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

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.