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a balanced and healthful ecology that is constitutionally guaranteed for present and
future generations.298
Climate science has established with certainty that the impacts of climate change are
long-term and widespread, and that GHGs persist in the atmosphere for centuries–
thus denying future generations of their “right to inherit the same diversity in
natural and cultural resources enjoyed by previous generations and to equitable
access to the use and benefits of these resources.”299 This has been recognized by the
UN General Assembly as early as 1988, when it expressed its concern “that certain
human activities could change global climate patterns, threatening present and
future generations with potentially severe economic and social consequences.”300
Climate change goes against the principle of intergenerational equity as it unfairly
shifts burdens onto future generations.301 It “is an inherently intergenerational
problem with extremely serious implications for equity between ourselves and
future generations and among communities in the present and the future.”302
Former United Nations Secretary-General Ban Ki-Moon noted in his report on
intergenerational solidarity that “fairness between generations is embedded in the
concept of sustainable development.”303 Even the religious sector has recognized
the concept of intergenerational equity. In his encyclical, Laudato Si’, Pope Francis
makes various references to “justice between generations.” He instructs that:
The notion of the common good also extends to future generations.
The global economic crises have made painfully obvious the
detrimental effects of disregarding our common destiny, which
cannot exclude those who come after us. We can no longer
speak of sustainable development apart from intergenerational
solidarity. Once we start to think about the kind of world we
are leaving to future generations, we look at things differently;
we realize that the world is a gift which we have freely received
298
Oposa v. Factoran, Jr., G.R. No. 101083, 224 SCRA 792 (1993).
299
J. K. Summers & L. M. Smith, The Role of Social and Intergenerational Equity in Making Changes
in Human Well-Being Sustainable, 43 Ambio 718 (2014), doi:10.1007/s13280-013-0483-6.
300
United Nations General Assembly, Protection of Global Climate for Present and Future Generations
of Mankind, A/RES/43/53 (Dec. 6, 1988).
301
IPCC, AR5 WGII, supra note 159, at 926.
302
Edith Brown Weiss, Climate Change, Intergenerational Equity, and International Law, 9 Vt. J.
Envtl. L. 615 (2008).
303
Ban Ki-moon, United Nations General Assembly, Intergenerational Solidarity and the Needs of
Future Generations: Report of the Secretary-General, A/68/322 (Aug. 15, 2013), para. 10.
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