Litigating for the Future: Rights-based Argumentation in Future Generations Climate Litigation

Abstract: Litigating for Future Generations: Rights-based Argumentation for Future Generations in Climate Litigation
In an attempt to counteract democratic myopia and the impending consequences of climate change, future generations have increasingly featured in global climate litigation. This paper examines how such litigation engages with this future-oriented discourse, with a focus on rights-based argumentation, notably the public trust doctrine and environmental rights. The study finds that judicial receptivity of such claims varies, while obscurity around the definition of future generations persists.