Justicia intergeneracional, Derecho y Litigio Climático

Identifier:  TDX:3232

Handle: https://hdl.handle.net/20.500.11797/TDX3232

Authors:  De Armenteras Cabot, Marcos

Abstract:
Climate change threatens the fundamental rights protection in the medium and long term. The inherent intergenerational problems caused by climate change have not yet received an effective response from the political system and the concentration of greenhouse gas emissions continues to increase every year. Political short-termism and the difficulties in developing environmental and climate policies with a global and intergenerational perspective have postponed the necessary actions to carry out an orderly and fair reduction of emissions. Against this backdrop, intergenerational problems have not only become eminently political problems, but also legal ones. Thus, despite the fact that in recent decades different alternatives for protecting the interests of future generations have been put forward from the political and legal sphere, intergenerational justice has currently played a more relevant role in law through climate litigation. In this sense, this paper studies intergenerational justice from the legal system, both from the study of positive law, as well as in its application before the courts in environmental litigation and, especially, in climate litigation