This article explores whether and to what extent international law is currently well equipped to safeguard the aspirations, needs, interests, and rights of future generations (FGs). Using the recently adopted Pact for the Future and its annexed Declaration on Future Generations as a reference point, the present contribution critically examines the adequacy and shortcomings of existing international legal frameworks in addressing intergenerational concerns. Beginning with foundational principles such as sustainable development and intergenerational justice, the analysis extends into the realm of soft law and normative developments within international discourse. Special attention is given to the content and structure of both the Pact and the Declaration, with a particular focus on their (in)adequacy in providing effective and enforceable protections for FGs. While acknowledging these shortcomings, the article seeks to foster a constructive and forward-looking dialogue. It examines emerging developments in the practice of both courts and international organizations, that signal potential for strengthening the legal recognition of future generations. Beyond critique, the piece identifies evolving trends that may lead to a more inclusive and futureoriented international legal order, contributing to ongoing efforts to embed long-term thinking into global legal frameworks and to promote a stronger commitment to the rights of those yet to come.
Soft Commitments for Hard Problems: The (Unfinished) Quest for Intergenerational Justice and the Normative Struggle to Protect the Rights of Future Generations / V. Botticelli. - In: QUADERNI DI SIDIBLOG. - ISSN 2465-0927. - 11:(2024), pp. 94-122.
Soft Commitments for Hard Problems: The (Unfinished) Quest for Intergenerational Justice and the Normative Struggle to Protect the Rights of Future Generations
V. Botticelli
2024
Abstract
This article explores whether and to what extent international law is currently well equipped to safeguard the aspirations, needs, interests, and rights of future generations (FGs). Using the recently adopted Pact for the Future and its annexed Declaration on Future Generations as a reference point, the present contribution critically examines the adequacy and shortcomings of existing international legal frameworks in addressing intergenerational concerns. Beginning with foundational principles such as sustainable development and intergenerational justice, the analysis extends into the realm of soft law and normative developments within international discourse. Special attention is given to the content and structure of both the Pact and the Declaration, with a particular focus on their (in)adequacy in providing effective and enforceable protections for FGs. While acknowledging these shortcomings, the article seeks to foster a constructive and forward-looking dialogue. It examines emerging developments in the practice of both courts and international organizations, that signal potential for strengthening the legal recognition of future generations. Beyond critique, the piece identifies evolving trends that may lead to a more inclusive and futureoriented international legal order, contributing to ongoing efforts to embed long-term thinking into global legal frameworks and to promote a stronger commitment to the rights of those yet to come.| File | Dimensione | Formato | |
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