This chapter addresses the complex structural issues of intergenerational equity, meaning the duty-bearers and right-holders of intergenerational equity as well as the frameworks of representation for future generations. With regard to the duty-bearers, States remain the primary actors that are obliged to take into account future generations. Beyond States, there are some developments with a view to conferring international duties also to private corporations, but there are no such international duties as of today. The question whether future generations are right-holders under international law is strongly intertwined with several conceptual objections, already addressed in Chap. 3 . The current chapter concludes that future generations can become right-holders of intergenerational rights; yet, the current legal regime does not consider them to hold rights so far. Eventually, there is no coherent and universal framework of representation of future generations: The chapter first looks at attempts to establish representatives of future generations in policymaking on the national and global level. Second, the chapter turns to different approaches to represent future generations before international and national courts or tribunals. As of today, States in erga omnes (partes) constellations, third parties as amici curiae or the courts themselves have been suggested to take up this role, yet, without coherent precedents. In individual complaints proceedings against States, non-governmental organisations, Indigenous communities and members of the younger generation often act also on behalf of future generations. However, as most of these proceedings take place at the national level, the relevant courts took very different approaches to this kind of procedural representation.

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Open Issues of the Operational Framework of Intergenerational Equity

  • Ammar Bustami

摘要

This chapter addresses the complex structural issues of intergenerational equity, meaning the duty-bearers and right-holders of intergenerational equity as well as the frameworks of representation for future generations. With regard to the duty-bearers, States remain the primary actors that are obliged to take into account future generations. Beyond States, there are some developments with a view to conferring international duties also to private corporations, but there are no such international duties as of today. The question whether future generations are right-holders under international law is strongly intertwined with several conceptual objections, already addressed in Chap. 3 . The current chapter concludes that future generations can become right-holders of intergenerational rights; yet, the current legal regime does not consider them to hold rights so far. Eventually, there is no coherent and universal framework of representation of future generations: The chapter first looks at attempts to establish representatives of future generations in policymaking on the national and global level. Second, the chapter turns to different approaches to represent future generations before international and national courts or tribunals. As of today, States in erga omnes (partes) constellations, third parties as amici curiae or the courts themselves have been suggested to take up this role, yet, without coherent precedents. In individual complaints proceedings against States, non-governmental organisations, Indigenous communities and members of the younger generation often act also on behalf of future generations. However, as most of these proceedings take place at the national level, the relevant courts took very different approaches to this kind of procedural representation.