dc.description.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. | en_US |