Our obligations to future generations: a human rights approach in the case of Neubauer et al. v. Germany

Fairhurst, Kirsty

Our obligations to future generations: a human rights approach in the case of Neubauer et al. v. Germany

Citation

Fairhurst, K. Our obligations to future generations: a human rights approach in the case of Neubauer et al. v. Germany. 2022. handle: http://hdl.handle.net/10230/55259

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Abstract

Climate change presents profound changes to the Earths’ system and has the potential to impact human rights around the world, both now and in the future. This is becoming a more prominent area of research among legal scholars as litigation becomes a popular tool for enforcing human rights across jurisdictions. As the worst effects of the climate crisis threaten to become a reality beyond 2030 and 2040, the rights and freedoms of future people are more likely to be affected than our own for a problem caused by our actions - or inaction. This presents an issue for intergenerational justice and forces us to ask the question - what are our legal obligations towards the future? In international instruments, intergenerational justice is a common theme, yet most are silent on the rights of future generations. In this thesis, I will consider current theories of intergenerational justice and the rights of future generations, and using a recent successful case Neubaeur et al. v Germany, I will analyse the legal obligations towards future generations and whether they offer sufficient protection. Turning to international law, I may suggest how the rights of future people are to an extent already in existence and their development can be an effective tool for achieving a future-oriented approach and striving towards intergenerational justice.