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Representation of future generations through international climate litigation: a normative framework
Citation
Lawrence, P and Kohler, L, Representation of future generations through international climate litigation: a normative framework, German Yearbook of International Law, 60 pp. 639-666. ISSN 0344-3094 (2018) [Refereed Article]
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Copyright Statement
Copyright 2017 German Yearbook of International Law
Official URL: http://www.gyil.org/?page_id=564
Abstract
International climate litigation is an important supplement to the global
United Nations negotiating process. Establishing a normative basis for such litigation is
important in terms of its legitimacy. Rehfeld’s concept of representation is used in this article
to argue that it is coherent to talk about representation of future generations in relation to
climate change-related claims brought by States on behalf of their citizens and future
generations before international tribunals. The article argues that international law ought to
promote justice (following Buchanan and Ratner) – but extended to include intergenerational
justice defined as an obligation on current generations to ensure subsistence enjoyment of core
human rights by future generations. It is further argued that international tribunals ought to
represent future generations as a vehicle for promoting intergenerational justice, given the
massive bias against future generations in current law-making and institutions. How this
would translate into a concrete case is illustrated by discussion of a potential advisory opinion
of the International Court of Justice. The normative framework is utilised to illustrate how
the Court should 1) interpret some selected general principles of international environmental
law in relation to the Paris Climate Agreement and 2) take a liberal interpretation of its
procedural rules to allow amicus curiae briefs by international organisations purporting to
represent or highlight the interests of future generations in the climate context.
Item Details
| Item Type: | Refereed Article |
|---|---|
| Research Division: | Law and Legal Studies |
| Research Group: | Environmental and resources law |
| Research Field: | Environmental law |
| Objective Division: | Environmental Policy, Climate Change and Natural Hazards |
| Objective Group: | Environmental policy, legislation and standards |
| Objective Field: | Environmental policy, legislation and standards not elsewhere classified |
| UTAS Author: | Lawrence, P (Dr Peter Lawrence) |
| ID Code: | 128509 |
| Year Published: | 2018 |
| Deposited By: | Law |
| Deposited On: | 2018-09-26 |
| Last Modified: | 2019-05-01 |
| Downloads: | 1 View Download Statistics |
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