Climate litigation in the face of intergenerational responsibility

Abstract

The intergenerational nature of climate litigation raises an interest in the legal protection of future generations. Intergenerational concern is not new in legal studies; however, due to the increasing number of climate litigation cases brought by young people on their own behalf and on behalf of future generations to demand greater climate ambition, new ways of looking at this phenomenon have emerged. This contribution explores its implications; the relevance of the recognition of intergenerational links in international and national law, and how, through climate litigation, new ways of incorporating these linkages into decision-making may be envisioned. Additionally, two recent judgments that may bring some light to this study are analysed: (1) Future Generations v. Ministry of Environment (Colombia) and (2) Neubauer et al. v. Germany (Germany).