Human rights duties towards future generations and the potential for achieving climate justice

Lewis, Bridget (2016) Human rights duties towards future generations and the potential for achieving climate justice. Netherlands Quarterly of Human Rights, 34(3), pp. 206-226.

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Abstract

Human rights-based approaches to climate change promise to address the intergenerational injustices of climate change by incorporating an enhanced consideration of the needs of future generations. Yet, a number of questions arise when one contemplates how international human rights law might accommodate the rights of persons as yet unborn. Among them are the theoretical questions of whether it is possible for future generations to possess human rights and for present generations to owe them corresponding duties. Assuming that such a theoretical conceptualisation is possible, a number of legal issues are present in attempting to protect the rights of future generations within current international human rights law, including the question of how the rights of future generations can be balanced against those of current generations. The paper will examine a number of domestic measures designed to protect the rights of future generations and consider how such mechanisms might contribute to a rights-based approach to resolving intergenerational climate injustice.

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ID Code: 98804
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: human rights, climate change, future generations, climate justice
ISSN: 2214-7357
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Human Rights Law (180114)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > International Law (excl. International Trade Law) (180116)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2016 Intersentia
Deposited On: 14 Sep 2016 01:25
Last Modified: 13 Jan 2017 16:36

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