CLIMATE CHANGE AND ITS RELATIONSHIP WITH FUTURE GENERATIONS AS SUBJECTS OF LAW

被引:0
|
作者
Santacoloma-Mendez, Laura Juliana [1 ]
机构
[1] Univ Nacl Colombia, Bogota, Colombia
来源
ELEUTHERA | 2015年 / 13卷
关键词
future generations rights; intergenerational solidarity; sustainable development; climate change;
D O I
10.17151/eleu.2015.13.2
中图分类号
C916 [社会工作、社会管理、社会规划];
学科分类号
1204 ;
摘要
Objective. to analyze the degree of commitment of the present society (citizenship) in relation with the humanity to come, especially in regards to the consequences of climate change, from a legal perspective and in the context of the implementation of the sustainable development paradigm. Methodology. This research was conducted from secondary sources of information being inductive analysis from a philosophical legal view the main epistemological construction tool. Results. Based on the incorporation of the principle of sustainable development in the internal regulations of the States, the future society is as important as the present society, reason why a fair legal framework can be established to ensure the satisfaction of needs especially on the urgent call to address the causes and consequences of climate change, given its intra and inter-generational impact. Conclusions. Right is challenged by injustice that hangs over future generations since, given their current absence, are not considered as eligible by the classic civil Law as liable to hold rights. However, there are policy examples to conclude that it is possible that other entities, different from the present humanity, are recognized as legal subjects such as nature and animals are. This challenges the Western legal traditionalism and involves changes of paradigms in the legal systems.
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页码:11 / 29
页数:19
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