Storytelling is essential in climate litigation. The narratives that are told in and around legal cases shape public discourse and our collective imagination regarding the climate crisis. The stories that plaintiffs and their lawyers choose to highlight hold immense power to either reinforce or challenge dominant assumptions and worldviews. This article analyzes how storytelling has been utilized in climate lawsuits, with a particular focus on those that involve future generations. It highlights the need to craft narratives that foreground entanglement and relationality rather than notions of competing interests. We offer recommendations for strategically using storytelling and framing techniques to build public engagement, spur equitable climate action and transform legal systems.

The “migration” of Future Generations from a moral to a judicial context represents a captivating development in contemporary legal discourse. Recent years have seen a surge in courts across various nations addressing the intersection of future generations and climate litigation. This nexus, far from being coincidental or sporadic, epitomizes a deeper societal and legal dilemma that necessitates a nuanced articulation for effective resolution. The main objective of this Article is to provide preliminary insights for contextualizing this legal evolution. Initially, the Article delineates the journey towards social legitimacy of climate science. Subsequently, it examines the impact of this social legitimation on judicial rulings, particularly observing an emerging trend in climate litigation to expand the temporal scope of legal relevance. The Article culminates in an exploration of the possible interplay between the legal significance of future generations and the extension of the law’s temporal horizon. This conjectural postulation is substantiated through select historical precedents.

States have long been understood to have an obligation to protect the international legal rights and interests of others, consistent with the maxim sic utere tuo ut alienum non laedas (use what is yours in such a manner as not to injure that of another). As the world's population becomes more interdependent, this no harm obligation becomes more significant. Further, as knowledge increases about the consequences of human activity for the climate and the environment, the no harm obligation takes on greater relevance vis-à-vis the interests of the Earth's future populations. Future generations’ legal interests have been recognized in the context of sustainable development and through the principle of intergenerational equity. The no harm rule requires that these interests be properly considered and addressed appropriately, commensurate with what is at stake. At a minimum, this may require avoidance of ‘manifestly excessive adverse impacts’.

Much of today’s academic scholarship of international cultural heritage law circles around cultural heritage’s protection for the benefit of future generations. Despite this, the efforts to systematically examine the concept in more detail are scarcer. This paper seeks to fill this gap by taking a closer look at the ways in which the notion of future generations features in the body of international cultural heritage law. This contribution firstly illustrates how central the idea of protecting cultural heritage for the benefit of future generations is in international cultural heritage law. Despite this centrality, evidenced by an extensive analysis of international and regional hard and soft law, national law, case law, and policy options, its precisely contours the second argument of this paper, is that they remain elusive. Finally, skepticism is voiced over the concept’s potential ambivalent use with respect to the protection of cultural heritage.

In response to the short-term political cycles that govern law-making, there is growing international attention to the obligations owed to future generations. Within the diverse approaches there is often a single, temporally defined inequality; that is, between now and a depleted future. While inequality is imagined between generations, these generations are often constructed as homogenous. This elides not just contemporary inequalities, but that these injustices are caused by historically rooted inequalities that current planetary threats are likely to deepen. In response, we centre health inequalities which illustrate the complex temporalities and structural causes of inequalities. We argue for a focus on eco-social and embodied generations to better understand – and respond to – inequalities past, present and future. We apply this focus to the Capabilities Approach as an example of the work needed to better articulate what is owed to present and future generations to secure justice and inform future-oriented law-making.

This article maps the shared legal anatomy of climate and environmental lawsuits, in which plaintiffs claim protection for future generations before domestic or international courts. By closely analyzing the litigation strategies of plaintiffs and the inquiry of courts, the article argues that these proceedings revolve around structurally similar legal standards across domestic and international jurisdictions, which correspond to five normative requirements flowing from the rule of law: namely, respect for human rights, certain quality of law requirements, prohibition of arbitrary exercise of governmental powers, non-discrimination, and access to justice. The cross-jurisdictional analysis shows that courts appear to be increasingly willing to protect future generations against arbitrary treatment by present-day decision makers. The article appraises whether such an intergenerationally sensitive reinterpretation of the rule of law could help to change the short-termist paradigm of environmental and climate law.

As the human right to a healthy environment is codified around the globe, some systems still lag behind. One noticeable straggler is the Council of Europe, which is currently undergoing its fourth attempt to recognize the right. This article examines the proposals tabled within this system in light of overarching debates about climate justice and environmental rights, before focusing specifically on the spatial and temporal limits of the European Convention on Human Rights (ECHR) and the institutional features of its Court. First, the article describes what the author sees as the current liminal moment in the development of human rights law, a time of transition in which established legal concepts can be questioned or reaffirmed. Second, it sketches recent proposals for locating and conceptualizing the right to a healthy environment within the Council of Europe. Evaluating different options, it makes the case for including this right in the ECHR. Third, the article discusses the right's potential to reshape the spatial and temporal limitations on legal subjectivity and Convention protections. These proposals come at a crucial time when the system's ability to protect human rights from environment-related impacts is being tested by climate litigation. The article understands these developments as interrelated and discusses whether current proposals could deliver on demands for climate justice by extending protection to future generations and for extraterritorial environmental impacts.

In response to the claim that democracies are inherently short-termist, this article argues for a new way to understand them as being committed to future generations. If taking turns among rulers and ruled is a normative idea inherent to the concept of democracy, then such turn-taking commits democrats to a fair turn with future generations.

As societies become more concerned with their impacts on future generations, the question of how to translate that concern into greater consideration in contemporary decision-making is coming to the fore. Despite growing societal acceptance of the ethics of obligations to the future – as reflected in record-high number of future-sensitive constitutions and international treaties – present generations’ promises to future generations remain unfulfilled. This article explains why and offers an alternative approach to future-proofing. After providing a systematic account of the multiple efforts at aligning the actions of decision-makers with the interests of future generations, it argues that achieving the inclusion of future generations’ interests in contemporary policymaking requires more than their legal codification and the establishment of new and typically scattered institutions, mechanisms and procedures. It rather calls for a more holistic, future-orientated and proactive approach by all public authorities. These must increasingly be expected to create the conditions not only for policymakers to consider the temporal dimension of their decisions, but also for all stakeholders – including new dedicated institutions – to hold present people accountable to currently non-existent future generations. To do so beyond the environment and climate space is a matter of urgency. This is the spirit animating this Special Issue devoted to long-term risks and future generations: to nurture a more imaginative theorisation and operationalisation of the recognition of future generations’ interests in contemporary policymaking beyond today’s institutional and conceptual models.

The European Climate Pact provides opportunities for individuals, communities and organisations to declare their commitment to climate action. This study analyses the publicly available web profiles of the European Climate Pact Ambassadors (PAs) as of January 2023. First, it explores the extent to which people who volunteer as PAs demonstrate commitment to young and future generations. Second, it investigates whether PAs who self-identify as young people are more likely than other PAs to justify their mandate by referring to the interests of young and future generations. Third, it examines whether PAs who self-identify as young people are more likely to indicate other young people as the target audience of their activities. The manual coding and quantitative analysis of the PAs’ web profiles revealed that members of older generations as well as parents and grandparents are most likely to rationalise their engagement in the programme by referring to young and future generations. The data also showed that young people do target other young people when they act as PAs, but they are not the only group to do so. When compared to individuals with other professional identities, educators are also more likely to flag young people as their target audience.

The policy drivers for preventing system risks – risks that threaten vital parts of society – represent an as-yet understudied subject. A fundamental characteristic of an effective prevention policy for system risks is long-term investment. This article presents evidence that long-term investment in prevention follows a cyclical rather than a stable pattern, which implies large costs to the welfare of future generations. This cycle is usually triggered by a shock that shifts the set of preventive policies that are acceptable to or even demanded by society. After a rapid rise in preventive investment, however, attention often wanes, and the downturn of the prevention cycle sets in. While policy shocks from crises and disasters are commonly studied, their policy legacies rarely have been. This article offers a theoretical framework for this “prevention cycle”, demonstrates its applicability in understanding policy investment in several system risks and offers suggestions for its fundamental causes.

This article traces the various legal incarnations of the intergenerational equity principle. Despite its silent proliferation in international and constitutional laws over the past five decades, the principle dwelled mostly at the margins of inquiry and practice. Recent efforts to counteract global warming have allowed intergenerational claims to gain new traction. Building on a comparison of ten climate-related lawsuits, I analyze the latest advances in the representation, conceptualization, and remediation of future generations’ interests. Against the backdrop of growing willingness to engage with intergenerational disputes, legal decision makers will need to confront two thorny challenges going forward. Firstly, evolving doctrines of extraterritoriality and legal subjecthood increasingly require the protective scope of the principle to extend to foreign citizens and non-human persons. Secondly, awareness of dispersed and interlocked long-term risks may trigger the application of intergenerational doctrines beyond a narrow environmental frame. Grappling with these challenges implicates larger reflections about the role of law in contriving our collective future.

Abstract: Many societies are now having to live with the impacts of climate change and are being confronted with heat waves, wildfires, droughts, and rising sea levels. Without radical action, future generations will inherit an even more degraded planet. This raises the question: How can political institutions be reformed to promote justice for future generations and to leave them an ecologically sustainable world? In this essay, I address a particular version of this question; namely: How can supra–state institutions and transnational political processes be transformed to realize climate justice for future generations? The essay seeks to make two contributions. First, it considers what criteria should guide the evaluation of proposals for reform. It proposes four criteria, and analyzes how they should be interpreted and applied. Second, it considers a raft of different proposals, commenting on their strengths and weaknesses. It presents ten proposals in all, including, among others, establishing a UN high commissioner for future generations, appointing a UN special envoy for future generations, creating a UN agency mandated to protect future generations, instituting representatives for the future in all key UN bodies, ensuring greater youth participation in transnational political decision-making processes, and further developing a global citizens’ assembly. In short, my aim is to outline some of the options available and to defend a normative framework that we can use to evaluate them.

At first blush, normative arguments justifying representation of future generations and nature appear to rest on contradictory values. This article argues, however, that there are strong synergies between these discourses. Arguments for institutions for future generations based on human rights are compared with justifications for proxy representation of nature based on ecological justice, Indigenous ecological justice and socio-ecological justice. Case studies involving the Welsh Commissioner for Future Generations, the Aotearoa New Zealand Parliamentary Commissioner for the Environment, and ascribing legal personality to rivers in Australia and Aotearoa New Zealand, are presented to demonstrate that representing future generations and nature reflect mutually supporting values. Building on these synergies is vital for reform efforts.