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.
引用
收藏
页码:11 / 29
页数:19
相关论文
共 50 条
  • [31] Do global climate change and the interest of future generations have implications for democracy?
    Beckman, Ludvig
    ENVIRONMENTAL POLITICS, 2008, 17 (04) : 610 - 624
  • [32] Responsibility to future generations: A strategy for combatting climate change across political divides
    Syropoulos, Stylianos
    Law, Kyle Fiore
    Kraft-Todd, Gordon
    Mah, Andrea
    Markowitz, Ezra
    Young, Liane
    BRITISH JOURNAL OF SOCIAL PSYCHOLOGY, 2025, 64 (01)
  • [33] Our responsibility to future generations: The case for intergenerational approaches to the study of climate change
    Syropoulos, Stylianos
    Markowitz, Ezra
    JOURNAL OF ENVIRONMENTAL PSYCHOLOGY, 2023, 87
  • [34] Air Scholars program: A framework for empowering future generations to address climate change
    Garedew, Mahlet
    John, Jesse
    Alam, Alifa
    Buchfuhrer, Anthony
    Dasilva, Leah
    Hashem, Fatima
    Vestal, Kianni
    Jiggetts, Courtney
    Pace, Grant
    Kissane, Carolyn
    Luthria, Neva
    Bravo, Tatiana
    Baker, John
    Constantine, Gregory
    Sheehan, Stafford W.
    ISCIENCE, 2024, 27 (02)
  • [35] The representation of future generations in newspaper coverage of climate change: A study of the UK press
    Graham, Hilary
    de Bell, Sian
    CHILDREN & SOCIETY, 2021, 35 (04) : 465 - 480
  • [36] Future demographic change and its interactions with migration and climate change
    Hugo, Graeme
    GLOBAL ENVIRONMENTAL CHANGE-HUMAN AND POLICY DIMENSIONS, 2011, 21 : S21 - S33
  • [37] Transforming the Rule of Law in Environmental and Climate Litigation: Prohibiting the Arbitrary Treatment of Future Generations
    Sulyok, Katalin
    TRANSNATIONAL ENVIRONMENTAL LAW, 2024,
  • [38] Law, Practical Reason, and Future Generations
    Stephen Riley
    Jus Cogens, 2024, 6 (2): : 123 - 140
  • [39] Future generations and international law.
    Falk, RA
    AMERICAN JOURNAL OF INTERNATIONAL LAW, 1998, 92 (03) : 579 - 583
  • [40] It's All About Climate Change, Stupid! Exploring the Relationship Between Environmental Law and Climate Law
    Hilson, Chris
    JOURNAL OF ENVIRONMENTAL LAW, 2013, 25 (03) : 359 - 370