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Intergenerational Preparedness: Climate Change, Community Interest Obligations, and the Environmental Rule of Law

Minnerop, Petra

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Abstract

This article argues that the protection of ‘community interests’ in international law includes intertemporal obligations of States, in cases where it is scientifically foreseeable that (fully) maintaining the ‘status quo’ of a protected community interest is increasingly unlikely. The argument is developed for climate change as a ‘common concern of humankind’ and based on the premise that even if a temperature limitation of 1.5. Degree Celsius would be achieved towards the end of this century, future generations will nevertheless live in a world that has fundamentally changed due to current policy and law choices. The article introduces the new concept of ‘intergenerational preparedness’ to operationalise and expand the normative scope of the principle of intergenerational equity. While some argumentative structures will be examined where intergenerational preparedness can be given effect through interpretation, the expectation that States must adopt preparatory measures to account for their community interest obligations deserves a more explicit recognition. It is a matter of the (environmental) rule of law to protect community interests on a time continuum, and this encompasses measures to prevent the deterioration of protected interests and to prepare communities for foreseeable detrimental changes.

Citation

Minnerop, P. (2023). Intergenerational Preparedness: Climate Change, Community Interest Obligations, and the Environmental Rule of Law. Global Policy, https://doi.org/10.1111/1758-5899.13219

Journal Article Type Article
Acceptance Date Apr 18, 2023
Online Publication Date Sep 20, 2023
Publication Date Sep 20, 2023
Deposit Date Apr 14, 2023
Publicly Available Date Sep 29, 2023
Journal Global Policy
Print ISSN 1758-5880
Electronic ISSN 1758-5899
Publisher Durham University
Peer Reviewed Peer Reviewed
DOI https://doi.org/10.1111/1758-5899.13219
Public URL https://durham-repository.worktribe.com/output/1176046

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Published Journal Article (Advance Online Version) (390 Kb)
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Licence
http://creativecommons.org/licenses/by-nc-nd/4.0/

Publisher Licence URL
http://creativecommons.org/licenses/by-nc-nd/4.0/

Copyright Statement
This is an open access article under the terms of the Creative Commons Attribution-NonCommercial-NoDerivs License, which permits use and distribution in any medium, provided the original work is properly cited, the use is non-commercial and no modifications or adaptations are made.






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