INTERGENERATIONAL JUSTICE Review Index of Contents
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Unit price 10 Euro Foundation for the Rights of Future Generations Issue 3/2005 (3rd English Edition) ISSN 1617 - 1799 INTERGENERATIONAL JUSTICE Review Index of Contents Commission for Future Generations in the Knesset – Lessons Special: Documentation of FRFG Event Learnt by Prof. Shlomo Shoham and Nira Lamay 35 nd th Young Leaders Congress, 22 - 26 June, 2005 in Berlin: The Committee for the Future - Future policy „Ecological Generational Justice into the Constitution?“ 4 by Dr. Paula Tiihonen 36 Topic: Institutionalisation of Intergenerational Book Recommendations and Reviews 38 Justice Responsibility for Future Generations: Scope and Limits by Prof. Dr. Dieter Birnbacher 22 Internal matters 40 John Rawls on Rights of Future Generations by Prof. Dr. Claus Dierksmeier 23 Intergenerational Justice Impressum by Ass. Prof. Emmanuel Agius 24 Publisher: Foundation for the Rights of Future Generations Justice Between Generations: Limits of Procedural Justice (Stiftung für die Rechte zukünftiger Generationen) by Prof. Michael Wallack 25 Editors-in-Chief: Jörg Tremmel, Yanti Ehrentraut, Frauke Austermann Principles of Generational Justice Editorial staff: Tobias Kemnitzer, Thomas Wiechers by Prof. Dr. Christoph Lumer 26 Layout: Katarzyna Opielka, E-mail: [email protected] Ockershäuser Allee 5, 35037 Marburg, Tel/Fax: 06421 97 22 76 The Impossibility of Intergenerational Justice Concept and Implementation: Jörg Tremmel by Prof. Dr. Wilfred Beckerman 27 Print: Druckhaus Marburg, Im Rudert 13, 35043 Marburg Printed on chlorine-free bleached paper. Towards a Pragmatic Approach to Intergenerational Justice in Postal address of Publisher Germany Foundation for the Rights of Future Generations, by Dr. Johannes Meier and Dr. Ole Wintermann 27 (Stiftung für die Rechte zukünftiger Generationen) Postfach 5115, A Constitutional Law for Future Generations - The “other” Form 61422 Oberursel of the Social Contract: The Generation Contract Germany by Prof. Dr. Dr. h.c. mult. Peter Häberle 28 Tel.: +49(0)6171-982367 Fax.: +49(0)6171-952566 The French Constitutional Charter for the Environment: An E-Mail: [email protected], Effective Instrument? Online: www.srzg.de by Prof. Dominique Bourg 29 The Journal Intergenerational Justice Review is issued three times Establishment of the Rights of Future Generations in National per year in German and one time in English. It aims at encourag- Constitutions ing the consciousness of our responsibility for future generations. by Dr. Jörg Tremmel 30 In addition, it informs on relevant developments around Intergenerational Justice and Sustainability. Moreover, it reports Rule Change and Intergenerational Justice on the work of the Foundation for the Rights of Future by Dr. Axel Gosseries 31 Generations (FRFG) as well as on projects that deal with Intergenerational Justice of other organisations, particularly Institutional Determinants of Public Debt: A Political Economy youth organisations. Perspective by Prof. Dr. Robert K. von Weizsäcker and Dr. Bernd Süssmuth 32 The annual subscription costs 25 Euro and has to be paid in advance. The cancellation period is three months until the end if The Economic Sustainability Indicator the year. For subscription, see last page. Membership dues of by Dr. Peer Ederer, Dr. Philipp Schuller, and Stephan Willms 33 members of FRFG include the subscription fee. Institutional Protection of Succeeding Generations – Published contributions do not necessarily reflect opinions of Ombudsman for Future Generations in Hungary by Dr. Benedek Jávor 34 members or organs of FRFG. Citations from articles are permit- ted upon accurate quotation and submission of one sample of The Role of CPB in Dutch Economic Policy Making the incorporated citation. All other rights are reserved. by Rocus van Opstal and Jacqueline Timmerhuis 34 Sponsored by the German Federal Environmental Foundation. INTERGENERATIONAL JUSTICE Review 3/2005 2 Editorial tional anchorage is needed. This is the demand of Prof Dr. Dr. Dear reader, h.c. mult. Peter Häberle, who is director of the Bayreuth Institute for European Law and Law Culture. Häberle's demand would In this third English issue of Intergenerational Justice Review imply a drastic rule change. The article of Dr. Jörg Tremmel from (IJR), we present to you an elaborate documentation of the the Foundation for the Rights of Future Generations justifies the "Young Leaders Congress - Ecological Generational Justice into need to institutionalise Intergenerational Justice. Focussing on the Constitution?". This highly successful event took place in changes of constitutions, it deals with Beckerman´s argument Berlin, Germany, from 22nd to 26th June 2005. Almost fifty par- that future generations cannot have rights. Prof. Dominique ticipants from all over Europe and beyond took part in the Bourg elaborates further on the constitutional anchorage of Congress, and discussed together with twenty international Sustainability by evaluating the effects of the French experts on environmental policy, law and economy persistent Constitutional Environment Charter. The entailed impact on cur- problems, developments and solutions. The unique spirit of the rent and future generations, namely transition losses, are dis- Young Leaders Congress can probably best be reflected by some cussed by Dr. Axel Gosseries, permanent research fellow at the lines of the final declaration which was formulated by all partici- Fonds National de la Recherche Scientifique in Belgium and for pants: the Chaire Hoover d'éthique économique et sociale at the University of Louvain. Having introduced a 'morality test', he "One vision shared by the youth of Europe is that of applies his theoretical framework to three exemplary rule changes. Sustainability and Intergenerational Justice throughout the world. To continue with practical problems that hint at the desperate We came together to seek solutions for one of the paramount need for institutionalising Generational Justice, Prof. Dr. Robert problems of our time: political short-termism. …We agreed to K. von Weizsäcker and Dr. Bernd Süssmuth, both teaching at the form a network to further pursue these goals. We want to put Faculty of Economics of the Technical University of Munich, Intergenerational Justice and Sustainability on the political agen- outline the gravity of public debt for Germany and other states. da. Being young people from different countries, we will start ini- Especially the short-sightedness of politicians who prefer being tiatives to overcome the problem of political short-termism." re-elected rather than tackling fundamental issues constitutes an obstacle in solving long term problems. In order to raise the pub- As a preparation, the participants were provided with a reader lic's awareness concerning this lack, Dr. Peer Ederer, Dr. Philipp consisting of articles written by distinct experts of the topic, Schuller, and Stephan Willms, founders of the think tank among them speakers of the Congress. In this issue, we also 'Deutschland Denken!', developed the 'Economic Sustainability include these essential viewpoints. The complete versions of Indicator'. Another possibility to institutionalise generational jus- these papers will be published in an upcoming "Handbook tice is the establishment of an ombudsman for future generations. Intergenerational Justice". For the IJR issue at hand, we provide Dr. Benedek Jávor, Assistant Professor of Environmental you with precise and concise summaries of the papers. Sciences at the Department of Environmental Law at Pazmany As a starting point, Prof. Dr. Dieter Birnbacher, teaching at Peter Catholic University, Budapest, describes how this was initi- Heinrich Heine University in Düsseldorf, Germany, approaches ated by the Hungarian NGO 'Protect the Future!'. Having dealt the topic by analysing the ethical appropriateness of actual proce- with two non-governmental initiatives, the article by Rocus van dures to institutionalise generational justice. He reveals daily com- Opstal and Jacqueline Timmerhuis from the Netherlands Bureau placency to be a special hindrance within the attempt to take for Economic Policy Analysis (CPB) introduces how a rather responsibility for future generations. Tying up to the ethical aspect independent governmental institution can trigger more long term Prof. Dr. Claus Dierksmeier, who teaches Philosophy at Stonehill- thinking. Another successful governmental institution is the College in Easton/Boston, USA, pleads for a moral-based, meta- Commission for Future Generations of the Knesset, the Israeli physical explanation. In his article he criticises John Rawls's rather Parliament. Shlomo Shoham, Professor at the Faculty of Law of rational theoretical approach in his work "A Theory of Justice". Tel Aviv University, and Nira Lamay, Deputy Commissioner for Prof. Emmanuel Agius from the University of Malta sets a frame- the Knesset Commission for Future Generations, evaluate this work of ethical principles that should be taken as a guide when young and worldwide unique establishment. Finally, Dr. Paula realising intergenerational justice. Moreover, he also takes John Tiihonen discusses origins, history and main tasks of Finland's Rawls into account, especially his 'just saving principles'. Michael Committee for the Future and evaluates its work. Wallack, Associate Professor of Political Sciences at Memorial Beyond this, we inform you about current activities of the FRFG University of Newfoundland, broadens the critique on Rawls and and YOIS and further important literature to the topic.