IntergeneratIonal Justice in internatIonal envIronmental law Cover Image

Sprawiedliwość międzypokoleniowa w międzynarodowym prawie środowiska
IntergeneratIonal Justice in internatIonal envIronmental law

Author(s): Maciej Nyka
Subject(s): International Law, Social development, Philosophy of Law
Published by: Wydawnictwo Uniwersytetu Gdańskiego

Summary/Abstract: Intergenerational equity stems directly from the definition of sustainable development. Securing the decent environmental conditions of living for future generations seems to be one of the conditions of the continuity of mankind. That is the reason why the care for the quality of the environment which will be left to future generations can be identified in many international and national documents. Some of these documents are political in their nature, but the rest form a part of international or national „soft law” or even „hard law”. Also, the relations between contemporary people and future generations can be analyzed as a moral duty or can be identified as a legal duty of care, legal interest of future generations or even treated as a right of future generations to the environment of good quality. This last approach seems to secure the quality of the environment in the most effective way. Paradoxically, granting environmental rights to future generations can also secure a good quality of the environment also to contemporary people. On the other hand, many theoretical and practical problems concerning securing rights to people that do not exist at the moment cannot be avoided. Some of these shortcomings have been already solved by the doctrine of legal theory and legal philosophy but still, research in this area seems to be needed.

  • Issue Year: 2016
  • Issue No: XXXV
  • Page Range: 355-372
  • Page Count: 18
  • Language: Polish