Intergenerational ISSN 2190-6335 Justice Review Volume 10 · Issue 1/2010 10 · Issue Volume Foundation for the Rights of Future Generations Issue Topic: Ways to Legally Implement Intergenerational Justice Table of Contents Issue topic: Ways to Legally Implement French Constitutional Law and Future Generations – Intergenerational Justice Towards the implementation of transgenerational principles? 39 by Dr. Emilie Gaillard Sebileau Editorial 2 Ways to legally implement intergenerational justice in Portugal 41 How to Protect Future Generations’ by Prof. Dr. Francisco Pereira Coutinho Rights in European Governance 3 By Dr. Maja Göpel and Malte Arhelger Post Conference Conclusions – Some thoughts on the legal nature of future generations: Crimes against Future Generations: Implementing the recognition of an ante natalem protection? 42 Intergenerational Justice through International Criminal Law 10 by Marisa dos Reis by Sébastien Jodoin The Parliamentary Commissioner for Future Book Reviews 44 Generations of Hungary and his Impact 18 by Éva Tóth Ambrusné David Willetts (2010): The Pinch. Documentation – International Conference How the baby boomers took their children’s future – “Ways to Legally Implement Intergenerational Justice“ 24 and why they should give it back. 44 Lisbon, 27th and 28th of May, 2010 Dan Sylvain and Joerg Tremmel (eds.) (2010): Our Intergenerational Obligations 26 Générations Equitables. 49 by Prof. Dr. Axel Gosseries Tim Mulgan (2006): Future People – Intergenerational Justice – Scope and Limits 28 A Moderate Consequentialist Account of our by Prof. Dr. Dr. Jörg Tremmel Obligations to Future Generations. 51 Ontological debt and Intergenerational Justice – Richard P. Hiskes (2009): The Human Right to a The Case of Climate Change 30 Green Future – Environmental Rights and by Prof. Dr. Viriato Soromenho-Marques Intergenerational Justice. 54 CONFERENCE PAPERS Democracy and its Boundaries. Can there be such a thing as a bona fide intergenerational social contract? 31 Announcements and Interna by Prof. Dr. Armando Marques Guedes The Community Environmental Policy as a Upcoming Conference: What type of legal contribution to intergenerational justice 33 responsibility towards future generations, by Pedro Barbosa Poitiers/Versailles, 10-13. Dec. 2010 57 The European Convention on Human Rights and Call for Papers: Possibilites and Limits of Party the Right to a Healthy Environment 33 Cooperation in Democracies 58 by Abel de Campos Call for Papers: Intergenerational Justice Implementing intergenerational justice: and the Scourge of War 58 Children at the heart of policy making 35 by Lucy Stone New Editorial Staff 59 The Failure of Copenhagen and its consequences for International Relations 36 by Dr. Marisa Matias Imprint 59 The Role of State in the Protection of Future Generations 37 by Judge (ret.) Shlomo Shoham Become a supporter of FRFG! 60 The reviewers for this issue were as Prof. Dr. Andrew Dobson José Manuel Pureza of political science at Memorial Univer- follows (in alphabetical order): is professor of politics at Keele Univer- is associate professor of international sity of Newfoundland. sity at the School of Politics, Internatio- relations at the University of Coimbra, Prof. Tracy Bach nal Relations and the Environment Portugal. Prof. Dr. Burns H. Weston is professor of law at Vermont Law (SPIRE), and in the Research Institute is Bessie Dutton Murray Distinguished School and associate director of the Cli- for Law, Politics and Justice. Prof. Shlomo Giora Shoham Professor of Law Emeritus at the Uni- mate Legacy Initiative, a joint project of is a professor of law and an interdisci- versity of Iowa and director of the Cli- the Vermont Law School Environmen- Andreas Kraemer plinary lecturer at the Tel Aviv Univer- mate Legacy Initiative, a joint project of tal Law Center (VLS-ELC) and the is chairman of the Ecologic Institute in sity. the Vermont Law School Environmen- University of Iowa Center for Human Washington D.C. and visiting assistant tal Law Center (VLS-ELC) and the Rights (UICHR). professor at Duke University. Prof. Michael Wallack University of Iowa Center for Human is associate professor at the department Rights (UICHR). 2 Intergenerational Justice Review Volume 10 · Issue 1/2010 Editorial uture generations lack representation The second peer-reviewed article in this iss- Rights of Future Generations, by integrating in current day politics. Modern repre- sue is entitled “Crimes against Future Gene- the proceedings of a hugely successful inter- F sentative democracies are largely ori- rations: Implementing Intergenerational national conference. ‘Ways to Legally Imple- ented to the short term. Moreover, our Justice through International Criminal Law”. ment Intergenerational Justice’, held in adjunct legal frameworks are ill-equipped to In this piece, Sébastien Jodoin, a legal research Lisbon on the 27th and 28th of May, 2010 protect those who are disregarded by today’s fellow with the Centre for International Su- was envisioned by Marisa Q. dos Reis. She electorate. This has emerged historically as stainable Development Law, identifies rele- organised a wide-ranging and thought-pro- many European consitutions were originally vant aspects of the Rome Statute that can be voking two days in the beautiful setting of the conceived to protect those in the here-and- used to protect future generations through Foundation Calouste Gulbenkian in Lisbon, now. As such, it is imperative that we reflect the harm committed to present individuals as Portugal. As such, our issue includes summa- on the law and its relation to future people. members of groups. Ultimately, this innova- ries of the presentations made during this This poses particular difficulties at both a legal tion has a number of objectives, including de- event. Unfortunately, we cannot capture all and an institutional level. If law is understood marcating appropriate behaviour while also the energy and progressive suggestions that as person-affecting, that is: specifying rights deterring and punishing certain conduct. occurred but hopefully the conference mate- of particular people, it inevitably neglects the While many may feel that the objective here rial contained here will provide readers with a interests of the unborn. At the institutional is too large, the author points to the similar sense of the occasion and inspire a commit- level, our current bodies and decision-making assessment of the original Nuremberg Char- ment to future collaboration and research in processes already have inherent tendencies to- ter. Indeed his is a profoundly challenging this area. wards the recognition and protection of fu- proposal, one that would surely have drama- In this spirit, we would call upon all readers of ture people, for instance the European tic implications if implemented. As followers the journal to pay attention to the upcoming Convention on Human Rights has been in- of the recent Review of the Rome Statute in conference, ‘What type of legal responsibility terpreted progressively. Nevertheless, it requi- Kampala will have noticed, reform in inter- towards future generations?’, which is to take res innovative thinking to imagine alternative national criminal law is a slow process. Ne- place on December 10 and 13, 2010 in Poi- provisions that can complement today’s legal vertheless, Jodoin marks a clear way forward tiers and Guyancourt, France. Further infor- architecture but revolutionise our restricted for all future discussions on this possibility. mation can be found in the announcements thinking on this topic. This issue of IGJR at- Ms. Éva Tóth Ambrusné’s non peer-reviewed section of this issue. tempts to draw attention to these important article is an insightful review of the work of Finally, we would like to thank our reviewers legal matters with the work of a wide range the Parliamentary Commissioner for Future for their most helpful criticisms and advice in of professionals and academics who are wor- Generations of Hungary where she works as the preparation of this issue, which we hope king to address these questions. a legal advisor. The Hungarian Commissio- provides the basis for much further discussion There is an increasing number of institutions ner has been of much inspiration to activists and thinking on the legal implementation of and bodies established to protect the interests and scholars throughout the world as a po- intergenerational justice. of future generations. Furthermore, reference tential transferable model. As such, this des- to future generations is burgeoning in natio- cription of how this body came to be and an Jörg Tremmel, LSE nal constitutions and surpranational legal establishment of its workings is of much texts. Maja Göpel and Malte Arhelger’s arti- value. The central involvement of the civil so- cle sets out to reflect on this growing trend ciety organisation, Protect the Future, is re- and how it can inform the creation of a Eu- vealed and specific examples of the ropean level institution for the protection of Commissioner’s success in exercising his com- Marisa dos Reis, the rights of future generations. This, our first petencies are presented. Notably, the Com- FRFG article in this issue, uses set criteria and cha- missioner is shown to go beyond a narrow racteristics to ajudicate between existing types mandate of environmental protection to a of institution. As such, it evaluates, amongst wider concern with future generations. The Joseph Burke, others, the Israeli Commission for Future Ge- piece also goes into detail