Justifying institutions for future generations based on the mitigation of bias and intergenerational justice

Author(s):  
Peter Lawrence
Author(s):  
Amartya Sen

Our reasoned sense of obligations to others can arise from at least three possible sources: cooperation, having caused harm, and effective power to improve suffering. The last source, this chapter argues, is particularly important in considering our obligations to future generations. It draws on a line of reasoning that takes us well beyond contractarian motivations to the idea of the “impartial spectator” as developed by Adam Smith. The interests of future generations come into the story because they are important in our attempt to be impartial spectators. The obligation of power contrasts with the mutual obligations for cooperation at the basic plane of motivational justification. In the context of climate concerns and intergenerational justice, this asymmetry-embracing approach seems to allow an easier entry for understanding our obligations.


2010 ◽  
Vol 52 ◽  
Author(s):  
Agnes Heller

In all command-obedience relations of asymmetric reciprocity, obligations or rather duties do not go normally with corresponding rights. There are no rights related to such relationships, at least not in the present  understanding of the word “right”, since they are prerogatives. But there are obligations based on morals, if not on rights, also in relations of  asymmetric reciprocity. Only in a relation of symmetric reciprocity do rights appear as foundations (archai) for claims, both in a positive, and in a  negative sense. We have obligations to future generations, even  responsibilities for living up to those obligations, but future generations cannot have rights. There is not, and cannot be, symmetric reciprocity between us and any future generation, in fact no reciprocity at all; there are obligations without corresponding rights.The cases of prospective responsibility, of being in charge, also implies obligations irrespective of the circumstance whether the parties towards whom we have obligations are the bearers of rights or not. Intergenerational justice does not presuppose extant rights whereas potential rights are just projections or metaphors with little relevance, for they are not binding.


2018 ◽  
Vol 60 (1) ◽  
pp. 639-666
Author(s):  
Peter Lawrence ◽  
Lukas Köhler

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.


Author(s):  
William Abel ◽  
Elizabeth Kahn ◽  
Tom Parr ◽  
Andrew Walton

This chapter evaluates environmental taxes as part of a set of policies to address the threats that climate change poses. These taxes increase the price of activities that are environmentally harmful. In doing so, they discourage such behaviour and raise revenue that the state can use to redress its effects. The chapter embeds these considerations in an account of intergenerational justice, arguing that the current generation has a duty to provide future generations with prospects at least equal to its own. It also examines the objection that the proposed approach allows historical emitters off of the moral hook, showing that the state can adjust environmental taxes to take account of this. Finally, the chapter explores how to amend these taxes so that they are not regressive and that they do not present undue barriers to particularly valuable activities.


2021 ◽  
Author(s):  
Seleshi Yalew ◽  
Jan Kwakkel ◽  
Jazmin Zatarain Salazar ◽  
Neelke Doorn

<p>Water management involves optimizing the allocation of ‘enough’ water, a limited resource, to meet demands from competing actors and/or sectors such as agriculture, energy, ecosystems, and water supply. Although such demands are often associated only with current or existing generations, it’s understandable that future generations will have their own demands for these  resources. There is, therefore, a moral dilemma and a question of justice regarding how much current generations must account for and be concerned with the generations to come with respect to managing resources in general and water resources in particular. Questions of intergenerational justice, i.e., the extent to which we should be concerned about future generations, are becoming increasingly common particularly due to a changing climate and growing population both of which require longer term planning and resources optimization. However, only limited suggestions are available in the literature for the practical implementation of intergenerational justice theories in the water resources literature to address such questions.</p><p>Operationalization of justice principles in general, and intergenerational justice principles in particular is hard because different conceptualizations may exist concerning the same moral value. As a result, it’s often difficult to arrive at common understanding, schemes, and/or commitment levels for water resources management, particularly during negotiations in transboundary rivers involving multiple states, socio-political landscapes, and different possible ethical underpinnings.</p><p>In this study, we present a novel scheme for operationalizing intergenerational justice which involves analysis and visualization of a range of commitment levels for future generations and trade-off analysis to existing generations. We implemented ranges of discount on current and potential utilization of water resources for various services. These discounts are then applied on water related services, which include water needs for hydropower generation, food production, and for various other human and ecological needs in water basins. By doing so, we present a mechanism for stakeholders in water resources management where they can assign different weights, depending on possibly different ethical underpinnings, to conserving water resources for future generation and evaluate the potential trade-off of such alternatives. We think that this is particularly important to tame negotiations in transboundary water resources management where multiple states, socio-political landscapes, and different ethical underpinnings often lead to escalated disputes. Here, we present our operationalization scheme for the Nile in light of existing disputes in this transboundary water basin. Although our scheme may not escape the challenge of, and hence did not attempt to,  quantitative standardized values across the various stakeholders involved, it provides the opportunity for all stakeholders to put their own value for future generations in water resources management and weigh the implications of their considerations in terms of intergenerational trade-offs. We think this study adds value to the current literature on ethically-informed optimization in water resources management.</p>


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