Building on the distinction between the two manifestations of intergenerational equity in Chap. 2 , this chapter addresses, first, the normative capacity of both manifestations and, second, their legal status as treaty and/or customary international law. Based on Ronald Dworkin’s typology of policies, principles and rules, both manifestations of intergenerational equity are found to have normative capacity. The general conception of intergenerational equity constitutes a legal principle, whereas the specific doctrine constitutes a legal rule. Despite this normative capacity, the manifestations differ with regard to their legally binding character under international law: While the general conception constitutes a binding norm of both treaty and customary international law, there is not enough evidence to establish the customary nature of the specific doctrine of intergenerational equity as part of binding customary international law. Yet, there are tendencies of an emergence of said doctrine in the future.

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Legal Nature of Intergenerational Equity: Normative Capacity and Legal Status

  • Ammar Bustami

摘要

Building on the distinction between the two manifestations of intergenerational equity in Chap. 2 , this chapter addresses, first, the normative capacity of both manifestations and, second, their legal status as treaty and/or customary international law. Based on Ronald Dworkin’s typology of policies, principles and rules, both manifestations of intergenerational equity are found to have normative capacity. The general conception of intergenerational equity constitutes a legal principle, whereas the specific doctrine constitutes a legal rule. Despite this normative capacity, the manifestations differ with regard to their legally binding character under international law: While the general conception constitutes a binding norm of both treaty and customary international law, there is not enough evidence to establish the customary nature of the specific doctrine of intergenerational equity as part of binding customary international law. Yet, there are tendencies of an emergence of said doctrine in the future.