Current international law, intergenerational justice and climate change

2014 ◽  
pp. 99-131
2021 ◽  
Vol 35 (2) ◽  
pp. 303-312
Author(s):  
Andrea C. Simonelli

AbstractThe future for people becoming displaced due to climate processes is still unknown. The effects of climate change are more apparent every day, and those most acutely impacted are still unable to access an appropriate legal remedy for their woes. Two new books evaluate the limits to international legal protections and the application of justice. Climate Change, Disasters, and the Refugee Convention, by Matthew Scott, investigates the assumptions underpinning the dichotomy between refugees and those facing adversity due to climate-induced disasters. Climate Change and People on the Move: International Law and Justice, by Fanny Thornton, goes further by examining how justice is used—and curtailed—by international instruments of protection. Thornton's legal analysis is thorough and thoughtful, but also demonstrative of the limitations of justice when confined by historical precedent and political indifference. With so little still being done to hold industries to account, is it any surprise that the legal system is not yet ready to protect those harmed by carbon pollution? Demanding justice for climate displacees is an indictment of modern Western economics and development; it implicates entire national lifestyles and the institutions and people that support them.


2021 ◽  
Vol 23 (2-3) ◽  
pp. 115-132
Author(s):  
Łukasz Kułaga

Abstract The increase in sea levels, as a result of climate change in territorial aspect will have a potential impact on two major issues – maritime zones and land territory. The latter goes into the heart of the theory of the state in international law as it requires us to confront the problem of complete and permanent disappearance of a State territory. When studying these processes, one should take into account the fundamental lack of appropriate precedents and analogies in international law, especially in the context of the extinction of the state, which could be used for guidance in this respect. The article analyses sea level rise impact on baselines and agreed maritime boundaries (in particular taking into account fundamental change of circumstances rule). Furthermore, the issue of submergence of the entire territory of a State is discussed taking into account the presumption of statehood, past examples of extinction of states and the importance of recognition in this respect.


2017 ◽  
Vol 6 (1) ◽  
pp. 119
Author(s):  
Solomon E. Salako

There is an international consensus that climate change is caused by human activities which substantially increase the atmospheric concentration of greenhouse gases.The ill-effects of climate change are droughts which adversely affect the global poor who are engaged in agriculture; storm surges which destroy local infrastructure, housing and crops; and the rise of sea levels which adversely affect the inhabitants of small island states which could eventually be totally submerged. Military strategists and intelligence analysts are preparing for future conflicts likely to be caused by environmental security issues.The objects of this article are: (i) to evaluate the ill-effects of climate change as a matter of global justice, (ii) to consider whether future generations have the right not to suffer from the ill-effects of climate change, and if so, (iii) to evaluate the relevant conceptions of global justice, and (iv) to assess critically whether international law provides effective preventive responses to climate change and environmental security threats.Finally, a monist-naturalist conception of global justice privileging human dignity as one of its guiding principles is proffered as a solution to the problems raised by the mechanisms of dealing with the ill-effects of climate change and the attendant environmental security issues under international law.


2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Eric Brandstedt

AbstractSome key political challenges today, e.g. climate change, are future oriented. The intergenerational setting differs in some notable ways from the intragenerational one, creating obstacles to theorizing about intergenerational justice. One concern is that as the circumstances of justice do not pertain intergenerationally, intergenerational justice is not meaningful. In this paper, I scrutinize this worry by analysing the presentations of the doctrine of the circumstances of justice by David Hume and John Rawls. I argue that we should accept the upshot of their idea, that justice is context sensitive, even if this at first sight seems to invalidate intergenerational justice. On the basis of moral constructivism, I subsequently provide a fresh reading of the doctrine according to which it conveys the idea that justice is the solution to a practical problem. However, as the problem background is evolving, we need to properly characterize the relevant practical problem in order to make ethical theorizing relevant. Contrary to what has been claimed, the circumstances of justice do not then clash with intergenerational justice, but are the necessary presuppositions for its advancement.


1993 ◽  
Vol 87 (1) ◽  
pp. 103-111
Author(s):  
Marian Nash

On September 8, 1992, President George Bush transmitted to the Senate for advice and consent to ratification the United Nations Framework Convention on Climate Change, adopted at New York on May 9, 1992, by the Intergovernmental Negotiating Committee for a Framework Convention on Climate Change and signed on behalf of the United States at the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro on June 12, 1992.


2018 ◽  
Vol 7 (2) ◽  
pp. 251-275 ◽  
Author(s):  
Benoit Mayer

AbstractThis article analyzes the international law obligations that arise in relation to nationally determined contributions (NDCs). It argues that distinct and concurrent obligations arise from two separate sources. On the one hand, treaty obligations arise under the Paris Agreement, which imposes an obligation of conduct on parties: they must take adequate measures towards the realization of the mitigation targets contained in their NDCs. On the other hand, communications such as NDCs may constitute unilateral declarations that also create legal obligations. These unilateral declarations impose obligations of various types, which may extend beyond mitigation. For example, they may specify measures of implementation or demand the achievement of a particular result. The potential ‘double-bindingness’ of NDCs should be a central consideration in the interpretation of international law obligations regarding climate change.


Author(s):  
Tim Mulgan

Consequentialist morality is about making the world a better place—by promoting value and producing valuable outcomes. Consequentialist ethics competes with non-consequentialist alternatives where values are to be honored or instantiated rather than promoted and/or where morality is based on rules, virtues, or rights rather than values. Consequentialism’s main rivals in intergenerational ethics are contract-based theories. This chapter first argues that consequentialism has significant comparative advantages over its contract-based rivals, especially in relation to non-identity, the absence of reciprocity, and the need for flexibility and radical critique. These advantages outweigh the challenges facing any consequentialist intergenerational ethics—including cluelessness, counterintuitive demands, and puzzles of aggregation. The chapter then explores many varieties of contemporary consequentialism, arguing that the best consequentialist approach to intergenerational justice is agnostic, moderate, collective consequentialism. Different possible futures—including futures broken by climate change or transformed by new technologies—present new ethical challenges that consequentialism has the flexibility to address. Collective consequentialism can also resolve long-standing debates about the aggregation of well-being. The chapter ends by asking how consequentialist intergenerational ethics might evaluate threats of human extinction, incorporate the value of nonhuman nature, and motivate its potentially extreme demands.


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