Legislating For Future Generations: Goal Regulation

Archiv Für Rechts- Und Sozialphilosphie 102 (1):2-21 (2016)
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Abstract

This paper discusses different ways of formulating regulation that takes into account a responsibility towards future generations in environmental issues. A rights-based or human-rights based approach, based on notions of intergenerational equity, can be problematic on a conceptual level, and implementation of rights for future generations is challenging. An alternative approach is based on the assignment of duties to present generations rather than rights of future generations. This approach, which is often used in regulation concerning sustainability, uses goal regulation to avoid conceptual problems with rights of future generations while it still provides the opportunity to safeguard their interests and needs.

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