Climate Justice for future generations

Source: The post Climate Justice for future generations has been created, based on the article “Rights of future generations must guide climate debate” published in “The Hindu” on 17th September is 2024

UPSC Syllabus Topic: GS Paper 3 – Environment – Climate Change

Context: The article discusses the upcoming 2024 UN Summit, focusing on future generations’ rights, climate justice, and the need to protect the planet. It highlights legal debates on responsibilities towards future generations and calls for sustainable, equitable global actions.

For detailed information on Climate Justice read this article here

What is the Summit of the Future?

1. The Summit of the Future is scheduled for September 22-23, 2024, at the United Nations in New York.
2. It aims to find ways to solve global problems like conflict, climate change, pandemics, pollution, income inequality, and discrimination.
3. The main theme is protecting the rights of future generations to a safe and secure world.

What Are the Legal Debates Around Future Generations’ Rights?

1. Stephen Humphreys’ Argument: He argues that the focus on future generations is unclear and diverts attention from immediate obligations toward present generations. He believes governments prioritize current generations, sometimes following environmentally harmful paths to ensure higher living standards.
2. Wewerinke-Singh’s Counter: She and her co-authors argue that future generations’ rights have the potential to reshape international law, based on justice and solidarity. They refer to the wisdom of indigenous groups, where responsibility toward future generations is considered a sacred duty, extending four to seven generations ahead.
3. Maastricht Principles: These principles emphasize that human rights apply to all generations, without time limits. They link sustainable development and climate justice to the rights of future generations, stating that these rights must consider our dependence on and responsibility to the Earth.

How Have Courts Addressed Environmental and Future Generations’ Rights?

1. Courts in various countries have recognized the importance of protecting the environment for future generations.
2. Colombia’s court ordered the government to create an “intergenerational pact” to safeguard the Amazon.
3. The Supreme Court of Pakistan banned cement plants in fragile zones, emphasizing the need for climate justice to protect future generations.
4. India’s National Green Tribunal upheld intergenerational equity in environmental protection.
5. Kenya’s High Court mandated the preservation of natural resources for future generations.
6. South Africa’s High Court stressed considering long-term pollution impacts on future generations.

Why is Earth’s ‘Overshoot Day’ Important?

1. Earth’s ‘Overshoot Day’ marks when humanity’s resource consumption exceeds Earth’s ability to renew them in a year.
2. In 1970, Overshoot Day was on December 30; by 2024, it had moved to August 1, showing a concerning trend.
3. This shift highlights overuse of natural resources, risking future generations’ ability to live sustainably.
4. Eight out of nine planetary boundaries needed for Earth’s survival have already been breached.
5. If this continues, future generations may inherit a planet unable to support life, reinforcing the need for urgent global action to protect Earth’s resources.

Question for practice:

Discuss the legal debates around the rights of future generations and how courts have addressed environmental protection in this context.