INTERNATIONAL COURT OF JUSTICE

In the request for an advisory opinion in respect of State obligations on climate change, the questions posed to the Court ask for clarification of the obligations of States to future generations, and the legal consequences of the breach of such obligations.1 This submission asserts that the obligations of States in relation to climate change run to both present and future generations and that the. [...] The subsequent paragraphs lay out how the rights of future generations and the principle of intergenerational equity are rooted in multiple sources of international law spanning almost a century; thereafter establishing that the rights of future generations apply in the context of climate change; and finally arguing that the principles of prevention and precaution apply with particular force in th. [...] One compelling example of such constitutional protection can be found in article 40 of the Constitution of Fiji, which notes that “every person has the right to a clean and healthy environment, which includes the right to have the natural world protected for the benefit of present and future generations through legislative and other measures.”45 Often, the constitutional protection of the rights o. [...] The principle, affirmed at article 3.1 of the UNFCCC, and then reiterated in the preamble of the Paris Agreement, states that the parties should protect the global climate system for the benefit of present and future generations.47 Since the adoption of these agreements, 33 decisions adopted by their Parties by consensus have referred explicitly to intergenerational equity and the need to protect. [...] 1603 (stating “The children of today and of the future will bear both the more extreme effects of climate change and the burden of adaptation and mitigation in the second half of this century.