Published online by Cambridge University Press: 11 October 2025
Building on the problems identified in Chapter 4, Chapter 5 presents a new theory and practice of environmental rights which it argues would better protect the rights of future generations. First, it outlines a theory of intergenerational responsibility for international human rights law, drawing on Edith Brown Weiss’s theory of intergenerational equity. The chapter takes the tripartite duties commonly used in international human rights laws (the duties to respect, protect and fulfil human rights) and gives them new meaning through the application of an intergenerational lens. The result is a typology of duties for states which can be used to articulate expectations and standards with respect to the rights of future generations. The chapter also outlines changes which are needed to the rules of standing and causation to enable the litigation of future generations’ environmental rights. The proposed changes are informed by existing principles of environmental law, including due diligence and the precautionary principle, which help to navigate questions regarding risk and uncertainty and enable a more meaningful application of human rights law to threats of future harm.
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