Walking a Tight Rope: The ICJ Advisory Opinion on Climate Change and Future Generations

The ICJ in addressing issues relating to future generations in its advisory opinion will be walking a tight rope: to maintain legitimacy the court needs to balance both intergenerational and intragenerational justice concerns. The paper elaborates a normative framework which justifies proxy representation of future generations, and links this to a concept of future legitimacy to capture the existential threat posed by climate change. On this basis, the court should: i) interpret the no harm rule in a particular way, ii) flesh out the principle of intergenerational equity, and iii) interpret liberally the court’s rules allowing the calling of expert witnesses. This approach will allow the balancing act required of the court.

Dr Peter Lawrence is an Adjunct Senior Lecturer at the University of Tasmania Law School and founding co-convener of the Climate Justice Network. Peter has written extensively in the field of international environmental law and is currently working with Professor Michael Reder of the Munich School of Philosophy on a book project: ‘Representation of future generations, climate change and the global legal order’ supported by a grant from the Germany-Australia research cooperation scheme.