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Collins on Intergenerational Equity & Global Environmental Governance

By Lawrence Solum

Lynda Margaret Collins (University of Ottawa) has posted Revisiting the Doctrine of Intergenerational Equity in Global Environmental Governance (The Dalhousie Law Journal, Forthcoming) on SSRN. Here is the abstract:

In the absence of binding international enforcement mechanisms, global environmental governance must rely on a legal framework that has widespread normative force around the world. In addition, such a framework should be sufficiently detailed and pragmatic to allow for effective implementation, should achieve the goal of environmental protection, and should be reasonable in terms of the level of sacrifice expected of the present generation, particularly in the developing world. This Article argues that the comprehensive doctrine of intergenerational equity is an effective and appropriate legal framework for global environmental governance. The doctrine of intergenerational equity posits the present generation of humans as simultaneously beneficiaries of the planetary legacy handed down from past generations, and trustees of that legacy for the future. The doctrine integrates the language of rights and responsibility, and incorporates viable implementation mechanisms. As a result, the doctrine of intergenerational equity is superior to the presently hegemonic paradigm of sustainable development. I conclude that the international community should adopt the doctrine of intergenerational equity as a framework for global environmental governance.

Full post as published by Legal Theory Blog on August 30, 2010 (boomark / email).