the developed countries started showing visible signs of natural degradation and problems of pollution and ill health. Sustainable development became a wholesome word after the Brundtland Commission Report of 1987 (World Commission on Environment and Development, & Brundtland, G. H., 1987). It has three fundamental principles of inter-generational equity and justice, intra-generational equity and justice and that of the respect for the carrying capacity of the land. Since the definition given by the report fails to define the processes underlying the complexities and contradictions within which international decisions are taken, the industrialized and the less-industrialized countries have defined the term to suit their own requirements. However, there is a basic value inherent in this concept which everyone agrees to and that is the respect for human needs only in relation to the environmental capability to support the largest number of people to the longest possible time frame. However, only within the last decade have these activities focused more directly on pollution prevention and is suffering major challenges thereby there is a need for a comprehensive global environmental policy. Despite the substantial efforts that are now aimed at improving source reduction as well as tailoring processes to separate, recycle and reuse by-products, still, there is a need to seriously act on the need for survival. DOI: 10.5958/2347-6869.2019.00008.6

Intergenerational Equity and the Sustainable Development Goals

The contribution of the present research is to link the global consensus in international legal scholarship on the principle of intergenerational equity to the Sustainable Development Goals (SDGs). The methodology used is, first, to provide a literature review of theories of intergenerational equity developed in international law scholarship, followed by a textual analysis of the United Nations General Assembly (UNGA) resolution that contains the SDGs. To place the SDGs in their proper context, an overview is provided of the most important declarations on sustainable development of the United Nations General Assembly (UNGA), and outcome documents of the most important World Conferences on sustainable development organized under the auspices of the United Nations. Two general conclusions can be drawn from the present research: in international law scholarship and in the SDGs and previous declarations, the earth is generally seen as a resource, to be used by present and future people, and not as something warranting respect regardless of its worth to human beings. Second, the main challenge is to find a proper balance between intergenerational equity—present and future people—and intragenerational equity—the rich and the poor of the present generation.

Maintaining Long-Term Sustainability of Outer Space Activities: Creation of Regulatory Framework to Guide the Asia-Pacific Space Cooperation Organization and Selected Legal Issues

This article provides a summary on the origins of the concept of the long-term sustainability of outer space activities (LTSOSA) by reviewing previous discussions related to the definition of this concept with the conclusion that the LTSOSA is in fact derived from the concept of sustainable development and comprises 5 legal elements, including the principles of intergenerational equity, sustainable use, intragenerational equity, integration, and peaceful purposes. In this regard, the LTSOSA to some extent has been already reflected in international environmental law and international space law. This article, therefore, argues that to enhance the LTSOSA, the Asia-Pacific Space Cooperation Organization (APSCO), which is a regional intergovernmental cooperative organization, has to embrace an LTSOSA regime because of its own interests, the need to fulfill its international obligations that have been imposed by international environmental law and international space law, and the need for regional efforts, which can complement both national and international efforts. Finally, it is concluded that the APSCO should establish internal legal regulations that address issues related to the LTSOSA, at least those that take into consideration space debris mitigation, space weather, space traffic management, capacity building (especially the transfer of space-oriented environmentally sound technology), and radio frequency interference.

The Achilles heel of participatory conservation

Although participatory planning for conservation has gained prominence over the past few decades, whether this process is successful in protecting biodiversity is still controversial. Moreover, the initial, constitutive decisions about whom to include in the process may undermine the sometimes-implicit goal that non-participants will find the outcomes legitimate and equitable. Different pitfalls relate to the proper representation of all public interests, such as tyranny of the minority or conflicts of interest. We focus on the effective integration of the broad public interest into decisions on use and preservation of the environment, including biodiversity, and we argue why the broad public interest should be considered a prerequisite to processes that are democratic, legitimate and equitable. When narrower interests become entrenched, conservation conflicts can become chronic as opponents take irreconcilable positions and polarize debate. Participatory decision-making processes could be improved by codifying the democratic principles of intergenerational equity and the public trust doctrine. We make recommendations on how to integrate the broad public interest in conservation decisions.

Assessing the impacts of uncontrolled artesian flows on the management of groundwater resources in the Jordan Valley

The deep wells drilled along the eastern escarpment of the Jordan Valley penetrate confined aquifers that produce thermal and mineralized artesian water. Uncontrolled flows from poorly constructed and uncapped artesian wells over the last 30 years have caused the deterioration of the quality of shallow groundwater and surface water. They also have been accelerating the discharge of saline water from deep aquifers and have caused the loss of shallow fresh groundwater resources through the downward percolation of fresh water to replace the extracted deep salty groundwater. A lack of adequate controls on the construction and maintenance of artesian wells is leading to widespread water quality problems in the region, which limits the ability of future generations to access high-quality water, a clear breach of the principle of intergenerational equity.

A Globalização e o Acesso Equitativo do Uso de Recursos Naturais na Contemporaneidade: Um Diagnóstico Sob o Viés do Princípio da Equidade Intergeracional

O artigo realizar um diagnóstico sobre como a globalização desencadeia a mercantilização/depredação dos recursos naturais em escala local/global para atender os interesses do mercado e da atuação do princípio da equidade intergeracional para tentar refrear esse fenômeno. A pesquisa vale-se do método dedutivo, bem como se utiliza de aportes dialéticos no intuito de realizar uma análise mais acurada sobre o fenômeno. Num primeiro, momento debruçar-se-á sob como a globalização altera do padrão de consumo dos indivíduos em nível local/global. Por fim, delinear-se-á a atuação do princípio da equidade intergeracional junto ao ordenamento jurídico para tentar coibir a degradação ecológica.