Equity and the interest of future generations

Isabelle Michallet (1)

1 IDE - Institut de Droit de l'Environnement

Environmental law is not oblivious to future generations and the protection of their interests, on the contrary future generations are frequently mentioned in environmental legal documents. Legal experts have developed the theoretical groundwork required to conceptualise intergenerational equity. However, the main objective is to effectively protect the interests of future generations. The unresolved obstacle of their legal representation in the present makes it difficult to render justice on their behalf. 1. The legal existence of future generations 1.1 Future generations in international law 1.2 Future generations in national law 2. Theoretical developments to protect the interests of future generations 2.1 Intergenerational equity 2.2 Rights for future generations 2.3 Emerging principles ? 3. Potentiel solutions to effectively protect the interest of future generations 3.1 Ombudspersons for future generations 3.2 Judges and future generations

Mots clés: climate change; future generations; intergenerational equity; judge; non regression; ombudsperson; resilience; sustainable development

Domaines: Droit

Isabelle Michallet. Equity and the interest of future generations. Ludwig Krämer ; Emanuela Orlando. Principles of environmental law, Edward Elgar Publishing, pp.150-160, 2018, 978 1 78536 565 2. ⟨hal-01975302⟩