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4 - The Problem

Published online by Cambridge University Press:  11 October 2025

Bridget Lewis
Affiliation:
Queensland University of Technology
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Summary

Chapter 4 unpacks the reasons why international human rights is currently incapable of adequately protecting the environmental rights of future generations. It begins by explaining that future generations are not legally recognised as people who possess human rights and governments are not obliged to protect them. Even if those rights were recognised, there are no clear pathways for enforcing them. As the chapter explains, international human rights violations can be litigated by ‘victims’, who are people directly affected by an actual or imminent violation. The law does not allow for legal claims on behalf of people who do not yet exist or for harms that have not yet occurred or are not imminent, even though they may be foreseeable. Without standing to bring a legal action, the rights of future generations cannot be litigated and enforced within international human rights bodies. Additional challenges exist in relation to proving a breach of the law and establishing a causal connection when the alleged harm has yet to occur. Finally, the chapter explains the difficult task of balancing competing human rights interests and obligations across generations. After outlining these numerous challenges, the following chapter will offer a possible way forward.

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  • The Problem
  • Bridget Lewis, Queensland University of Technology
  • Book: Environmental Rights for Future Generations
  • Online publication: 11 October 2025
  • Chapter DOI: https://doi.org/10.1017/9781009574174.006
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  • The Problem
  • Bridget Lewis, Queensland University of Technology
  • Book: Environmental Rights for Future Generations
  • Online publication: 11 October 2025
  • Chapter DOI: https://doi.org/10.1017/9781009574174.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Problem
  • Bridget Lewis, Queensland University of Technology
  • Book: Environmental Rights for Future Generations
  • Online publication: 11 October 2025
  • Chapter DOI: https://doi.org/10.1017/9781009574174.006
Available formats
×