Climate change litigation as a means to address intergenerational equity and climate change

Abstract

Over the years human activities have increased the emissions of greenhouse gases resulting in changes in the global climate. Most of the consequences of these changes will be seen in the years to come. Climate change does not only challenge the survival of subsequent generations but also has implications for intergenerational justice. Taking into consideration that the well-being of future generations rely upon the actions of present generations, the question of whether the former have rights over the latter is major. The theory of intergenerational equity addresses this issue. For years, the notion of intergenerational equity has had an ethical dimension, but recent litigation gave it bones and structure. This article connects established theories of intergenerational justice to the recent climate cases. By analysing significant national, regional, and international case law, this article examines whether climate change litigation can promote intergenerational equity and combat climate change itself. No absolute answer is provided, as this article accepts its limitations and criticism, particularly regarding the barriers in litigation against private corporations. However, in light of recent events, the author of this article remains optimistic, as despite the lack of success in court, the adjudicated cases have positively contributed to the development and recognition of intergenerational rights in climate change law.