Chapter 4 involves a focus on the legitimacy and effectiveness of proxy-style institutions for future generations. It sets out criteria for assessing the legitimacy of such institutions based on Klaus Dingwerth, Sylvia Karlsson-Vinkhuyzen, and Antto Vihma. Criteria for assessing the legitimacy of international tribunals are developed based on an extension of Bogdandy and Venzke’s work with the idea of accountability to the demos being extended to include future generations. A concept of ‘future legitimacy’ is introduced which involves assessing institutions in operation now from the perspective of future generations when climate change is predicted to be ravaging the planet. Criteria for effectiveness are elaborated involving the Paris Agreement goals, as well as an assessment of the promotion of intergenerational justice and the values of inclusiveness, solidarity and addressing vulnerability. Particular challenges in application of these criteria in the context of international law and related institutions which represent future generations are discussed.

Chapter 8 makes a preliminary assessment of the likely effectiveness of the proposed UN special envoy for future generations by examining this proposal through the lens of three frameworks. These frameworks are, firstly, the rationale or normative basis for such a proposal measured against the principles of intergenerational justice, solidarity and vulnerability set out in Chapter 3 of the book. Next, the special envoy proposal is evaluated in terms of its legitimacy and effectiveness using the criteria elaborated in Chapter 5 (inclusive representation, democratic control in the form of accountability and transparency, deliberation, source-based/input legitimacy in terms of expertise, legal legitimacy, tradition and discourse, substantial/output legitimacy in terms of effectiveness and equity). The possible functions of a special envoy are examined and recommendations are made as to what mandate the special envoy should have, applying the matrix of proxy functions elaborated earlier in this book, which involves breaking proxy representation down into its functions (representative, compliance, reform and norm entrepreneurial). Finally, an overarching framework is proposed for measuring the potential effectiveness of the special envoy which incorporates both frameworks – proxy representation functions and democratic legitimacy.

The Introduction sets out the research question of the book viz: the question of whether future generations ought to be represented in the global legal order and institutions to address the climate change challenge and, assuming a positive answer to this, how best such representation should occur. The massive bias against the interests of future generations in current climate law and policy-making is demonstrated. This provides a powerful rationale as to why there is an urgent need to explore proxy-style mechanisms to represent future generations. The pragmatist methodology (in the tradition of John Dewey) of the book is explained. This involves analysing existing practices, and values which are incorporated into these values, and extending them to deal with new problems. The legal realism methodology of the book is also explained, including its application to the sources of international law. The strong links between the book and Earth System Governance scholarship are set out; finally, the structure of the book is explained.