Future Generations & International Law

by Agius, Emmanuel; Busuttil, Salvino

• ISBN13: 9781853835032
• ISBN10: 185383503X
• Format: Paperback
• Copyright: 1997-09-01
• Publisher: Routledge

Summary

Sustainable development requires consideration of the rights of future generations to meet their own needs, and as sustainability becomes more prominent on national and international political agendas, the status of future generations is receiving more attention. This is the first book to address the status of future generations under international law. In it, fifteen leading experts address the legal and theoretical frameworks for representing and safeguarding the interests of future generations in current international treaties. The issues are complex. How can we have moral or legal obligations to people who do not (yet) exist? If we accept these obligations, who should represent the interests of unborn generations? Should some form of 'guardian' be created to safeguard these interests and if so, what shape should it take, and to whom should it report? This unique volume examines an issue which goes to the heart of putting development onto a truly sustainable footing. It will be necessary reading for academics and students of international environmental law and policy.

Table of Contents

List of Acronyms and Abbreviations
List of Contributors
Preface
Introduction
Obligations of Justice Towards Future Generations: A Revolution in Social and Legal Thought	p. 3
Beyond Parfit's Paradox	p. 13
The Responsibility of the State Towards Future Generations	p. 21
A Guardian as Monitor of Sustainability of Marine Living Resources	p. 27
A Commentary on the Status of Future Generations as a Subject of International Law	p. 39
Speaking Without a Voice	p. 51
Safeguarding Future Generations	p. 65
Protecting Future Generations: Precedents and Practicalities	p. 83
Precautionary Principle and Future Generations	p. 93
The Relevance of UNCED to a Guardian for Future Generations	p. 117
Guarding Intergenerational Rights Over Natural Resources	p. 127
The United Nations as a Guardian for Future Generations	p. 143
Future Generations: Searching for a System of Protection	p. 149
A Draft Instrument Concerning the Role of a Guardian	p. 163
International Legal Materials Referring to Future Generations	p. 167
Notes and References	p. 177
Index	p. 199
Table of Contents provided by Blackwell. All Rights Reserved.