Rights Of Future Generations Research Articles

Значение категории «земля» как отправная точка правового регулирования

The legally established meaning of land is the starting point not only for land law, but also for public policy in general. The modern meaning of land covers three aspects: land as a natural object, land as a natural resource and land as a real estate object. Ways to improve land legislation from the point of view of specifying the meaning of land are seen in ensuring the rational use and protection of land, the priority of protecting human life and health when making decisions on the use of land, and the participation of citizens in resolving issues related to the use of land in their place of residence. It is proposed to expand the meaning of land in the future by recognizing the emotional and moral connection of a person with the land as a value subject to protection, as well as regulating the rights of future generations in relation to the land.

Extinction Rebellion’s disobedient environmental citizenism

ABSTRACT We examine the public protest of Extinction Rebellion (XR) in the UK as a specific political practice. We do so through our observation of the plea hearings of activists charged with public order offences during the April 2019 London ‘Rebellion’, focusing on those pleading guilty at the first opportunity. We show how these narratives establish the values and beliefs of these activists, including their relationships to existing state agencies and institutions, the extent and nature of their public duties and the corresponding rights they encode, and the definition of the political community they represent. Drawing on the importance of embodiment in the critical environmental citizenship literature, we highlight how these narratives reveal tensions and inconsistencies between disobedient action and structural critique, as they reveal a ‘disobedient environmental citizen’ whose orientation is primarily based on an individualised civic duty in the service of the localised rights of future generations.

Environmental geomorphology of Wadi Al-Batin, Kuwait: Unveiling natural and anthropogenic influences

Wadi Al-Batin is an ancient valley that acts as the natural boundary between Iraq and Kuwait and is part of the larger Wadi Al-Rummah Basin in Saudi Arabia. Since the 1980s, human activities like military zones, oil fields, and camps have caused significant environmental changes in the area's geological, geomorphological, and hydrological conditions. This study investigates changes in the geomorphology, sedimentology, and topography of Wadi Al-Batin, land degradation and environmental changes caused by artificial landforms and natural factors and provides an update to the sedimentological map of Wadi Al-Batin. The study utilized field observations, geographical information systems (GIS), and remote sensing (RS) techniques to develop a geodatabase across various disciplines. A detailed map of the environmental geomorphological changes in Wadi Al-Batin was created using satellite imagery from 2000 to 2023 to provide up-to-date and precise information. The study also considered changes in the normalized difference vegetation index (NDVI) and normalized difference water index (NDWI) as indicators of environmental change. The results indicate that the surface deposits exhibited polymodal and trimodal modes (40% and 36%, respectively), were sandy and medium-coarse-grained, and showed variability in sorting, skewness, and kurtosis. They originated from the Upper Member of the Dibdibah Formation, were frequently fluvially reworked, and predominantly consisted of quartz with lower amounts of calcite. This study contributes to the preservation of environmental systems and assists decision-makers in protecting the rights of future generations to a sustainable environment.

Constitutionalization of Environmental Protection: Comparative Dimension

Modern comparative constitutional studies go beyond the analysis of traditional institutions. In particular, the process of constitutionalization of environmental protection is developing very dynamically. In the 1970s these issues were enshrined in four constitutions, at present they are contained in 157 constitutions of the countries of the world. The subject of constitutional regulation is significantly expanding: it includes the principles of environmental law, directions of environmental policy, environmental rights of future generations and institutional mechanisms for their protection. The evolution of constitutional provisions follows the drafting of soft international law norms. The countries of the global South are more active in this area of constitutional regulation than the countries of the global North. Certain regional approaches in this area have already emerged. Thus, in Latin American states there is a transition from anthropocentrism to ecocentrism, nature and its individual objects are recognized as subjects of law.

Climate Change, Children’s Rights and the Rights of Future Generations

The children’s right to a healthy, clean, and sustainable environment is intrinsically linked to climate change. Among various international legal instruments, the Convention on the Rights of the Child (CRC) stands out as a critical framework for safeguarding children against rights violations arising from climate change. The right to a healthy, clean, and sustainable environment intersects with numerous CRC provisions. This study argues that CRC provisions, particularly the principle of the best interests of the child, can and should be strategically employed in climate litigation. The CRC is also pivotal for recognising the rights of future generations—often mentioned in landmark climate cases but still debated as to whether they hold a rights-bearing status. Failing to acknowledge the rights of future generations as integral to child rights presents a significant obstacle to effectively securing the right to a healthy, clean, and sustainable environment for children. This study argues that relevant CRC articles can be utilised in climate litigation to encompass the rights of future generations, thereby more effectively upholding the rights of children today and those who will be born in the future.

The Common Heritage of Mankind and the Rights of Future Generations in Outer Space Exploration: The Ethical Frontier

This article explores the ethical frontiers of outer space exploration, focusing on the common heritage of mankind and the rights of future generations. It delves into the historical evolution of international space law, examines key treaties and agreements, and applies Elinor Ostrom's principles of resource management to space governance. The article emphasizes the importance of ethical considerations, such as the rights of future generations, and provides a comparative analysis of different ethical theories relevant to space exploration. By integrating stakeholder perspectives, including those of non-space-faring nations and private companies, the article proposes new governance models for the sustainable and equitable management of outer space resources. The findings suggest that a balanced approach, considering diverse viewpoints and ethical implications, is crucial for the future of space exploration.

Sustainable Development and the Rights of Future Generations in the Iraqi Constitution of 2005: A Comparative Study

It seems we are sleepwalking towards a climate catastrophe," and "The era of global warming has ended, and the era of global boiling has begun," are two quotes from UN Secretary-General António Guterres, the first in March 2022 and the latter in July 2023. He warns of countries neglecting their climate commitments and many, both developed and others, not adhering to the implementation of sustainable development plans. Sustainable development is no longer just a term or concept to be added to the field of other terms and concepts; it is an urgent necessity, and neglecting it signals a serious danger. The World Commission on Environment and Development defines it in its 1987 report titled "Our Common Future" presented to the United Nations as "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." It is clear that the issue of sustainable development is not new or emergent; it was discussed in the 1980s. Nor is it a secondary or marginal issue; it is supported by the United Nations. It is surprising that the Iraqi Constitution of 2005 does not mention sustainable development, even though it was written nearly a quarter-century after the term became widespread. The current constitution refers to the word "development" without specifying its meaning or content, whereas some constitutions, such as the amended Egyptian Constitution of 2014, clearly and explicitly refer to sustainable development and the rights of future generations. Respecting the rights of future generations is one of the most important topics that constitutional lawmakers should include at the core of the constitutional document to grant it both substantive and formal supremacy, giving it the necessary priority and care.

A fenntartható élelmiszer-fogyasztás összefüggései

The past seventy years have been perhaps the fastest development phase in human history. The concept of sustainable development is the sense of responsibility towards future generations, the so-called emphasizes intergenerational solidarity by recognizing the right of future generations to meet their needs. The biggest challenge facing humanity is finding solutions to reduce the damage it causes. The key to this is changing consumption habits. We believe that a food consumption structure that has a low environmental impact, but at the same time an insufficient nutrient density, cannot be considered sustainable, as this leads to malnutrition and deficiency diseases. A sustainable food system (SFS) is a food system that ensures food security and healthy nutrition for all, in a way that does not jeopardize the economic, social and environmental foundations for future generations. Based on what has been described so far, it is clear that the environment and health are two key dimensions of a sustainable diet or sustainable food consumption. The article presents the implementation possibilities of sustainable food consumption through examples.JEL Codes: E2, Q5

The Rights of Future Generations and the Burden of Present Generations in Protecting the Environment

In Europe, one’s right to the environment was explicitly established as a fundamental human right, and was also established in the interests of future generations. Damage to the environment causes, in most cases, long-lasting, negative effects which have a negative impact on posterity, i.e., those future generations which need to be protected, due to which it is necessary to intervene with effective policies that lead to an ecological transition achieved with a reduction in extant polluting substances. The goal of this article is to understand whether or not future generations are holders of an active subjective juridical situation in terms of an individual’s right to a healthy environment. A comparative analysis of jurisprudential and doctrinal sources aims to discard the option of considering future generations as holders of a subjective right to a healthy environment and will focus on current subjects upon whom many constitutions impose a legal situation aimed at implementing a series of climate-protection actions for those who will come in the future.

Climate Guardians: Navigating the Future in the 2021 German Climate Verdict and Constitutional Landscape

In the realm of intergenerational justice, green constitutionalism underscores the necessity for present generations to make choices that do not jeopardize the capacity of future generations to fulfill their needs independently. The climate verdict defending the rights of future generations by the German Federal Constitutional Court (Bundesverfassungsgericht) of March 2021 was a game changer in that regard. For the first time in Germany’s climate litigation, the fundamental rights of future generations were subject to constitutional claim and enforceable. They were no longer just a normative claim. Constitutional courts can be seen as defenders of the fundamental rights of future generations where constitutions include such normative perspectives. While the Court upheld the infringement of the fundamental rights of the adolescent plaintiffs in the future, the representation of not-yet-born generations remains unclear. This article examines how the 2021 German climate verdict and constitutional provisions address the representation and protection of the interests of future generations represented by the plaintiffs concerning climate change on the one hand and discusses the potential of protecting the fundamental rights of not-yet-born future generations. The article considers the implications for intergenerational justice and explores how these legal frameworks provided by the Constitution may contribute to the formulation of sustainable policies aimed at ensuring the long-term well-being of future generations. There is an urgent need to develop an institutional regime where the needs and rights of future generations are being considered and included in decision-making processes.

The Role of International Judiciary in Protecting the Environmental Rights of Future Generations

The article analyses the role of the international judiciary in protecting the environmental rights of future generations to achieve the sustainable development goals pursued by different countries. The problem of the study was the extent to which international jurisdiction contributed to protecting the rights of future generations. The study aimed to demonstrate and determine the content of the intergenerational theory of environmental justice and the extent to which constitution’s guarantee future generations' right to a healthy environment. The research discovered various results and recommendations, but the most significant was that constitutions, international agreements, and international acts should ensure a healthy and sound environment for future generations. International justice confirms environmental justice, contributing to the protection of future generations' environmental rights by appointing a National Council, General Representative, or Environmental Secretary of any designation to represent future generations before the judiciary and alert governments and citizens to environmental issues.

The Impact of Fluctuating Oil Revenues on Economic Growth: New Evidence from Saudi Arabia

The fluctuations that occur in oil revenues are among the main reasons that lead to disruptions in economies that depend on them. Hence, this study aims to find out the impact of fluctuation in oil revenues on the economic growth for the Kingdom of Saudi Arabia during the period from 2000 to 2020. The study showed that the relationship between the fluctuations of oil revenues and economic growth may be either a positive relationship, and this relationship is confirmed in oil-exporting countries, which is the most common relationship, or a negative relationship, and this relationship is confirmed in oil-importing countries, which is the exceptional case. In order to find out the direction of this relationship in the Kingdom, the study used the application of the Autoregressive Distributed Lag Model (ARDL) model. The study concluded that the fluctuations of oil revenues has significant positive effects on the economic growth of the Kingdom of Saudi Arabia in the short and long terms. Therefore, the study recommends the need for the Kingdom to exploit these revenues in areas that achieve a return for it at the present time and in the future, in a manner that guarantees the diversification of the economy and its non-disruption when any disturbances occur in these revenues, as well as keeping part of these revenues in its sovereign fund to guarantee the rights of future generations.

Employing Sustainable Development To Build Societies

Sustainable development is a term that takes into account the economic and social dimensions in the world. This means that development is an economic and social term that works to exploit the available resources in a way that meets all the needs of individuals while preserving the right of future generations. This dimension was drawn by the United Nations in the form of a map of environmental, social and economic development. The aim is to improve the living conditions of all members of this society, as well as to develop productive means, methods and management in a way that ensures that the earth's natural resources are not depleted by all resources and As if they are vectors and the goal we understand from that is that sustainable development is to reduce inequalities to build prosperous gatherings in which peace and justice are achieved, and this means that it is a call to create an ideal world that does not neglect anyone and to achieve sustainable development requires the eradication of poverty and the elimination of hunger and misery to obtain a new level of education as well as provide Clean energy, gender equality, and decent work for all members of society.

Possibilities and Approaches of European Court of Human Rights and Court of Justice of the European Union in Fundamental Rights Protection in the Context of Environmental Litigation

Two judicial bodies, but both without right to protect the environment established. This is also how the coexistence of the two important judicial bodies located in the European area could be briefly characterized. The European Court of Human Rights and the Court of Justice of the European Union were created for different purposes, but their jurisprudence in the area of environmental protection and the protection of people's lives and health from the negative consequences of climate change overlap more than it might seem at first sight. We find certain similarities in terms of ensuring a certain degree of protection of fundamental rights in the context of the environment. The European Court of Human Rights has a priority in terms of the protection of fundamental rights in Europe, but in the field of the environment it faces several problems. Especially when we are talking about the protection of rights for future generations, where there is no direct victim or direct violation of fundamental rights, only a very high risk of their violation. On the other hand, the Court of Justice of the European Union has a much greater assumption of effectiveness, which has the potential to change the legislation of the member states and thereby indirectly ensure the protection of people's lives and health. Recently, the activity of the European Commission has been increasing in the interest of achieving climate neutrality, and this also means greater pressure on the states in the interest of the complete and correct transposition of European regulations in the field of the environment. In case of deficiencies, the European Commission can intervene by filing a lawsuit according to Article 258 of the TFEU, and achieve the required remedy. Although, such a procedure is not primarily aimed at the protection of fundamental rights, the positive impact on their protection cannot be neglected.

Sustainability and Constitutions: Constitutional Law and the Dilemma of the Future

Abstract This article deals with the emerging concept of “sustainability”, that, according to the empirical research presented here, is mentioned in the text of 67 constitutions, very often in relation to the environment or with the rights of future generations. As the vast majority of those references consist in very general substantive provisions, needing legislative or judicial implementation, the article deals with the challenges brought by “aspirational constitutions” and with the role of the courts in their enforcement. Finally, I maintains that, in order to achieve the effectiveness, constitutions should include procedural provisions aimed at integrating sustainability instances (throughout specialized bodies) into the legislative process.

Intergenerational rights are children's rights: Upholding the right to a healthy environment through the UNCRC

This article reflects on intersections between intergenerational equity, children's rights and the rights of future generations. Recent climate cases involving children and youth are considered, and the fact that few rely on the UN Convention on the Rights of the Child (CRC) is analysed. It is emphasised that intergenerational rights are children's rights – children are a crucial link between current and future generations. In particular the principle of the best interests of the child, which is widespread in national legal systems, should be relied upon more frequently in climate cases. Arguments can be made that failing to accord sufficient attention to children's rights and interests in climate policies violates the best interests principle. Relying on the CRC may increase the chance of successful outcomes in environmental and climate cases; progressing the right to a healthy environment for all. It will also ensure that adequate attention for children's rights is embedded in such cases.

Intergenerational Justice as a Lever to Impact Climate Policies: Lessons from the Complainants’ Perspective on Germany’s 2021 Climate Constitutional Ruling

AbstractClimate litigation based on the constitutional rights of future generations is an emerging and promising approach to enforcing long-term policies based on intergenerational and climate justice. In Germany, a high-profile constitutional judgment triggered by climate activists ruled that the German climate policy infringes future freedom rights. Based on an assessment of legal opportunity structures and interviews with key actors, this research finds that the complainants utilised the opportunity to facilitate a strong public perception of intergenerational injustice set by the Fridays for Future movement. While the court’s response in the form of the intertemporal effect doctrine is ambiguous and does not constitute clear fundamental rights of future generations, the complainants reached their strategic goal to directly influence policymakers and draw public attention to the issue of climate protection as an intergenerational responsibility. An interplay of four different legal arguments and numerous actors associated with the climate movement was crucial to triggering this outcome. These findings from a sociolegal bottom-up perspective are of great relevance as they show that impactful climate litigation through intergenerational principles relies on the strategic utilisation of the cultural context beyond the legal sphere.

The transformation of theology in the present climate crisis

Humanity is facing an ecological catastrophe. Culprits include a linear understanding of time which looks only to the future and the human belief in progress. This ideology has remained the same in the search for solutions; technological progress must provide the answer. However, the article argued that a green transformation is needed. Ecological justice is required. Not only the rights of humans but also of nature, the earth and animals should be respected. Ecological justice and social justice are connected. This pertains to the rights of future generations to achieve a green transformation of urban life (Moltmann 2019:87).The article proposed three changes. Firstly, nature should no longer be seen and treated by humans as an object to be exploited but instead as a fellow subject in the green creation community. Secondly, humanity should be seen as embedded in this community of creation. Thirdly, a new cosmic spirituality with a deep respect for life and everything that lives is needed.Contribution: This article exposed and overturned the much taken-for-granted paradigm of progress towards the future that currently dominates humanity. It illustrated the consequences of this way of thinking. It proposed a radically different yet simple, spiritual and highly respectful alternative view of creation.

The Great Ecological Transformation

This article offers a theological rationale for engaging in a great ecological transformation. The author argues that this transformation cannot be achieved solely with technological means. Rather, we need far more than a great industrial transformation. We also need ecological justice that gives the nature of the earth and the animals their rights; recognition that ecological justice is related to social justice and, especially, to the rights of future generations; a new understanding of nature that liberates the nature of the earth from its modern, alienated status as a mere object; a new understanding of humanity that embeds human beings in the community of creation; and finally, a new cosmic spirituality that sanctifies lived life and engenders “respect for life” for everything that lives.

The Governance of Land Use: A Conceptual Framework

How land is used is connected to some of the most important issues of our time: sustainable development, economic development, reducing territorial inequalities and the rights of future generations, to name but a few. There is growing recognition that a wide range of policies shape how land is used and managed beyond that of land use and environmental planning systems. From fiscal and tax incentives to industry subsidies and infrastructure or transportation program design, a myriad of incentives and disincentives shape the decisions and interventions that play out across our land, often leading to adverse outcomes, such as a loss of agricultural land, environmental degradation, high housing prices or costlier services. This paper shares a conceptual framework for the governance of land use encompassing a range of policies and other factors across scales that shape how land is used and managed. This framework encourages consideration of the incentives, disincentives and complementarities across a range of policies and practices and the need for stronger alignment to meet land management goals.