The Legal Relationship between Present and Future Generations
The legal relationship between present and future generations is shaped by the concept of intergenerational equity. This concept and its structures of implementation are still controversial today. The present book examines two connected research questions. First, it analyses the legal contents and s...
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| פורמט: | Online |
| שפה: | אנגלית |
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Springer Nature
2025
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| נושאים: | |
| גישה מקוונת: | ONIX_20251128T131701_9783032033451_56 |
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| _version_ | 1869528829588930560 |
|---|---|
| author | Bustami, Ammar |
| author_browse | Bustami, Ammar |
| author_facet | Bustami, Ammar |
| author_sort | Bustami, Ammar |
| collection | Directory of Open Access Books |
| description | The legal relationship between present and future generations is shaped by the concept of intergenerational equity. This concept and its structures of implementation are still controversial today. The present book examines two connected research questions. First, it analyses the legal contents and structures of the concept of intergenerational equity as of today. In this regard, the book addresses two manifestations of intergenerational equity: a general conception and a specific doctrine of intergenerational equity that both differ in their contents as well as their legally binding character. Furthermore, the operationalisation of the concept is still in progress as far as the respective duty-bearers and potential right-holders as well as means of representation are concerned. In this context, the various attempts and actual forms of representation of future generations in policy-making and international and national judicial proceedings are analysed and categorised. The first part of the book comes to the conclusion that intergenerational equity from a contemporaneous perspective is continuously evolving between lex lata and lex ferenda. Therefore and second, the book examines which legal understanding the present generation would and should base its answer on from an intertemporal law perspective on the legal relationship between the present and the future. Starting from the existing doctrine of intertemporal law, this doctrine cannot be applied par for par to the concept of intergenerational equity due to formal as well as substantial reasons. The inherently intertemporal nature of intergenerational equity as well as the irreversible impacts of most intergenerational violations require a shift of perspective with regard to intergenerational equity. The book establishes a modified doctrine of intertemporal law that is adequately applicable to disputes on intergenerational equity. This is an open access book. |
| format | Online |
| id | doab-20.500.12854ir-169619 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Springer Nature |
| publisherStr | Springer Nature |
| record_format | ojs |
| spelling | doab-20.500.12854ir-1696192025-11-29T07:06:06Z The Legal Relationship between Present and Future Generations Bustami, Ammar Open Access intergenerational equity future generations intertemporal law rights of future generations international environmental law climate change sustainable development climate litigation distributive justice thema EDItEUR::L Law::LB International law::LBB Public international law thema EDItEUR::L Law::LB International law::LBB Public international law::LBBP Public international law: environment The legal relationship between present and future generations is shaped by the concept of intergenerational equity. This concept and its structures of implementation are still controversial today. The present book examines two connected research questions. First, it analyses the legal contents and structures of the concept of intergenerational equity as of today. In this regard, the book addresses two manifestations of intergenerational equity: a general conception and a specific doctrine of intergenerational equity that both differ in their contents as well as their legally binding character. Furthermore, the operationalisation of the concept is still in progress as far as the respective duty-bearers and potential right-holders as well as means of representation are concerned. In this context, the various attempts and actual forms of representation of future generations in policy-making and international and national judicial proceedings are analysed and categorised. The first part of the book comes to the conclusion that intergenerational equity from a contemporaneous perspective is continuously evolving between lex lata and lex ferenda. Therefore and second, the book examines which legal understanding the present generation would and should base its answer on from an intertemporal law perspective on the legal relationship between the present and the future. Starting from the existing doctrine of intertemporal law, this doctrine cannot be applied par for par to the concept of intergenerational equity due to formal as well as substantial reasons. The inherently intertemporal nature of intergenerational equity as well as the irreversible impacts of most intergenerational violations require a shift of perspective with regard to intergenerational equity. The book establishes a modified doctrine of intertemporal law that is adequately applicable to disputes on intergenerational equity. This is an open access book. 2025-11-29T07:06:05Z 2025-11-29T07:06:05Z 2025-11-28T12:22:57Z 2026 book ONIX_20251128T131701_9783032033451_56 https://library.oapen.org/handle/20.500.12657/108721 9783032033451 9783032033444 https://directory.doabooks.org/handle/20.500.12854/169619 eng Law and Criminology; Law and Criminology (R0) open access image/jpeg n/a https://library.oapen.org/bitstream/20.500.12657/108721/1/9783032033451.pdf Springer Nature Springer 10.1007/978-3-032-03345-1 10.1007/978-3-032-03345-1 9fa3421d-f917-4153-b9ab-fc337c396b5a de540480-36aa-4940-8611-db2e1b2c5e64 775581ca-5959-4eee-a320-2e23d0d8feaa 9783032033451 9783032033444 Springer 572 Cham [...] Universität Hamburg University of Hamburg 10.13039/501100005711 open access |
| spellingShingle | Open Access intergenerational equity future generations intertemporal law rights of future generations international environmental law climate change sustainable development climate litigation distributive justice thema EDItEUR::L Law::LB International law::LBB Public international law thema EDItEUR::L Law::LB International law::LBB Public international law::LBBP Public international law: environment Bustami, Ammar The Legal Relationship between Present and Future Generations |
| title | The Legal Relationship between Present and Future Generations |
| title_full | The Legal Relationship between Present and Future Generations |
| title_fullStr | The Legal Relationship between Present and Future Generations |
| title_full_unstemmed | The Legal Relationship between Present and Future Generations |
| title_short | The Legal Relationship between Present and Future Generations |
| title_sort | legal relationship between present and future generations |
| topic | Open Access intergenerational equity future generations intertemporal law rights of future generations international environmental law climate change sustainable development climate litigation distributive justice thema EDItEUR::L Law::LB International law::LBB Public international law thema EDItEUR::L Law::LB International law::LBB Public international law::LBBP Public international law: environment |
| topic_facet | Open Access intergenerational equity future generations intertemporal law rights of future generations international environmental law climate change sustainable development climate litigation distributive justice thema EDItEUR::L Law::LB International law::LBB Public international law thema EDItEUR::L Law::LB International law::LBB Public international law::LBBP Public international law: environment |
| url | ONIX_20251128T131701_9783032033451_56 |
| work_keys_str_mv | AT bustamiammar thelegalrelationshipbetweenpresentandfuturegenerations AT bustamiammar legalrelationshipbetweenpresentandfuturegenerations |