In the present article, I will evaluate the utility of environmental human rights in the light of the global climate conditions prevailing in the beginning of the second decade of the 21st century. Human rights and their tools have proven useful on many occasions. Here I will promote the idea that the ecological situation we are facing now is so urgent that we should exploit their potential to the fullest. To that end, I will argue, there is a clear need (...) to render environmental rights as explicit, precise and thus legally binding as possible. It is tried to adopt a point of view that is informed by both scientific findings and the theory of human rights; the conclusions are definitely intended to be pragmatic. (shrink)

The author revisits H. L. A. Hart's theory of positive law and argues for a major qualification to the thesis of the separation of law and morality based on a concept of systemic legitimacy derived from the social theory of Jurgen Habermas. He argues that standards for assessing the degree of systemic legitimacy in modern legal systems can develop through reflective exercise of “critical legality,” a concept coined to parallel Hart's “critical morality,” and an expanded understanding of the “external” and (...) “internal” perspectives on legal systems. Following Habermas, he argues that modern positive law must retain systemic legitimacy. After suggesting criteria for measuring systemic legitimacy, the author concludes that the concept provides a useful approach to contemporary problems of “lawless” regimes and “law's imperialism.”. (shrink)

Constitutions enshrine the fundamental values of a people and they build a framework for a state’s public policy. With regard to generational change, their endurance gives rise to two interlinked concerns: the sovereignty concern and the forgone welfare concern. If constitutions are intergenerational contracts, how (in)flexible should they be? This article discusses perpetual constitutions, sunset constitutions, constitutional reform commissions and constitutional conventions, both historically and analytically. It arrives at the conclusion that very rigid constitutions are incompatible with the principle of (...) intergenerational justice. Recurring constitutional reform commissions in fixed time intervals would give each generation of citizens a say without leaning too much to the side of flexibility. (shrink)

What do the living owe those who come after them? It is a question nonsensical to some and unanswerable to others, yet tantalizing in its persistence especially among environmentalists. This article makes a new start on the topic of intergenerational justice by bringing together human rights and environmental justice arguments in a novel way that lays the groundwork for a theory of intergenerational environmental justice based in the human rights to clean air, water, and soil. Three issues foundational to such (...) a theory are explored here. First is the broad question of whether justice is applicable to future (or past) generations in any real sense, or do such issues fall under the rubric of superogation. Second, can environmental goods properly be contained in a theory of distributive justice at all, since, superficially at least, they seem different in kind than the usual objects of justice? I will discuss them as “emergent” goods in fact central to contemporary justice distributions. Third, what is the relationship of justice to rights, and how can environmental human rights be included in justice distributions? (shrink)

ABSTRACT: Biological prospecting is being undertaken in the Antarctic and, as novel material starts to yield significantly higher commercial rewards, the Antarctic Treaty Consultative Parties might decide to regulate it through the Antarctic Treaty System. This will be problematic since activities are already being undertaken, patents have been filed and products developed. Furthermore, there are differing perceptions of the status of the Antarctic, with some considering it global commons and others considering it the common heritage of mankind. These 2 doctrines (...) can be inferred from the rhetoric of the Treaty and its subsequent legal instruments through which human activities, including the use of resources, are managed. However, the Antarctic Treaty System does not support either in practice because activities such as fishing and bioprospecting already return an exclusive reward for effort, with no benefit-sharing arrangements. Under the Convention on the Conservation of Antarctic Marine Living Resources, the Parties determine allowable catches for a fishery based on scientific assessment, and this may discharge them from providing access and benefit-sharing arrangements to the international community potentially available through other international law (e.g. the Law of the Sea Convention or the Convention on Biological Diversity). The major turning point in Antarctica came when the Convention on the Regulation of Antarctic Mineral Resource Activities—which acknowledged the rights of the international community—failed to enter into force. Today the international community is rewarded with a relatively healthy Antarctic environment and free access to some scientific information, which are benefiting all mankind. But the international community does not get direct financial reward from Antarctic activities because access is constrained by law and by a lack of capacity. There is no mechanism for disbursing compensation to all mankind in any case, although the Antarctic Treaty Consultative Parties could certainly rectify this if they had the will to do so. So far they have not. (shrink)

There is increasing research on the effects of industrial livestock production on the environment and human health, but less on the effects this has on animal welfare and ecological justice. The concept of ecological justice as a tool for achieving sustainability is gaining traction in the legal world. Klaus Bosselman defines ecological justice as consisting of three elements: intragenerational justice, intergenerational justice, and interspecies justice. While the first two have been extensively discussed, interspecies justice has received less attention. It is (...) argued that the neglect of interspecies justice in the practice of industrial livestock production leads to both intragenerational and intergenerational injustices. The article focuses primarily on an animal welfare perspective, addressing the extreme harm and oppression of animals entailed by their commoditization for industrial food production. The destructive impact of this mode of food production on environmental resources and its massive contributions to climate change also lead to the impoverishment of the food, environmental, social, and economic health of present and future generations. The article describes the legal mechanisms that have permitted, and indeed encouraged, the move to industrial livestock production, and suggests changes that could reduce the three kinds of ecological injustices which industrial livestock production produces. (shrink)

It is common practice in intergenerational justice to set fixed thresholds determining what qualifies as justice. Static definitions of how much and what to save for future generations, however, overestimate human epistemological limits and predictive capacity in regard to uncertainty in social- and ecosystems. Long-term predictions cannot account for the inherent range of contingent variables at play, especially according to contemporary theories of punctuated equilibrium. It is argued that policies deliberately testing ecological limits as currently conceived must be excluded from (...) political calculations to minimize current actions from foreclosing future life quality and options. To better reduce harms to present and future generations and support the stability of just institutions (and the stable environments they depend on) as Rawls and others demand, polities can overcompensate resource allocation to environmental sustainability. Focus on reducing environmental harms benefits both current and future generations, reconciling distributive versus intergenerational justice trade-offs. (shrink)

ABSTRACT:In this article, we review and build on intergenerational and behavioral ethics research to consider how the motive to build a lasting legacy can impact ethical behavior in intergenerational decision making. We discuss how people can utilize their relationships to organizations to craft their legacies. Further, we elucidate how the legacy motive can enhance business ethics, incorporating theory and empirical findings from research on intergenerational decision making, generativity, and terror management theory to develop the legacy construct and to outline the (...) psychological underpinnings of motivations to leave a positive legacy. We discuss the ways in which legacies can provide a link between life-meaning and pro-social motivation, and we consider the ways in which individuals’ social environments can moderate the intensity of the legacy motive and can impact legacy-building behavior by determining the types of legacies that are valued. Finally, we highlight the implications of these ideas for ethical behavior and sustainable decision making in business contexts. (shrink)