'Voices of Future Generations in International Law: Exploring the Interconnection Between Climate Change, Human Rights, Intergenerational Equity, and the Future of Global Climate Responsibility'

Abstract

In the twenty-first century, the imperative to institutionalise the voices of future generations has gained unprecedented prominence, with the principle of intergenerational equity progressively influencing international law, human rights jurisprudence, and environmental governance. Although human rights frameworks provide foundational recognition for state obligations toward future generations, current international law remains insufficiently equipped to comprehensively articulate their rights. Significant conceptual and analytical challenges persist concerning the integration of intergenerational equity within contemporary legal and governance regimes.

This dissertation critically examines the legal, political, philosophical and ethical dimensions necessary to establish whether contemporary public international law is adequately positioned to enforce the principle of intergenerational equity within state responses to climate change. It uniquely proposes an innovative synthesis of traditional legal doctrines and emerging philosophical paradigms, positioning the rights of future generations as actionable claims rather than mere aspirational ideals. While intergenerational equity is well-established as a guiding normative principle in international environmental law, its enforceability remains notably underdeveloped. Despite extensive scholarship elucidating the normative foundations of intergenerational justice, mechanisms to hold states accountable to future generations remain significantly lacking. To remedy this deficiency, this thesis presents a comprehensive three-tiered analytical framework consisting of: (a) a human rights-based approach to climate governance; (b) strategic climate litigation; and (c) diplomatic engagement and international decision-making processes. Each component of this framework is critically examined through detailed analyses of legal instruments, judicial decisions, scholarly contributions, philosophical discourse, and relevant international agreements within the intersecting fields of human rights, environmental protection, and intergenerational justice. I argue that the prevailing absence of binding international legal obligations renders intergenerational equity largely aspirational, thereby significantly constraining its effectiveness in compelling meaningful state action on climate change. This thesis identifies critical shortcomings within existing environmental protection frameworks at both national and international levels, advocating for the establishment and adoption of robust, enforceable legal mechanisms to safeguard future generations from irreversible environmental harm.

Furthermore, I contend that the comprehensive nature of human rights, encompassing both negative obligations to refrain from causing harm and positive obligations to proactively protect, imposes distinct and enforceable international legal duties upon states to mitigate anthropogenic greenhouse gas emissions and preserve environmental integrity. These obligations inherently extend beyond present populations, ensuring equitable protection for future generations.

Ultimately, this dissertation contributes significantly to the fields of international law and environmental ethics by advancing a robust, justice-oriented theoretical and legal model for intergenerational protection. It explores innovative legal concepts, such as intergenerational international law and transgenerational group rights, and notably introduces the concept of 'generational trusteeship,' where states act as fiduciaries obligated to safeguard the environmental inheritance of future generations. This unique theoretical contribution provides foundational insights to underpin enforceable rights for future generations and enhance global responses to climate change. In doing so, this research advocates for a collective moral and juridical commitment to securing a sustainable and equitable future for humanity.