Professional Documents
Culture Documents
ISSN 2190-6335
Intergenerational
Justice Review
Foundation for the Rights of Future Generations
Issue Topic:
ent
Ways to Legally Implem
e
Intergenerational Justic
Table of Contents
Issue topic: Ways to Legally Implement French Constitutional Law and Future Generations –
Intergenerational Justice Towards the implementation of transgenerational principles? 39
by Dr. Emilie Gaillard Sebileau
Ontological debt and Intergenerational Justice – Richard P. Hiskes (2009): The Human Right to a
The Case of Climate Change 30 Green Future – Environmental Rights and
by Prof. Dr. Viriato Soromenho-Marques Intergenerational Justice. 54
The European Convention on Human Rights and Call for Papers: Possibilites and Limits of Party
the Right to a Healthy Environment 33 Cooperation in Democracies 58
by Abel de Campos
Call for Papers: Intergenerational Justice
Implementing intergenerational justice: and the Scourge of War 58
Children at the heart of policy making 35
by Lucy Stone New Editorial Staff 59
The Failure of Copenhagen and its consequences
for International Relations 36
by Dr. Marisa Matias Imprint 59
The reviewers for this issue were as Prof. Dr. Andrew Dobson José Manuel Pureza of political science at Memorial Univer-
follows (in alphabetical order): is professor of politics at Keele Univer- is associate professor of international sity of Newfoundland.
sity at the School of Politics, Internatio- relations at the University of Coimbra,
Prof. Tracy Bach nal Relations and the Environment Portugal. Prof. Dr. Burns H. Weston
is professor of law at Vermont Law (SPIRE), and in the Research Institute is Bessie Dutton Murray Distinguished
School and associate director of the Cli- for Law, Politics and Justice. Prof. Shlomo Giora Shoham Professor of Law Emeritus at the Uni-
mate Legacy Initiative, a joint project of is a professor of law and an interdisci- versity of Iowa and director of the Cli-
the Vermont Law School Environmen- Andreas Kraemer plinary lecturer at the Tel Aviv Univer- mate Legacy Initiative, a joint project of
tal Law Center (VLS-ELC) and the is chairman of the Ecologic Institute in sity. the Vermont Law School Environmen-
University of Iowa Center for Human Washington D.C. and visiting assistant tal Law Center (VLS-ELC) and the
Rights (UICHR). professor at Duke University. Prof. Michael Wallack University of Iowa Center for Human
is associate professor at the department Rights (UICHR).
F
uture generations lack representation The second peer-reviewed article in this iss- Rights of Future Generations, by integrating
in current day politics. Modern repre- sue is entitled “Crimes against Future Gene- the proceedings of a hugely successful inter-
sentative democracies are largely ori- rations: Implementing Intergenerational national conference. ‘Ways to Legally Imple-
ented to the short term. Moreover, our Justice through International Criminal Law”. ment Intergenerational Justice’, held in
adjunct legal frameworks are ill-equipped to In this piece, Sébastien Jodoin, a legal research Lisbon on the 27th and 28th of May, 2010
protect those who are disregarded by today’s fellow with the Centre for International Su- was envisioned by Marisa Q. dos Reis. She
electorate. This has emerged historically as stainable Development Law, identifies rele- organised a wide-ranging and thought-pro-
many European consitutions were originally vant aspects of the Rome Statute that can be voking two days in the beautiful setting of the
conceived to protect those in the here-and- used to protect future generations through Foundation Calouste Gulbenkian in Lisbon,
now. As such, it is imperative that we reflect the harm committed to present individuals as Portugal. As such, our issue includes summa-
on the law and its relation to future people. members of groups. Ultimately, this innova- ries of the presentations made during this
This poses particular difficulties at both a legal tion has a number of objectives, including de- event. Unfortunately, we cannot capture all
and an institutional level. If law is understood marcating appropriate behaviour while also the energy and progressive suggestions that
as person-affecting, that is: specifying rights deterring and punishing certain conduct. occurred but hopefully the conference mate-
of particular people, it inevitably neglects the While many may feel that the objective here rial contained here will provide readers with a
interests of the unborn. At the institutional is too large, the author points to the similar sense of the occasion and inspire a commit-
level, our current bodies and decision-making assessment of the original Nuremberg Char- ment to future collaboration and research in
processes already have inherent tendencies to- ter. Indeed his is a profoundly challenging this area.
wards the recognition and protection of fu- proposal, one that would surely have drama- In this spirit, we would call upon all readers of
ture people, for instance the European tic implications if implemented. As followers the journal to pay attention to the upcoming
Convention on Human Rights has been in- of the recent Review of the Rome Statute in conference, ‘What type of legal responsibility
terpreted progressively. Nevertheless, it requi- Kampala will have noticed, reform in inter- towards future generations?’, which is to take
res innovative thinking to imagine alternative national criminal law is a slow process. Ne- place on December 10 and 13, 2010 in Poi-
provisions that can complement today’s legal vertheless, Jodoin marks a clear way forward tiers and Guyancourt, France. Further infor-
architecture but revolutionise our restricted for all future discussions on this possibility. mation can be found in the announcements
thinking on this topic. This issue of IGJR at- Ms. Éva Tóth Ambrusné’s non peer-reviewed section of this issue.
tempts to draw attention to these important article is an insightful review of the work of Finally, we would like to thank our reviewers
legal matters with the work of a wide range the Parliamentary Commissioner for Future for their most helpful criticisms and advice in
of professionals and academics who are wor- Generations of Hungary where she works as the preparation of this issue, which we hope
king to address these questions. a legal advisor. The Hungarian Commissio- provides the basis for much further discussion
There is an increasing number of institutions ner has been of much inspiration to activists and thinking on the legal implementation of
and bodies established to protect the interests and scholars throughout the world as a po- intergenerational justice.
of future generations. Furthermore, reference tential transferable model. As such, this des-
to future generations is burgeoning in natio- cription of how this body came to be and an Jörg Tremmel, LSE
nal constitutions and surpranational legal establishment of its workings is of much
texts. Maja Göpel and Malte Arhelger’s arti- value. The central involvement of the civil so-
cle sets out to reflect on this growing trend ciety organisation, Protect the Future, is re-
and how it can inform the creation of a Eu- vealed and specific examples of the
ropean level institution for the protection of Commissioner’s success in exercising his com- Marisa dos Reis,
the rights of future generations. This, our first petencies are presented. Notably, the Com- FRFG
article in this issue, uses set criteria and cha- missioner is shown to go beyond a narrow
racteristics to ajudicate between existing types mandate of environmental protection to a
of institution. As such, it evaluates, amongst wider concern with future generations. The
Joseph Burke,
others, the Israeli Commission for Future Ge- piece also goes into detail on the challenges
FRFG
nerations, the Hungarian Commissioner for faced by this young institution with respect
Future Generations and the New Zealand to other actors and political processes. Ending
Parliamentary Commissioner for the Envi- on a positive note, the author sees no reason
ronment. To conclude, the authors make the why a similar institution could not be esta- Raphaelle
suggestion that a ‘European Guardian for Fu- blished elsewhere. Schwarzberg, FRFG
ture Generations’ could be adopted at the Eu- This issue of the journal is the result of an in-
ropean level. novative venture for the Foundation for the
A
bstract: Given that future genera- ture generations, but focus on how to pro- ginning of institutionalised environmental
tions are right-bearing citizens of to- tect options and opportunities for similar politics. e wording of its final declaration5
morrow, legislative systems should freedom of choice in the development of so- influenced the first formulations of Euro-
secure these rights through appropriate institu- cieties. We believe that the present genera- pean environmental policies. In the Euro-
tions. In the case of the European Union, ref- tion is obliged to avoid and intervene with pean context, future generations are
erence to intergenerational justice can be found trends that threaten these options and op- mentioned for the first time in the 1973
in various fundamental legal texts, but, para- portunities, such as biodiversity loss, climate Programme of Action of the European
doxically, no institutions exist to defend it. e change, resource depletion, perpetuation Communities on the Environment. When
structural short-termism inscribed into repre- and aggravation of extreme poverty and in- explaining the need for awareness of envi-
sentative democracies means that present inte- equity, to name a few. By means of regula- ronmental problems, the document states
rests easily trump future concerns. We argue tion, political institutions play an important that “educational activity should take place
that the best way to overcome this problem is a role in the execution of these responsibili- in order that the entire Community may be-
system of temporal checks and balances. By ties. Given the increasing authoritative and come aware of the problem and assume its
comparing a selection of existing instruments legislative power of the European Union, responsibilities in full towards the genera-
with regards to their impact on the legislative this article explores how the European insti- tions to come.”6 e Commission’s 1974
process, we propose the creation of a European tutions may improve the protection of fu- Recommendation concerning the protection
Guardian for Future Generations as the most ture generations and concludes with the of birds and their habitat also contains an
effective measure to protect the rights of future recommendation of a new body with an ex- indirect reference to future generations,
generations and provide an overview of recent plicit mandate for just that purpose. when it notes that “[p]ublic opinion is com-
developments in this direction.1 ing to consider migratory birds more and
Future generations in European more as a common heritage.”7 However,
e rights of future generations legislation these formulations were hardly of binding
In the philosophical debate, it is still unclear To derive the institutional imperative for the character and appear rather randomly.
how normative concepts like ‘obligations’, representation of future generations for Meanwhile, with the adoption of the first
‘rights’ or ‘harm’ may be interpreted, when which we argue, we provide a brief historical pieces of binding European environmental
applied to the intergenerational context. overview of the status of future generations legislation, normative reference to future ge-
is is mostly due to the fact that future in European policies with reference to the nerations disappears almost completely. is
people do not exist yet and that, conse- most significant developments in interna- is also certainly due to the much narrower-
quently, their number, identity and interests tional treaties and conventions. legislative mandate of the European Com-
remain unclear.2 At the same time, even in Generally, it is important to distinguish bet- munities at that time. e objectives then
the absence of a coherent ethical theory, ween explicit and implicit reference to future were the creation of a common market and
most people attribute moral importance to generations. Implicit formulations include included neither reference to future genera-
the lives of future generations, and the dis- ‘heritage’, implying that something is tions nor to the environment. Accordingly,
course on the matter is typically a rights- handed on to posterity, and the principle of the 1975 Waste Framework Directive,
based one. If we declare universal human ‘sustainable development’, as it is defined by among the first legally binding texts in the
rights for every individual, why should in- the 1987 Brundtland Report: “development environmental field, while calling for the
that meets the needs of the present without “recovery of waste (...) to conserve natural
It was never the people who complained compromising the ability of future genera- resources,”8 referred to the functioning of
of the universality of human rights, nor tions to meet their own needs.”4 Reference the common market and to Article 235 of
did the people consider human rights as
to future generations in the European con- the Treaty of Rome, regulating Community
a Western or Northern imposition. It
was often their leaders who did so. text has gone from explicit and non-binding action in the case of absence of any further
/ Kofi Annan / to implicit and binding while taking an legal basis.
increasingly prominent place in European e 1976 Bathing Water Directive pres-
dividuals born tomorrow not impose obli- legislation. ented a similar situation. While arguing that
gations on present individuals? It therefore the surveillance of bathing water is necessary
seems appropriate to consider future people Future generations and European environ- in order to attain the objectives of the com-
as rights-bearers – even in the absence of a mental policy mon market, it applies a relatively large de-
clear definition of what this implies for pre- In terms of official recognition, the declara- finition of ‘bathing water’.9 Similarly, the
sent people, practically and legally.3 tions and recommendations of the United 1979 Bird Directive describes the protection
is article will not be concerned with the Nations Stockholm Conference on the of wild bird species in the EU as a means to
question of what exactly to transmit to fu- Human Environment in 1972 mark the be- fulfil the objectives of the common market –
Parliamentary Finland (Tulevai- Separate body Body publishes Bound by manda- Body established Members may ob- Body shall im-
Committee suusvaliokunta, inside the legisla- reports and advi- tes to follow-up by government tain governmental prove communi-
1999), Germany tive, consisting of ses other standing on governmental (Germany) or information by cation among
(Parlamentari- elected parliamen- committees.36 long-term strate- emerged in parlia- the procedure of relevant political
scher Beirat für tarians. Flowing Members have gies. Body pub- mentary debate written or oral actors and include
Nachhaltige Ent- from parliamen- voting rights in lishes general re- (Finland). Mem- questions. Mem- general public in
wicklung 2006) tary rules of pro- plenary. ports on regular bers elected in bers can initiate the debate on
cedure. Separate basis and specific direct elections. research on future sustainable deve-
budget (Finland).35 reports and state- scenarios in va- lopment.37
ments on topical rious policy fields
issues. (Finland).
Parliamentary Israel (Israeli Flowing from par- Body publishes Bound by man- Body conceived Body has access to Body receives all
Commissioner Commission for liamentary rules statements. May date to report on by parliamentary state institutions bills and second -
Future Generati- of procedure. ask for delaying bills with “signifi- vote on parlia- defined under the ary legislation
ons, 2001-2006) Separate budget, legislative decisi- cant consequences mentary rules of State Comptroller treated in Parlia-
which is part of ons to present for future genera- procedure. Holder Act.42 Body may ment. De facto, it
the Parliament’s statements.39 tions.”40 Body appointed on express opinions also became a
budget.38 publishes general merit-base.41 on laws and advise gateway for eco-
report on regular parliamentarians. nomic and civil-
basis. It may appear in society actors.43
parliamentary
committees.
Commissioner Canada (Com- Flowing from se- Body may initiate Bound by man- Body conceived Body may investi- Anybody has the
missioner for parate legislation. suspension of date to “ensure the by parliamentary gate any activity, right to petition.
Environment and Separate budget administrative or protection of the vote on respective limited only by Body may also
Sustainable Deve- determined in the other acts potenti- fundamental right legislation. Holder state secrecy, not investigate on its
lopment, 1995), State budget, ally causing to a healthy envi- selected on merit- by business secrecy. own initiative.
Hungary (Parlia- which is passed by irreversible ronment”,45 which base, confirmed It may urge the
mentary Com- the Parliament. environmental is a fundamental by parliamentary Parliament to dis-
missioner for damage. It may right. Body regu- majority cuss grave impro-
Future Generati- therefore appear larly publishes (Hungary).46 prieties. It may
ons, 2006), New in court. It may general report. appear in Parlia-
Zealand (Parlia- initiate judicial ment.47
mentary Com- reviews, when im-
missioner for the proprieties occur,
Environment, i.e. when laws vio-
1986) late fundamental
rights.44
Initiatives for a European representation tions will operate without the conflict of 26. European Commission 2005.
of future generations short- versus long-term interests within it. It 27. European Commission 2009.
is final section will discuss past initiatives would provide a solid mechanism of tempo- 28. European Commission 2004.
for establishing an institutional representa- ral checks and balances in decisions on in- 29. An overview, including the wording of
tion of future generations and indicate some frastructure, energy, ecosystem protection, the respective passages, may be found in:
strategies for further action. During the past production technologies and materials, con- Earthjustice 2007: 126-147; Tremmel 2006:
decade, all of these initiatives originated flict resolution strategies and investment 192-196.
from civil society.53 priorities that will significantly impact the 30. European Union 2008: 196.
e most important initiative was once quality of life in the century to come. 31. For example, we shall not discuss the
again organised by Védegylet. When the law strictly consultative French Council for the
establishing the Hungarian Commissioner Notes Rights of Future Generations, established by
for Future Generations was adopted in Hun- 1. We are indebted to Benedek Jávor. République Française (1993) and abolished
gary in 2006, Védegylet decided to move Furthermore we would like to thank Peter by République Française (2003) after the
onto the European level.54 e activists gain- Roderick, Alice Vincent and several anony- council stopped functioning when its presi-
ed support from the conservative Member mous referees. dent stepped down as a reaction to renewed
of the European Parliament (MEP) Kinga 2. e debate on this question has become French nuclear testing. See: Mathieu 1999.
Gál, who gathered three other MEPs behind too extensive to be listed. See, for example: 32. Dobson 1996: 133-134.
the initiative. In June 2008 the group orga- Schwartz 1978: 11-12; Parfit 1984: 351- 33. Ekeli 2009: 449-451.
nised a public event at the European Parlia- 361. For an overview of recent arguments, 34. Stein 1998: 439-441.
ment, and in September it started to collect see: Tremmel 2010: 43-46. 35. Tiihonen 2006: 79.
signatures for the Written Declaration on 3. On the legal situation in the United 36. Deutscher Bundestag 2009: 2.
the need to establish a Representation for States, see: Bach/Weston 2009: 28-53. 37. Deutscher Bundestag 2009: 3.
Future Generations in the European Union. 4. United Nations General Assembly 1987: 38. An unofficial translation of the Knesset
e text demanded that the Commission 54. law and its initial bill may be found in:
and the Council should investigate three 5. e concept of ‘future generations’ figures Jávor/Rácz 2006: 197.
possibilities to protect the rights of future prominently not only in the preamble, but 39. Jávor/Rácz 2006: 193.
generations. Firstly, protection of future ge- also in principles 1 and 2, see: United Nati- 40. Jávor/Rácz 2006: 192.
nerations might become part of the respon- ons Conference on the Human Environ- 41. Jávor/ Rácz 2006: 195-196.
sibilities of the existing European ment 1972: 3. 42. Jávor/Rácz 2006: 197. Compare with
Ombudsman. Secondly, questions of inter- 6. European Communities 1973: 1-2. Shlomo/Lamay 2006 92-93.
generational justice could be integrated into 7. European Commission 1975: 24-25. 43. Shlomo/Lamay 2006: 109.
the portfolio of a European Commissioner. 8. European Communities 1975: 39-41. 44. Magyar Köztársaság 1993.
irdly, the European Fundamental Rights 9. European Communities 1976: 1-7. 45. Magyar Köztársaság 1993.
Agency might be charged with the enforce- 10. European Communities 1979: 1-18. 46. Magyar Köztársaság 1993.
ment of future generations’ rights.55 How - 11. European Communities 1985: 40-48. 47. Magyar Köztársaság 1993.
ever, without civil society support in Brussels 12. European Communities 1982: 10-22. 48. Shlomo/Lamay 2006: 95.
and at the end of the legislative period, the 13. European Union 1993: 1-20. 49. Shlomo/Lamay 2006: 96-98.
necessary number of signatures for adoption 14. European Union 1993: 1-20. 50. Gosseries/Jàvor 2008.
of the declaration was not achieved. 15. UNESCO 1997. 51. Tiihonen 2006: 87.
Yet, the new legislative period provides a 16. UNECE 1998: 2. 52. European Union 2008: 17.
new opportunity to reinvigorate the initia- 17. UNECE 1998: 2. 53. See also: Collins 2009: 323.
tive for future generations’ rights and this 18. European Union 2006: 13. 54. Gosseries/Jàvor 2008.
article sought to investigate characteristics 19. European Communities 1988: 11. 55. Gál/Alvaro/Vigenin et al. 2008.
that would promise the highest effectiveness. 20. European Communities 1990: 24.
e options proposed in the 2008 Declara- 21. European Union 1998: 1. References
tion of MEPs may seem to be politically 22. European Union 1997: 7, 24. Bach, Tracy and Weston, Burns (2009): Re-
easier and economically cheaper solutions, 23. European Union 2000: 8. calibrating the Law of Humans with the
but only a Guardian with the explicit man- 24. European Union 2008: 15, 17, 29. Laws of Nature: Climate Change, Human
date to defend the rights of future genera- 25. European Commission 2001. Rights, and Intergenerational Justice.
Tiihonen, Paula (2006): Committee for the United Nations Environmental Program Contact details:
Future - a new institution to discuss the Fu- (2003): Convention on the Conservation of Head Office, Bei den Mühren 70, 20457
ture in Finland. In: Jávor, Benedek / Rácz, Migratory Species of Wild Animals. Hamburg, Germany
Judit (eds.), Do we owe them a future? e http://www.cms.int/pdf/convtxt/cms_convt Email:
opportunities of a representation for future xt_english.pdf. Viewed 3 June 2010. malte.arhelger@worldfuturecouncil.org
generations in Europe. Budapest: Védegylet Web: http://www.worldfuturecouncil.org/
- Protect the Future, 72-88. United Nations General Assembly, 42nd ses-
sion (1987): Report of the World Commis-
Tremmel, Joerg Chet (2009): A eory of sion on Environment and Development:
Intergenerational Justice. London: Earthscan. Our Common Future (A/427/42), 4 August
Tremmel, Joerg Chet (2006): Establishing 1987.
I
ntergenerational justice not only requi- well-placed to directly and clearly protect in- Introduction
res the adoption of best practices and tergenerational rights. As such, the develop- Intergenerational justice remains a largely
policies, but also the prevention and re- ment of a new type of international crime, abstract concept in international policy – it
pression of deleterious and morally blame- crimes against future generations, may be a is not recognised in any binding instrument
worthy human behaviour which has severe promising avenue for implementing intergene- of international law. Although the notions
impacts on the long-term health, safety and rational justice. Such a crime would penalise of the rights or interests of future genera-
means of survival of groups of individuals. acts or conduct that amount to serious violati- tions are referenced in a few non-binding in-
While many international crimes have indi- ons of existing international law regarding eco- ternational instruments, the legal means for
rect consequences on the well-being of present nomic, social and cultural rights or the directly enforcing or protecting these rights
and future generations, it cannot be said that environment.1 are non-existent. Given that international
existing international criminal law is currently law tends to develop in an incremental and
are intended to cover a wide range of acts or 1(g) Penalises one of the most serious violations Draws on the general comment of the U.N.
conduct and can be committed in peace- of the right to education (ICESCR, art. 13). Committee on the ICESCR relating to the
right to education (General Comment no.
time and in war-time. In addition, the 13).
second paragraph adopts a broad definition
of “any identifiable group or collectivity.” 1(h) Penalises serious violations of the customary Based on a similarly worded war crime
international law duty to prevent grave (Rome Statute, Article 8(2) (b) (iv)).
is definition, drawing on a similar ex- environmental harm and damages.36
pression included in article 7(1)(h) of the
Rome Statute, means that crimes against fu- 1(i) Penalises serious violations of the right to Draws on the general comments of the UN
life, particularly the rights to health, hou- Committee on the ICESCR relating to the
ture generations would apply to a wide sing, food, and water (ICESCR, arts. 11 and rights to health, housing, food, and water
variety of discrete or specific human popu- 12). (General Comments no. 12, 14 and 15).
lations defined on the basis of shared geo- 1(j) Penalises serious violations of the rights Draws on a similar catch-all provision for
graphic, political, racial, national, ethnic, protected by other sub-paragraphs. crimes against humanity (Rome Statute, art.
cultural, religious, gender or other grounds. 7(1) (k)).
A
bstract: e Parliamentary Commis- Protect the Future realized in 2007 that an the most important competences of the new
sioner for Future Generations of all-party deal was indispensable. e initia- ombudsman laid down in the original propo-
Hungary is a fairly new and unique tive gained important momentum when the sal of Protect the Future. Fortunately, 85 per-
institution that was established in 2008. e organization succeeded in convincing all the cent of the originally proposed competences
Commissioner is provided with strong and very five parliamentary parties. One party, the Al- remained in the text.
specific competences and powers to protect the liance of Free Democrats, considered inex- e Hungarian Parliament passed the amend-
interests of future generations. e publication pensive state administration particularly ment of the Ombudsman Act5 with near
of his first annual report1 to Parliament is a important, therefore, it did not support the unanimity in December 2007, thereby
great opportunity to assess the effectiveness of bill as long as it entailed the establishment establishing the institution of the Parliamen-
the tools he can apply to facilitate intergenera- of an additional state institution. e tary Commissioner for Future Generations.
tional equity. conflict was resolved by proposing the eli- e new Commissioner was elected only in
mination of the Deputy Civil Rights Com- May 2008, after three failed rounds of voting.6
Establishment of the Office of the Parlia- missioner position from Act LIX of 1993 on e Office of the Parliamentary Commissio-
mentary Commissioner for Future Gene- the Parliamentary Commissioner for Civil ner for Future Generations has been operating
rations2 Rights4 (hereinafter: ‘the Ombudsman Act’). with a full staff of 35 including 19 lawyers,
e idea of institutionalizing the represen- e major opposition party was convinced two economists, one engineer, two biologists,
tation of future generations in Hungary first by emphasizing the strong powers of the a climate change expert and a medical doctor
emerged more than twenty years ago. e new ombudsman to investigate state since the last quarter of 2008. e Office
idea became reality in the summer of 2008 authorities. e governing party supported comprises of four units: Legal Department,
when the Office of the Parliamentary Com- the bill since its two MPs submitted it to Strategy and Science Department, Depart-
missioner for Future Generations (herein- Parliament originally. ment for International Relations and Coordi-
after: the Commissioner) of Hungary started Two further circumstances contributed to nation Department.
operating. e road to victory was, however, the success of Protect the Future in striking
not easy. “Protect the Future”, a Hungarian the all-party deal. First, every actor in Hun- Impact of the Parliamentary
civic organisation, invested over the years garian politics needed some relief from the Commissioner for Future Generations
substantial efforts into convincing political political tension in the country due to the Several criteria can be applied to measure the
parties of the importance that future gene- leaking of the Prime Minister’s speech on impact of the Commissioner. e following
rations be heard in the present. e first withholding national budget information five criteria are only preconditions of the fu-
round of negotiations between 2000 and before the election. e initiative of Protect ture impact. First, the Commissioner must
2002 was not successful. Two Members of the Future provided a great opportunity to be free of any political influence. Second, the
Parliament (MPs) submitted a bill to Parlia- show voters that the parties were still cap- Commissioner must have the right compe-
ment, two parliamentary committees even able of cooperation. Second, sensitivity of tences which enable him to affect the lives
discussed the draft, but the major opposi- politics towards environmental protection of future generations in a positive way.
tion party did not support the bill. Reaching issues gained strength due to intensified in- ird, the Commissioner must actively use
political consensus, a two-thirds majority in ternational activity in the field; both the these competences, i.e. concrete efforts must
Parliament,3 seemed very distant at this point. Fourth IPCC Assessment Report and the be demonstrated. Fourth, the concrete
Protect the Future intensified its campaign Stern Report were released around this time. measures that the Commissioner has the
again in 2006 after it started promoting the power to initiate must be effective in theory
idea of European level representation for fu- All government, indeed every human at least. Fifth, the institution must receive
ture generations. e organization made an benefit and enjoyment, every virtue, proper funding. If these five preconditions
excellent strategic decision when it chose the and every prudent act, is founded on are met then there is a chance that the Com-
year of 2006 for its renewed activities. Politi- compromise and barter. missioner can have a positive impact on the
cal parties were more willing to stand behind / Edmund Burke / lives of future generations. Determination of
the proposal in an election year, because lend- whether the Commissioner’s actions will or
ing support to a noble initiative such as Protect the Future made another excellent will not have a real impact in the future is
representation of future generations was strategic decision when it organized a press rather difficult for several reasons. ere are
assumed to resonate well with most voters. conference immediately following a round- several complex and interacting factors that
Two Parliamentary committees again discus- table discussion of political parties. Once the impact the lives of future generations even
sed the bill and passed the initiative this time. all-party deal was released to the press, none in smaller fields of actions. Finally, it is very
Unfortunately, the parliamentary term ended of the parties could afford to back down difficult to determine the right methodology
without a final vote. from it. Nor could they afford to fight over for the measurement of long-term impact.
I
ntergenerational justice is becoming one national law, European law and at the na-
of the central issues of our time. Que- tional level. In the course of debate and con-
stions of what justice requires between versation between our speakers and
older, younger, and future generations are participants, obstacles were described with
increasingly recognised alongside more tra- unprecedented clarity and longstanding in-
ditional considerations of social justice. Pre- tuitions were challenged.
sent generations ought to take responsibility Furthermore, innovative solutions were for-
for the far-reaching consequences of their ac- mulated and a path was set for ongoing con-
tions. Consequently, it is urgently required sideration of intergenerational justice and
to legally recognise intergenerational princi- the law.
ples and, above all, to create an architecture Below, you will find the full programme of
with enforceability through which the rights the Lisbon conference, followed by the con-
of future generations can be made effective. Marisa dos Reis is a research fellow and ference papers. Some speakers, namely Dr.
In the course of this project, important part- editor at the Foundation for the Rights of Maja Göpel and Sébastien Jodoin have
nerships were forged with the World Future Future Generations since September 2009. made their presentations based on the arti-
Council, the Portuguese Society of Interna- She conceived of organising an internatio- cles published in the first part of this issue.
tional Law, the Portuguese Association for nal conference in Lisbon on the topic in- For that reason we did not add a summary
the United Nations and the Jacques Delors tergenerational justice and law. Beginning of their speeches to this section. Sándor Fü-
European Information Centre. in December 2009, she was in charge of löp's presentation was based on the Annual
During the conference, speakers approached managing the conference and preparing for Report of the Parliamentary Commissioner
several ways of implementing principles of the publication of conference materials. of Future Generations of Hungary discussed
intergenerational justice principles via inter- in Éva Tóth Ambrusné's article earlier in the
journal.
10h00 - 10h30 The Role of the State in the Protection of Future Generations
FIRST PANEL DISCUSSION – WHAT IS INTERGENERATIONAL JUSTICE? Judge (ret.) Shlomo Shoham
Former Commissioner for Future Generations of the Israeli
11h30 - 11h50 Input Statement: Intergenerational Justice - Scope and Limits
Parliament – Israel
Prof. Dr. Jörg Tremmel
University of Tübingen, Germany
10h30 - 10h55 French Constitutional Law and Future Generations –
11h50 - 12h10 Input Statement: Ontological debt and Intergenerational Towards the implementation of transgenerational principles?
Justice - The Case of Climate Change Dr. Emilie Gaillard Sebileau
Prof. Dr. Viriato Soromenho-Marques Centre de Recherche Juridique Pothier, Université d’Orléans,
University of Lisbon France
Scientific Coordinator of the Gulbenkian Environment
Programme, Portugal 10h55 - 11h20 Ways to legally implement intergenerational justice
in Portugal
12h10 - 12h30 Input Statement: Democracy and its Boundaries. Can there be Prof. Dr. Francisco Pereira Coutinho
such a thing as a bona fide intergenerational social contract? Universidade Autónoma de Lisboa, Portugal
Prof. Dr. Armando Marques Guedes
University Nova de Lisboa – Faculty of Law 11h20 - 11h50 Debate
President of the General Assembly of the Portuguese Moderator: Sándor Fülöp
Association of Intergenerational Law, Portugal Ombudsman Future Generations, Hungary
12h30 - 13h00 Debate 11h50 - 12h05 Coffee break
Moderator: Prof. Dr. Axel Gosseries
University of Louvain, Belgium
14h30 - 14h50 Input Statement: The Community Environmental Policy as a 12h15 - 12h25 Final speech/considerations
contribution to intergenerational justice Dr. Maja Göpel
Pedro Barbosa Director Future Justice, World Future Council, Belgium
European Commission Directorate – General for the
Environment, Portugal 12h25 - 12h35 Final speech/considerations
Prof. Dr. Armando Marques Guedes
14h50 - 15h10 Input Statement: The European Convention on Human Rights University Nova de Lisboa – Faculty of Law
and the Right to a Healthy Environment President of the General Assembly of the Portuguese
Abel de Campos Association of International Law, Portugal
Head of Legal Division of the European Court of Human Rights
12h35 - 12h45 Final speech/considerations
15h10 - 15h30 Input Statement: On How to Represent Future Generations
Moderator Prof. Dr. Manuel Almeida Ribeiro
in European Governance
Steering Committee of the Portuguese Association for
Dr. Maja Göpel
the United Nations
Director Future Justice, World Future Council, Belgium
High Institute for Political and Social Sciences (ISCSP)
15h30 - 15h55 Debate
Moderator: Prof. Dr. Manuel Almeida Ribeiro 12h45 - 12h55 Presentation – Future Intelligence and Sustainability
Steering Committee of the Portuguese Association for the Judge (ret.) Shlomo Shoham
United States Former Commissioner for Future Generations of the Israeli
High Institute for Political and Social Sciences (ISCSP) Parliament – Israel
15h55 - 16h20 Coffee break 12h55 - 13h00 Moderator and final speech
Marisa dos Reis
Project Leader of the Conference, Foundation for the Right
THIRD PANEL DISCUSSION – INTERGENERATIONAL JUSTICE AND of Future Generations, Germany
INTERNATIONAL LAW
END OF CONFERENCE, CERTIFICATES DISTRIBUTION (Counter/Secretariat)
16h20 - 16h45 Input Statement: Implementing intergenerational justice:
Children at the heart of policy making
Lucy Stone
Climate Change Manager, Unicef UK Intergenerational Justice Review 25
Volume 10 · Issue 1/2010
CONFERENCE PAPERS
Our Intergenerational Obligations
by Prof. Dr. Axel Gosseries
T
hree meanings of generation at a given moment in people’s life or in time, huge philosophical literature, is a challenge
e concept of a generation can be it may well be that if certain conditions are to the very possibility of having intergenera-
used in three different ways to met, age discrimination will not lead to a tional obligations.3 Second, there are further
identify what each generation owes other differential treatment over complete-lives. In complications when it comes to trying to
ones, and why. In line with Jefferson, one the end, we may thus end up having all be- identify whether choices can be made regar-
may first want to look at a generation as a nefited from the same access to power, to he- ding optimal population.4 Is it better to
“nation”.1 Rather than putting forward the alth care or to employment. eories of bring to existence a generation constituted
idea of an intergenerational community, it justice need to identify the conditions under of a vastly larger population that is slightly
stresses instead the need to take generatio- which this would arise. ey also need to poorer on average, or should we go instead
nal sovereignty seriously. An illustration of find out whether complete-lives should al- for demographic choices leading to the exi-
such a concern is the discussion as to the ex- ways be seen as the relevant unit of moral stence of a smaller and much better off po-
tent to which constitutional rigidity can be concern. And they should even ask themsel- pulation on average than the former? Is there
defended, since it restricts the sovereignty of ves what (if anything) justice between age- any sense in which we can say that it is bet-
subsequent generations. More generally, the groups has to say about what specific age ter for them, knowing that some people will
question arises as to whether the past should groups owe to one another. For instance, only exist under one of the two options? Fi-
be allowed to bind us, either through com- what do parents owe their children - and nally, if we consider that the number of fu-
mitments made in our name, necessarily conversely – and what do teenagers owe the ture generations is indefinite, if not infinite,
without our approval (e.g. a government elderly - and conversely. this raises in turn specific problems. For how
contracting an external debt that will need e third meaning is the one of a ‘birth co- are we supposed to divide fairly the various
to be repaid over decades), or out of past hort’, i.e. a set of people who were born bet- types of pies that make our existence possi-
wrongful actions that would require com- ween time x and time y (e.g. all those born ble, enjoyable and meaningful if we have no
pensation (e.g. reparations for slavery). after Jan 1st, 2000 and before Dec. 31, way of knowing how many people are sit-
Here, I share Jefferson’s intuition. If we con- 2001). Here, we use the word ‘generation’ ting around the table. We will leave these
sider that a person should not be bound by simply to refer to people located at different three issues aside here.
- or be held responsible for - (in)actions that moments in time. In fact, treating cohorts
took place before its birth, we face a fascina- as a ‘nation’ is a specific instance of this third Why and what?
ting challenge. What we need to do is to cohortal approach. We may then begin to Let us thus focus on a simple and restricted
come up with alternative accounts for e.g. explore the various ways in which time and setting. One generation asks what it owes
the need for constitutional rigidity, for the justice relate to one another, impacting po- the next one. I assume that this has a lot to
intuition that mere debt cancellation may be tentially on the justification and content of say about the broader intergenerational set
unfair and/or counterproductive, or for the our intergenerational obligations. Invest- of issues, including when very remote gene-
need to do something about the current im- ment requires time. People at two different rations are involved, when large uncertain-
pacts of past slavery. To put it differently, locations in time that are far apart are un- ties are at stake... In asking ourselves why we
considering the principle of ‘common but able to meet and properly interact. Time has owe something to the next generation, theo-
differentiated responsibility’ in the environ- a direction such that some come first and ot- ries of justice have very different stories to
mental realm (e.g. in the climate change de- hers later. And so on and so forth. Each of tell us.5 A mutual advantage contractarian
bate), we need to be able to argue for these features has significant implications on will tell us that if a generation is to owe any-
differentiated obligations without implying how we should conceive of our intergenera- thing to the next one, it needs to be on
differentiated responsibility. While it is not tional obligations. grounds of mutual advantage. In contrast, a
possible to go into details here, I think that Hereinafter, I will refer to generations as reciprocity-based view will tell us that we
this can be achieved. birth cohorts – as opposed to ‘nations’ or owe something to the next generation be-
ere is a second meaning of generation that age-groups, or even richer notions that so- cause we have a debt towards the preceding
raises specific challenges for theories of ju- ciologists tend to rely upon. We will simply generation. In this case, the intuition is that
stice. It consists in treating generations as focus on a twofold issue: what does each ge- net transfers need to be erased out. No one
‘age-groups’.2 Here, the key focus point is neration owe the next generation and why? should end up having received more than
the ‘complete-life’ view. Age is special when is is a specific way of framing things that what it gave back. An egalitarian or a utili-
compared to e.g. gender or race. We cannot leaves aside many issues, including the three tarian theory will not rely on ideas of mu-
change our age. Yet, our age changes. is following ones. First, our current actions tual advantage or of debt towards the past.
matters. For if we consider that e.g. egalita- may affect the very identity of future people, ey will instead simply insist on being im-
rians should care about complete-life ine- i.e. who will be born and who will not. is partial. For an egalitarian, we owe something
qualities as opposed to inequalities obtaining ‘non-identity problem’, on which there is a to the next generation, not because it is at
CONFERENCE PAPERS
Intergenerational Justice – Scope and Limits
by Prof. Dr. Dr. Jörg Tremmel
e presentation is based on the speaker’s new future on a global scale. In Plato’s or Kant’s lated’, and ‘chronological’ meanings of the
book: days, people did not have the same problems term ‘generation’. Statements on generatio-
Tremmel, J. C. (2009): A eory of Interge- with regard to the environment, pension nal justice normally refer to the chronologi-
nerational Justice. London: Earthscan. schemes, and national debts as we have cal meaning of ‘generation’. ey can also
today. erefore, there was no objective refer to the family-related meaning of ‘gene-
E
ver since Greek antiquity, the no- need for theories of justice that were unli- ration’, but not to its societal meaning. We
tion of justice has been at the centre mited in space and time. According to Hans can also distinguish various comparisons
of intense philosophical debate. Ne- Jonas, the new territory man has conquered between chronological generations: vertical,
vertheless, systematic concepts and theories by high technology is still a no-man’s-land diagonal, horizontal, and overall-life cour-
of justice between non-overlapping genera- for ethical theory which lives in the Newto- ses. Diagonal comparisons as well as com-
tions have only been developed in the last nian age. parisons of overall-life courses are decisive.
few decades. is delay can be explained by Other comparisons are of only limited use
the fact that the impact of man’s scope of Comparisons between ‘generations’ for statements on generational justice.
action has increased. Only since the twen- Statements on generational justice require
tieth century has modern technology given comparisons between generations. Yet, the Arguments against theories of generatio-
us the potential to irreversibly impair the term ‘generation’ is ambiguous. Distinctions nal justice
fate of mankind and nature into the distant can be drawn between ‘societal’, ‘family-re- e non-identity problem coined by
CONFERENCE PAPERS
Ontological debt and Intergenerational Justice –
The Case of Climate Change by Prof. Dr. Viriato Soromenho-Marques
J
ohn Rawls accurately described the pro- own limits. Putting this IJP paradigm under §44, p. 284.
blem of intergenerational justice (IJ) as test, within the contemporary landscape un- 2. Kant, Immanuel (1784): Idee zu einer all-
an almost impossible test to any theory derlined by the huge challenges caused and gemeinen Geschichte in Weltbürgerlicher Absicht
of justice.1 Nevertheless, the way Rawls brought by climate change and the global en- [1784], Gesammelte Schriften, Berlin: Königli-
dealt with the extremely complex IJ problem vironmental crisis. che Akademie der Wissenschafen, ed. 1902, vol.
was very much in the line of the classical fra- Climate change, under the perspective of the VIII, pp. 30-31.
mework in which the idea saw the first light of intergenerational justice principle (IJP) both 3. Burke, Edmund (1790): Reflections on the
the day, in the late 18th century. precedes and goes beyond the debt paradigm: Revolution in France, Selected Works of Ed-
In 1784, Immanuel Kant explained that the a) it precedes the debt paradigm because its mund Burke, Indianapolis, Liberty Fund,
idea of progress towards a cosmopolitan so- ontological nature takes into consideration the 1999, vol. 2, pp.192-193.
ciety was the only rational device that could basic pre-conditions of justice, namely the exi- 4. Banning, Lance (ed.) (1995): Jefferson and
allow any future generation to judge the con- stence of a planet able to accommodate Madison. ree Conversations from the
tribution of previous generations.2 erefore, human beings; b) beyond the debt paradigm, Founding, Madison: Madison House, 1995,
Kant introduced the model of a contract bet- because the implications of climate change are p. 166.
ween generations, where, in spite of the tem- unable to be framed in a cost benefit analysis, 5. Rawls, John (1971): A eory of Justice,
poral asymmetry in the reciprocity of duties given the risk of collapse.6 erefore, I con- New York: Oxford University Press, ed. 1990,
between the living and those waiting to be clude that in order to have the expectation of §44, p. 285.
born, we were able to identify a common en- a real legal implementation of international 6. “Perhaps in the end the climate-change eco-
deavour, amidst a chain of efforts in time and justice in the sphere of climate change, we will nomist can help most by not presenting a cost-be-
space. No one was better able to depict than need to combine a double approach: a) the nefit estimate for what is inherently a fat-tailed
Edmund Burke the “partnership…between intergenerational justice principle (IJP), seen situation with potentially unlimited downside
those who are living, those who are dead, and in the framework of the ontological debt pro- exposure…”, Weitzman, Martin L. (2009) On
those who are to be born.” 3 e compact bet- spect, may be understood as a meta-justice Modelling and Interpreting the Economics of
ween generations raised the question of kno- principle, more as a guide for practical reason, Catastrophic Climate Change, e Review of
wing what would be the real evaluation, either than a tool to concrete action; b) e key for Economics and Statistics, Vol. XCI, February,
positive or negative, regarding the heritage workable justice will be the acting combina- p. 18.
brought within the timeline of succeeding ge- tion between the IJP and the Principle of
nerations. Common but Differentiated Responsibilities Biography:
e question about the “burden of history” (die (PCDR). Prof. Dr. Viriato Soromenho-Marques
Last der Geschichte), voiced by Kant in 1784, e future of climate change negotiations will (*1957) teaches in the Departments of Philo-
echoed by Burke in 1790, was transformed by depend dramatically on the right hierarchy sophy and European Studies of the University
omas Jefferson in his correspondence with between the rational priorities of IJP, as a of Lisbon, where he is Full Professor. He was
James Madison (1789-1790) in what I call the meta-justice concept, over the PCDR, under- Chairman of Quercus (1992-95). He was
‘standing debt paradigm’ of the intergenera- stood as a vital workable justice device. Only Vice-Chair of the European Environmental
tional justice principle (IJP).4 We may easily through that strong combination will we be and Sustainable Development Advisory
identify the same debt paradigm in Rawls in conditions of avoiding a legal vacuum after Councils network (2001-06), being member
(1971) who tries to explain the duties of each the expiration of the Kyoto Protocol, by the of the Portuguese Council (CNADS). He is
generations regarding the continuity and en- end of 2012. the scientific coordinator of the Gulbenkian
hancement of the material and cultural flows Environment Programme. He is member of
of history's fabric.5 Notes: the Advisory Group on Energy and Climate
e main point this presentation wishes to su- 1. Rawls, John (1971): A eory of Justice, Change by invitation of the President of the
stain, however, brings the debt paradigm to its New York: Oxford University Press, ed. 1990, European Commission
I
n an atmosphere of ever-louder discus- lebrate bona fide contracts with those whom our ‘classical’ limited take on democracy is
sions on ‘intergenerational rights and we can not have as possible interlocutors1. but one of various possible formats – and a
obligations’, or ‘intergenerational ju- In contemporary legal thought, this has re- particularly poor one at that.2 is opens up
stice’ – mainly led by the pull of systemic in- ceived many different formulations. But a window of opportunity, so to speak.
terdependencies of all sorts (environmental, they do seem to have the same rootings: Allow me to focus briefly on how this
demographic, economic and financial, secu- against the background of older discussions, window of opportunity operates and on
rity and defense related ones, etc.) – we often and beyond recent polemics among authors how it may be used for the production of
overlook the implicit political impensés in- like D. Parfit, W. Beckerman, A. Gosseries, new normative frameworks not constrained
herent in these formulations; or, instead, use and J. Tremmel, to name only the few of the by structural short-termism. To be sure, I
them as agendas for change in a sort of phi- most obvious authors who have of late been would argue that in order to embrace wit-
losophical gambit. If and when we do em- writing about these matters, the issue re- hin the ‘democratic fold’ the rights and ob-
brace those notions, we are doing so outside mains of a deep-seated uneasiness between ligations of, say, and to use a limit-case, the
the core scope of the illuminist liberal de- the ‘contractualist’ template of writers like as yet unborn or even yet unconceived, a re-
mocratic ‘grammar’ – one in which a short Immanuel Kant (or/and their ‘contractarian’ vamping of the venerable concept is indeed
time-frame of an ‘immediate-return’ logic is kin models, like that of omas Hobbes, if required – but merely one which adds noti-
a basis for the gestation of social ties. One we want to operate a now often common di- ons of community to notions of individua-
in which short-termism usually prevails. It stinction) and its many early or modern va- lity, tightly linking these up, ‘umbilically’,
need not be so: to be sure, notions such as riants, on the one hand and, on the other, surely, but without eroding their ultimate se-
those of humanity, responsibilities, rights the idea that any sort of ‘contract’ may be parateness; this is what I thus call the ‘de-
and obligations do hold especially close links celebrated, in any but a moral and meta- mocratic elsewhere’, a point to which I shall
to democracy. Unfortunately, however, the phorical sense, with the not-yet born – or briefly return. In other words, we can go
linkages are far from linear – but that should even with those still too young to really en- beyond the ‘classical’ immediate-return li-
by no means lead us to throw down our gage us in the shaping of a political com- mitations of short-termism by means of an
hands and place notions such as those of in- munity. addition, even though one which amounts
tergenerational justice as beyond the pale. I contend that this, however, does not mean to little more than a tweaking. is is not-
In what follows, I wish to suggest how we we should just discard ideals such as those hing new: the likes of Immanuel Kant, Ed-
may overtake such limitations of ‘classic’ de- of forms of intergenerational justice, rights, mund Burke and omas Jefferson saw this
mocracy by somehow returning to basics. In or obligations. Nevertheless, it does spell clearly. To touch upon but one example:
trying to do so, I want to stress that, beside that if and when we do embrace them, we Kant saw a means to this in his concept of a
the patent and often pointed out limits im- are doing so outside the scope of the illumi- “cosmopolitanism” pictured as a ‘rational’
posed by the principles of democracy, na- nist liberal democratic ‘grammar’ of old, so generalisation of aggregate choices and de-
mely their potential collision with the to speak – though not necessarily undemo- cisions of ‘human’ agency. Such a construct
pre-requisites needed for the positive mani- cratically, I want to argue, as we can do this is ultimately rooted on the reified projection
festation of an intergenerational ‘political by blazing a trail open in the very concep- of normative ties among present subjects,
community’, the very idea of an intergene- tual infrastructural rootings of democratic with both the freedoms and constraints
rational social contract brings out a series of thinking. Indeed, one could argue that one these embody. ey are built analogically, so
boundaries which are implicitly built into it of the implicits of the ‘modular’ notion of to speak. Like family, lineage, clan, tribe, or
– into the ‘classical’ notion of democracy it- individuals (as Anthony Giddens called the nations of old, a concept such as that of
self. principle upon which is ultimately founded “cosmopolitanism” does certainly afford us
Even the most cursory overview brings these the permutability of people in contemporary a plateau beyond mere individual wills, in-
limits out: given its built-in time-shal- democratic polities) postulated by the mo- terests, ‘ties that bind’, and other facile – and
lowness, ‘pure’ classic democracy, a se, me- dern ‘democratic turn’ is precisely one man- therefore highly risky for democracy – pri-
rely allows us to consolidate ‘promissory ner of bringing in an essential time-depth to mordialistic identity-appeals. What is more,
compacts’ with one another, even if we pro- an otherwise timeless notion of ‘indivi- it does so while avoiding the often steep
claim to lay them up for the sake of ‘the yet duals’– as it may cogently be contended asymmetries and slippery pitfalls built into
unconceived’ or of the ‘very young’ – i.e. for there is an ‘elective affinity’ between both these earlier and intrinsically hierarchical en-
‘the benefit of virtual persons’. e reasons choices since both give body to the ‘meta- tities. e ‘ecumenical Catholicism’ of cos-
for this are readily apparent: pure, ‘classic’, democratic’ assumption of a prior humanity mopolitanism (let me call it that) allows us
Democracy appears not to permit us to ce- (and of its dignity) for the ordering of which to stretch the limited time-frame typical of
CONFERENCE PAPERS
The Community Environmental Policy as a contribution
to intergenerational justice
by Pedro Barbosa
E
nvironmental issues nowadays play Biography: Currently on mission at the Commission’s
a central role in European policy Pedro Barbosa has been working on Euro- Representation in Portugal, he deals with the
formulation and implementation. A pean affairs for the last 12 years, as a con- implementation of community environ-
well consolidated body of legislation covers sultant and then as a European civil servant. mental legislation.
areas as diverse as climate, air quality, che- Within the European Commission he has Pedro studied economics at the University
micals, land use, industrial installations, worked for the Employment and Fisheries of Porto and European Affairs at the College
noise, nature and biodiversity protection, departments before joining the Environ- of Europe in Bruges.
waste management, water, soil, etc. ment department in 2004.
Common to all activities in these fields is an
over-arching principle of sustainable deve-
lopment with a strong intergenerational di-
mension: our societies must be able to satisfy
their needs without jeopardising the ability
of future generations to satisfy their own
needs.
is speaker was not able to provide us with a
summary of his presentation. is text corres- Second Panel: “Intergenerational Justice in Eu-
ponds to the abstract published on the website ropean Law”: Dr. Maja Göpel, Abel de Cam-
of the conference www.futuregenerations-law- pos, Pedro Barbosa and Prof. Dr. Axel
conference.com Gosseries
CONFERENCE PAPERS
The European Convention on Human Rights
and the Right to a Healthy Environment
by Abel de Campos1
O
ne cannot find the right to a heal- as I will illustrate. rights at the international level. In 1950, this
thy environment in the European idea was indeed a revolution: for the first
Convention of Human Rights Human rights as enforceable rights time, the individual was put at the heart of
(ECHR). Furthermore, it cannot be found It is widely known that the main contribu- international law; he was no longer a mere
in its additional protocols, which have added tion of the European system of protection of object of international law, which dealt with
other rights to the original text, such as the human rights lies in the then unpreceden- States rather than individuals.
protection of property, the right to educa- ted judicial machinery that it has created. e ECHR is not designed to protect col-
tion or freedom of movement. Nevertheless, More than a ‘simple’ human rights catalo- lective rights. It is by the protection of indi-
there is indirect judicial enforceability for gue, the European Convention created a sy- vidual rights of European citizens that the
the human right to a healthy environment, stem of judicial enforcement of human European Convention system fulfils its fun-
CONFERENCE PAPERS
Implementing intergenerational justice:
Children at the heart of policy making
by Lucy Stone
F
ocusing on children and their future term but on long term, more sustainable de- impacts are likely to be irreversible. ere-
is a powerful way to transform the cisions. fore, the current generation of adults alive
confused attempts to tackle climate Climate science indicates that even the most today will decide the fate of many generati-
change into renewed implementation of su- conservative predictions will have conside- ons to come. UNICEF UK explored how
stainable development. Protecting children’s rable impacts on children, particularly those focusing on child rights provides an oppor-
rights to health and education for example, in countries least responsible but most at tunity to implement intergenerational ju-
and planning ahead for children’s future, is risk; the least developed nations. e stice in the context of climate change.
not a hugely controversial idea. But when window of opportunity to prevent the worst e United Nations Convention of the
applied to climate change it renews efforts scenarios of climate change is fast closing Rights of the Child (CRC) is the most wi-
to focus decision making not on the short and many of the potential environmental dely ratified international human rights
CONFERENCE PAPERS
The Failure of Copenhagen and its consequences
for International Relations by Dr. Marisa Matias
A
lmost everything has been said gence of a new civil society. Without unani- countries, to create an International Court
about the Copenhagen Summit: mous agreement, the problems emerging to deal with climate ‘crimes’. Finally, there is
its failure, the disappointment, the from climate change raise important questi- a transversal debate that cuts across all afo-
unrealised goals, a new global order, the re- ons that demand reflection and action. One rementioned dimensions: what is the role of
configuration of power relations, the new of the key issues is the role of the United Na- politics in dealing with climatic problems
‘maps’ for inter-relations, the role of the tions in the governance of climate change and climate justice. How can our politics
United States and China, the news spaces and the renewal of discussions regarding a deal with a possible new global order toget-
generated by the counter-summit and the dedicated commission inside its structure. her with issues of climate justice and issues
organization of the Cochabamba meeting Another important matter involves the at- of redistribution?
on the rights of Mother Earth, the emer- tempts, mainly by some Latin American
CONFERENCE PAPERS
The Role of the State in the Protection of Future Generations
by Judge (ret.) Shlomo Shoham
F
acing the future that awaits us beyond government is subject to a multiplicity of the executive branch. It should express its
the horizon, taking responsibility for fragmented and conflicting interests. e opinion on decisions that are in some sense
the generations to come, it is time for ability of the government and the political damaging in the long-term view. In addition,
all states to find the most effective way to system to rule and act is relatively low. I le- the unit should be able to describe or antici-
create a desired future on planet earth. arned that a successful sustainability unit pate problems that may occur in the absence
I will focus on the need for Sustainability must be modelled in a way that allows it to of futures thinking – especially since crucial
Units to be part of the constitutional struc- address this present-day political reality as decisions are often a product of short-term
ture in democracies, and how to establish well as to think about the future. thinking.
such units within the governance structures. d) To this end, I claim that the secret to suc- j) Solutions: e unit should serve as an ad-
e most important goal of foresight bodies cess is behavior emphasizing both of these visory body that creates contingency plans
is to influence the state and its institutions, goals. I therefore suggest a model in which and offers solutions created through futures
prompting each to act in a visionary way and sustainability units of all kinds are composed thinking and long-term consciousness (not
to take long-term considerations into ac- of two sub-units, one for content and anot- necessarily as a response to existing pro-
count. Yet this kind of long-term thinking is her for impact management. blems).
too often precisely what decision-makers e) e rationale for this division is grounded k) Incentives: e unit should be able to ma-
lack – indeed, the lessons of future-oriented in the often-imperfect processes of political nage political stimuli in order to create in-
thinking are frequently neglected in favor of decision-making. A sustainability unit will be centives for decision-makers to act. It should
pressing political interests. Any discussion on influential only if it meshes with the way de- draw attention to problems and its own so-
the correct model for a sustainability unit cisions are actually made. lutions, thereby sensitizing decision-makers
must thus take the following factors as prac- f ) All democracies, virtually by definition, to the long-term consequences of their ac-
tical constraints: show some level of fragmentation, conflict of tions or, alternately, their inaction. In so
a) Decision-makers and policymakers may interest, and resource constraints. Political doing, the unit facilitates timely change and
seem to agree that conduct based on vision pressure often pushes leaders to act from helps prevent extreme situations from evol-
and foresight is desirable. However, foresight short-term, compromise goals rather than ving into a crisis.
is sometimes in opposition to the hidden in- long-term vision. Orderly decision making is l) A body that addresses only a subset of
terests and motives (both personal and poli- very rare. these elements will have difficulties in carry-
tical) of the political system and its leading g) Sound decisions are made and good po- ing out its task. e most exquisite sensiti-
figures. It is these less obvious themes that licy is carried out only when the three ele- vity to problems and the most brilliantly
determine the political agenda. ments – problem, solution, and incentive – conceived solutions will be useless if the in-
b) Decision-making and implementation appear or are exposed simultaneously. Su- centives to act are not in place.
processes in democratic systems are not ra- stainability units in governmental bodies m) Legal authority of the unit: e legal aut-
tional, striving to reach and manifest logical, should be constructed so they can recognize hority of the sustainability unit naturally has
optimal solutions. Rather, they fluctuate bet- and address each element in a way that ma- great significance in determining the way it
ween a model of “finding a satisfactory solu- ximizes the influence of their recommenda- operates. Any implementing law should thus
tion” and one of “organic chaos.” e precise tions. be designed to give the unit sufficient range
balance will be determined by each country’s h) A successful sustainability unit will have a of action and authority – all in accordance
social and political structures, cultural tradi- specific relationship to all of these elements with a given country’s regime and governing
tion, and leaders’ ability to govern. of decision-making, each of which is worth system. is said, I believe there is advan-
c) Our experience in Israel perhaps showed examining: tage in positioning the sustainability unit in
an extreme example of both constraints. De- i) Problems: e unit should serve as an au- the legislative branch, as an integral part of
spite phenomenal progress in Israel’s mere 60 diting body that forms an integral part of the parliament (or at least an established part of
years of existence, the country’s democratic legislative branch’s supervisory authority over the State Comptroller's Office, which deri-
CONFERENCE PAPERS
French Constitutional Law and Future Generations –
Towards the implementation of transgenerational principles?
by Dr. Emilie Gaillard Sebileau
I
n 2005, an Environmental Charter was cient provisions to provide a juridical de- French constitutional imagination. If Arti-
adopted in order to integrate new fun- fence of future generations? Should they be cle 6 of the 1789 Declaration of the Rights
damental rights and duties for the envi- considered as a new entity protected by con- of Man and Citizen states that “Law is the
ronment and future generations. In 2008, stitutional law? Are new revisions really ne- expression of the general will”, it is evidently
an official committee presided by Mrs Si- cessary? Last, but not least, are there that of actual people. Moreover, it involves
mone Veil was commissioned to examine transgenerational principles capable of im- the notion that drafters of the constitution
whether or not, the preamble should be plementing a juridical protection of future and legislative powers do not have the legi-
reformed so as to take bioethical issues into generations? timacy to endow laws for future generations.
account.1 Even though the Committee de- Contrary to widespread opinion, the imple- If not, the fundamental law would be syn-
cided not to change the preamble, this was mentation of justice towards future genera- onymous with illegitimacy. In this context,
rather due to the fact that French constitu- tions may be possible, in many ways de lege no law for the future may be formulated as
tional law has a large spectrum of possibili- lata. However, from the constitutional ima- it would be contrary to the freedom of indi-
ties in order to adapt to bioethics issues. ginary to the normative implementation of viduals. e full cycle has occurred when
Nevertheless, as many members of the exe- French constitutional law, it is an epistemo- reading Article 5 of the 1789 French Decla-
cutive clearly expressed their will to protect logical break that must first be described. We ration of the Rights of Man and Citizen
future generations, the question of imple- have inherited a limited temporal matrix in which sets out that “e Law has the right to
menting justice through constitutional prin- which the social contract is supposed to take forbid only actions which are injurious to so-
ciples now clearly has to be examined. place.2 is philosophical perception has ciety”. Given that the XIXth century’s society
Are there, in French constitutional law, suffi- been inserted deeply into the heart of the was not in touch with future generations,
CONFERENCE PAPERS
Ways to legally implement
intergenerational justice in Portugal
by Prof. Dr. Francisco Pereira Coutinho
T
he principle of intergenerational ju- intergenerational justice over financial issues For instance, introducing a constitutional
stice has been granted constitutio- is now one of the hottest topics on the poli- limit to the deficit may create the perception
nal protection in Art. 66 of the tical agenda in Portugal. Just recently the that the problem is solved magically, but it
Portuguese Constitution, where it is stated Portuguese Minister of Foreign Affairs came will probably lead to a simple violation of
that natural resources must be explored with forward with the idea of introducing a 3 per- the constitution, either directly or indirectly
due regard for this principle. Moreover, Art. cent limit to the public deficit in the Con- through imaginative and non-transparent
5 of the law on urban and territorial ma- stitution. Several other commentators have budgets. In this matter, there are no consti-
nagement also refers to the intergeneratio- also expressed their belief that the soaring tutional silver bullets that could kill the we-
nal justice principle to assure that future public debt has to be stopped in order not to rewolf that is our current deficit problem
generations are granted a well managed ter- jeopardize the country’s future. right now.
ritory. One can infer from the principle of interge- However, there are some measures that
It is not surprising that it was within this fra- nerational justice that our decisions should could be implemented: one example is to in-
mework that the constitutional concretiza- not radically condition the power that fu- troduce in the Constitution a general finan-
tion of the principle of intergenerational ture generation will have to make policy de- cial intergenerational justice clause similar
justice occurred. Indeed, it was within envi- cisions. In other words, we cannot deplete to the one found in Art. 115 of the German
ronmental law that the complex theoretical the country’s resources in such a way that fu- Constitution that states that “revenue obtai-
question of collective rights was first addres- ture generations cannot make relevant deci- ned by borrowing shall not exceed the total of
sed and solved. Since no one can claim to be sions. As it is well known, the concretization investment expenditures provided for in the
the sole owner of the environment, this right of social policies is fundamentally dependent budget; exceptions shall be permissible only to
could not be judicially enforced. e theory on the financial health of the State. Social avert a disturbance of the overall economic
of the ‘diffuse interest’ was then created to security, housing or even education policies equilibrium”; another is to adopt transparent
overcome this problem. Nowadays Portu- for future generations can be limited by the budgets that incorporate generational costs.
guese courts unanimously recognize the en- financial decisions of today. erefore, one at means that the governments must in-
vironment as a diffuse interest. is has must find legal instruments that can limit ternalize additional costs that are their own
obviously led to the recognition of ever in- government powers to financially deplete responsibility. Modern budgets should, the-
creasing rights to organizations devoted to the countries resources through the accu- refore, include intergenerational costs asso-
the protection of the environment, such as mulation of loans or debt. ciated with the rise of the expense, as well as
the right of popular action, which finds its e problem is that some of the solutions a prediction of the social expenses the State
constitutional ground on Art. 52 of the given to implement some kind of generatio- may face in the future. at will also mean
Constitution. nal equity within our community simply do presenting credible alternative macroecono-
e possibility of extending the principle of not seem to be able to solve this problem. mic scenarios of public finance.
T
he non-identity problem and the the capacity to inherit, as in, e.g., the Portu- who will be descendants of a determined
question of non recognition of legal guese, or the German civil codes or even the and living person at the time of the devolu-
personhood to people not yet born Spanish foral civil codes). e Portuguese tion of the inheritance b) Legal persons and
or at least conceived (depending on the Article 2033 says: (General principles) “Ca- societies.”3
country)2 can be approached from a new pable of inheriting are: the State, all persons e German law (section 1923) reads: “Ca-
and creative point of view. already born or conceived at the time of the pacity to inherit (1) Only a person who is
Most civil codes provide legal protection of devolution of the inheritance and who are alive at the time of the devolution of an in-
certain fundamental rights after death (post not excluded by law. 2. e following have heritance may be an heir. (2) A person who
mortem protection) as well as guaranteeing also capacity to inherit by will or contractual is not yet alive at the time of the devolution
some rights to unborn persons (including succession: a) the unborn not yet conceived, of an inheritance, but has already been con-
D
avid Willetts’ book e Pinch and consistent with each other, especially
could have hardly been published given their justifications and implications.
more timely. e context of the e first is a naturalized account of coope-
current euro-zone crisis over debt manage- ration with biological arguments (neurobio-
ment and the election of David Cameron to logy, Dawkins’ selfish gene). e second
the office of Prime Minister in the United models cooperation between rational and
Kingdom, based on a programme of deficit self-interested agents (game theory). e
reduction, have all drawn attention to the third is a watered-down Rawlsian contrac-
alleged excesses of older generations. As sug- tualist theory. Willetts concludes his reaso-
gested by the subtitle, How the baby boomers ning by underlining the centrality of the
took their children’s future - and why they family to uphold such transfers, thereby
should give it back, the aim of the book is to echoing the first chapter (discussed below).
explain the dues of different generations Around this main argument, Willetts dis-
since the Second World War from a per- cusses the reasons why the boomers became
spective of intergenerational cooperation such an unprecedented generation, inclu-
and equity. is appears to be a novel justi- ding: ultra-individualism, the permissiveness
fication for public policy, but it remains to of society, the deregulation of the labour
be discussed how justified or convincing his market that allowed access to women and
argumentation is. foreigners. e result of these changes is,
according to him, an increasingly wasteful
e main thesis of the book reads as follows: (p.164). In other terms, according to the disposal of society’s resources. e transfor-
as a very large generation, the baby boomers HM Treasury: “e share of age-related mation of the family structure (i.e. ever
(individuals born between 1945 and 1965) spending is therefore projected to increase smaller households) has also resulted in
have benefited from an exceptional situa- from around half of total government spen- more inequality. Increased investment in fa-
tion. However, that position does and will ding in 2007-08 to around 60 per cent by mily ties, including more time devoted to
impose strains on the younger generations’ 2057-58.” (p. 39) ese figures remain infants but not adolescents, runs parallel
well-being, a situation that is unfair. Not much below those of other European coun- with the decline in civic participation, a si-
only do the baby boomers dominate cultu- tries such as France of Germany (p. 41). tuation that Willetts greatly deplores follo-
rally, through their power as an extremely Still, such a growth of public spending could wing authors like Robert D. Putnam. In
large consumption market, but they also only be met by raising further taxes accor- chapter 10, Willetts considers that the de-
have concentrated extravagant amounts of ding to Willetts: “at would mean tax in- crease of social mobility fosters social ine-
wealth and property in the UK. According creases just to carry on delivering quality. Schooling segregation and the
to Willetts, they own £3.5 trillion of the we- programmes which don’t change to a popu- importance of “soft skills” restrain the op-
alth of the country out of a total of £6.7 tril- lation which does. is is a heavy burden for portunities of the most disadvantaged.
lion (p. 76). ey have mismanaged these the young generation to bear as they go Changing admission rules, providing ade-
assets, for example by a lack of savings in the through their working lives” (p. 165). Based quate training and more information are the
private sector and unscrupulous investment on a 2004-publication by Hills, the baby solutions envisaged by the author. Accession
in the housing bubble. is behaviour has boomers are expected to receive 18 percent to the housing market by younger generati-
limited the younger generations’ capacity to more from the welfare state than they have ons has also been particularly difficult with
acquire and accumulate. Soon, baby boo- contributed (p. 162). the housing boom, which has left them re-
mers could be imposing their political and What Willetts considers the appropriate paying extravagant mortgages (chapter 11).
economic agendas, especially with respect to level of intergenerational transfers and the In addition to the financial and investment
pensions and health care spending through main arguments supporting such transfers mistakes committed by the boomers, Wil-
democratic votes. Gerontocracy would pe- are explored in chapter 5 ‘e Social Con- letts recognizes that other factors also explain
nalize the youngest by favouring state redis- tract’, through both concepts of direct and the difficulties faced by the younger genera-
tribution towards seniors. Quoted by indirect reciprocity between three generati- tions including greater competition on the
Willetts, projections based on data by the ons: grandparents, parents and children. In labour market (resulting from globalisation)
HM Treasury indicate that age-related spen- that chapter, Willetts provides a three-fold and low inflation rates. e age segregation
ding would increase by £60 billion in today’s support for transfers between generations. at each stage of life would also have preven-
money, that is a 4.9 percentage points in- ese three accounts of intergenerational ju- ted the baby boomers from realising the dif-
crease of 2007/08 GDP within forty years stice are, however, not always compatible ficulties that the younger generations
G
énérations Equitables represents a resulting from demographic change lies in the
very welcome francophone perspec- increase of the productive potential for the fu-
tive on the topic of intergeneratio- ture generation such as partly financing pen-
nal justice. e context of an aging European sions through capitalization, but also greater
population, consisting largely of baby boo- investments in infrastructures, R&D and trai-
mers, coupled with the threat of climate ning. In his conclusion, Van Parjis suggests
change, appears as the general backdrop of that a coexistence of the demands of interge-
the book, bringing such issues to the fore in nerational justice between cohorts and bet-
the political and academic debate. e arti- ween age groups implies “an obligation of the
cles, from philosophers, economists, demo- financing of a basic pension at the appropriate
graphers and jurists, broadly fall within three normative level” (p. 59). us, “[w]hat mat-
main areas of focus. One is concerned with ters from the perspective of justice, is the ab-
the theoretical challenges of intergenerational solute level of basic revenue in each age group
justice, a field dominated by the work of and the potential left for each cohort of adults
Rawls. Another centres around environmen- to the next so as to fulfil its obligations.” He
tal affairs and cultural heritage discussed can consequently conclude that the benefit
through case studies both from legal and eco- ratios are particularly inappropriate as a me-
nomics perspectives. e third analyses the thod of discussing intergenerational justice.
consequences of demographic changes, and Unfortunately, it is not always obvious how
more specifically population aging, on inter- the realization of their conception of what a Van Parijs reconciles justice between genera-
generational social policy, with a greater focus successful life is” (p. 42). His conception of tions and justice between age groups. One
on current pensions schemes. is very wide- justice relies on the “lexicographic maximin”. other problem is the absence of a criterion to
ranging topic thus benefits from being consi- It follows that the heritage that a cohort define when the demands of justice start and
dered by a large array of disciplines and from should leave to the next is not one in which end for each age group as the model does not
different and complementing angles. While the latter receives exactly the same stock of allow progression of the adult age group
the articles have clearly not been made avai- natural resources but one in which it inherits through time. Besides, the author does not
lable to the authors before publication, this a “productive potential” at least as high as the explain how the demand from current gene-
could be a blessing in disguise for the reader; one the former generation had received. It is rations to bequest an at least as high produc-
the independence of each of these articles thus indispensable that generations invest suf- tive potential could constrain the demand to
makes divisions and conflicting opinions ficiently and foster technical progress to pre- ensure to all and as much as possible the
more salient. serve the productive potential necessary for rights and means allowing them to pursue the
the future to be in a position to “promote the realization of their conception of what a suc-
e article by Professor Van Parijs presents a real liberty of the least well-off within itself” cessful life is.
large number of theoretical issues also discus- (p. 49). Professor Bichot’s article on pensions contests
sed in the articles concerned with intergene- With respect to justice among age groups, the use of indirect reciprocity to evaluate the
rational social policy. To examine the Van Parijs underlines that two major difficul- dues and payments that each age group
demands of intergenerational justice Van Pa- ties in the theory of commutative justice are should receive from and provide others with.
rijs considers first, justice between cohorts that it does not specify any minimal level of Citing a study by Marcilhacy (2009) aimed
and thus the question of “just heritage” and transfer and is sensitive to life expectancy in a at assessing the level of reciprocal transfers, he
second, justice between age groups as envisa- counter-intuitive way. Van Parijs seems to be evaluates that the benefits and expenses de-
ged through the question of “just transfers”. A more favourable to indirect reciprocity. If the voted to younger generations (infants and
non-utilitarian, Van Parijs is of the opinion productive potential increases or decreases for children) are much larger than what pensio-
that justice is not aiming at the maximisation an age group, the surplus or the deficit should ners will receive from them by a ratio possibly
of the well-being or happiness of individuals be proportionally born by all, under the con- as high as four. e benefits that are taken
but to ensure “to all as much as possible (…) straint of maintaining subsistence for all. e into account to calculate what children have
the rights and means allowing them to pursue solution to the current pension system crisis received from their parents seems however re-
W
ith Future People – A Moderate bits scholarly patience, an openness to ack- the remainder of the book. e first is that it
Consequentialist Account of our nowledge limitations and a willingness to ti- is wrong to gratuitously create a child whose
Obligations to Future Generati- relessly search out difficult problems to life contains nothing but suffering. e se-
ons, Prof. Tim Mulgan has given us a book of confront his own ideas with. cond is that the present generation should not
profound worth on the subject of our duties needlessly cause great suffering to future ge-
to future generations and, indeed much more Establishing moral obligations is complicated nerations. Finally, the third is that reproduc-
besides. His earlier book e Demands of by the fact that “our actions have little impact tive choice is morally open. Accept these
Consequentialism (2002) was described as on those who are dead, considerable impact plausible claims and one is set to begin map-
“powerful and impressive” (Chappell, 2002, on those currently alive, and potentially enor- ping out the moral terrain in this area. Yet, as
p. 897) and “a formidable achievement” (Eg- mous impact on those who will live in the fu- Mulgan is only acutely aware, placing em-
gleston, 2009, p. 125). e same can be said ture” (p. 1). In consideration of this, Mulgan phasis on intuitions is fraught with danger.
for this methodical work, which attempts to presents three basic intuitions ‘e Basic Certainly, the use of intuitions, to make “the
show that a ‘Combined Consequentialism’ Wrongness Intuition’, ‘e Basic Collective journey from the familiar to the familiar” as
can offer a superlative account of what we Intuition’ and the ‘e Basic Liberty Intui- John Wisdom (in Strawson, 1949, p. 259)
owe to those not yet living. e author exhi- tion’, which are, in a sense, the launch pad for put it, is unavoidable in moral philosophy.
R
ichard P. Hiskes is based at the north as far as the Nutmeg State. In the in- cabulary grounded in today’s central politi-
University of Connecticut as a pro- troduction of his book, e Human Right to cal ideas of human rights and justice” (p. 2).
fessor of political theory, some one a Green Future – Environmental Rights and
thousand five hundred miles from the BP oil Intergenerational Justice, Hiskes pre-empts Consequently, Hiskes moves to develop a ju-
disaster site that began to haemorrhage on the frustration Americans now feel in trying stification for environmental human rights,
April 20th, 2010. Despite the distance, it to hold the fourth largest company in the which he understands as the foundation for
seems fair to assume that the political im- world to account: “Environmentalism intergenerational environmental justice.
plications of the slick black tide have drifted needs a new and more muscular political vo- is is, as he himself acknowledges, an ar-
Upcoming Conference: What type of legal nal or legal mechanisms to hold present ge- plementing legal responsibility which will
responsibility towards future generations? nerations liable before a court of law for da- have to be overcome:
mage caused to future generations. - What type of fault can be held against the
Universities of Versailles and Poitiers are Certain scientific disciplines have theorized present generations, while recognising their
organizing a colloquium about legal respon- the responsibility of present generations to- right to their share of hedonism?
sibility towards future generations on De- wards future generations: Philosophy, Eco- - What type of damage can be taken into ac-
cember 10th and 13th, 2010. nomics, Sociology, Bioethics, etc, but not count, bearing in mind that if current law
At present, there are no existing constitutio- Law. ere are a number of obstacles to im- allows the compensation of future damage
“Possibilities and limits of party Take for example the complicated decision mankind […]’. e Charter was obviously
cooperation in democracies” making in the political system of Germany, formulated and signed under the impression
e editors are seeking articles in English for a system that requires the consensus of many of the recently ended Second World War,
an upcoming issue in 2011 of the IGJR with actors often recompensing blockades. e which was the single event with the sharpest
the topic “Possibilities and limits of party non-appearance of costly reforms, for exam- decrease of human welfare in history. e
cooperation in democracies”. ple in climate protection, are examples priorities have since shifted during an era of
which illustrate that measures often oriented unprecedented peace in the OECD world
Every democratic system requires the com- to the future can and are being blocked by and on a global scale. But even though as
petition of political parties and parliament single parties. In this case future generations many as 192 states have signed the UN
factions, and to a certain degree it is part of in particular are disadvantaged by the ab- Charter, starting with an expression of de-
the democratic role play to maintain such sence of functional collaboration of parties. termination to rid the world of the scourge of
competition. Nevertheless, in a democratic war, conflicts still ravage large parts of the
system it is important to aim for as much Deadline for the submission of abstracts is world, particularly in Africa, the Middle East
competition as needed and as much coope- 31 December 2010. and Central Asia. According to findings of
ration as possible, in order to achieve the Deadline for the submission of full articles is the AKUF (Working Group on the Causes
majorities for necessary decisions. Demo- 30 April 2011. of Wars) in Hamburg, Germany, the num-
cracy is always a struggle to balance between ber of conflicts has even steadily risen since
cooperation and competition. Across the the end of the Second World War, while
globe there are many different approaches to “Intergenerational Justice and inner state conflicts increasingly dominate
finding this balance; the British Majority sy- the Scourge of War” the statistics.
stem, the concordance system in Switzer- We are looking for articles in English for the e persistence of the institution of ‘war’
land, the coalition system in Germany and upcoming issue in 2011 of the IGJR with might be the greatest threat of all to future
the Presidential democracies of France and the topic “Intergenerational Justice and the generations. Its negative consequences for the
the USA. All can be said to have their ad- Scourge of War”. future of societies are obvious. Apart from
vantages, but do any of these systems ensure the people dying, traumatised soldiers and
that not only the current needs are addressed e Charter of the United Nations signed victims pass down the psychological dama-
in order to please voters and win votes, but in San Francisco on 26 June 1945 starts with ges they suffered in war times to the future
that long term interests are implemented? the words ‘We the peoples of the United Na- generations as parents. Additionally new
Do any of these systems practice sustainable tions determined to save succeeding genera- forms of inner state conflicts have a much
politics? tions from the scourge of war, which twice longer duration in comparison to classic in-
in our lifetime has brought untold sorrow to terstate wars and leave the economies, state
Joseph Burke Union. He has conducted independent pri- based undergraduate training in the social
Joseph Burke holds degrees in Sociology and mary research in Uganda on economic go- sciences at Sciences Po Paris and holds a
Politics (B.A.), International Development vernance and Syria on human rights issues Double Masters in Economic History and
(MSc.) and Philosophy of the Social Sci- plus philosophical work on human rationa- International Development Economics from
ences (MSc.) from the University of Lime- lity. His work has been published by peer- the London School of Economics and Sci-
rick, University College Dublin and the review and by Blackwell Publishers. He has ences Po Paris. She has also studied at the
London School of Economics, respectively. presented at conferences in the U.K., Ireland University of Chicago in the Economics, So-
Joseph has worked with Irish Aid, Ireland’s and the Netherlands on issues across the so- ciology and Political Economy departments.
national aid agency, with a particular focus cial sciences and philosophy. In October 2010, she will start a PhD in
on expanding partnership with Malawi and Raphaelle Schwarzberg Economic History at the London School of
harmonising activities within the European Raphaelle Schwarzberg has received a broad- Economics.
Imprint
Publisher: Foundation for the Rights of The peer reviewed journal Intergenerational thematic quotes within the articles have been
Future Generations (Stiftung für die Rechte Justice Review aims to improve our understand- selected by the editorial staff to complement the
zukünftiger Generationen) ing of intergenerational justice and sustainable articles.The authors of the articles have no influ-
Editor-in-Chief: Jörg Chet Tremmel development through pure and applied ethical ence on the selection of these quotes. Citations
Editorial staff: research. Bi-annually published in English and from articles are permitted upon accurate
Marisa dos Reis, Joseph Burke, Raphaelle German, the IGJR (ISSN 1617-1799) seeks quotation and submission of one sample of the
Schwarzberg, Sein Kim, Patrick Wegner, articles representing the state of the art in incorporated citation to FRFG. All other rights
Layout: Angela Schmidt, OblaDesign philosophy, politics and law of intergenerational are reserved.
Print: LokayDruck, Königsberger Str. 3, relations. It is an open access journal that is pub-
64354 Reinheim (www.lokay.de) lished on a professional level with an extensive This project has been funded with support from
international readership. The editorial board the European Commission. This publication
Editorial office address: comprises over 50 international experts from ten reflects the views only of the editors, and the
Foundation for the Rights of Future countries, and representing eight disciplines. The Commission cannot be held responsible for any
Generations, (Stiftung für die Rechte IGJR is not only read by the scientific commu- use which may be made of the information
zukünftiger Generationen) nity but also by members of parliaments, contained therein.
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