Intergenerational Equity and Climate Change

By James C. Wood

This article provides a comprehensive overview of how current human activity may have significant effect on the global climate, and in turn intergenerational equity. The philosophical basis for the article focuses on Rawlsian rigorous neutrality and the original notion of the social contract. From that basis, the article explores the various effects of climate change in the developed and developing nations and how the risk of catastrophic damage will be borne by those least able to absorb them. Adaptation assistance and risk reduction strategies are explored, as well as the difficulty of providing adequate representation for future stakeholders.

The climate system as a property resource is the focus of the second half of the article. The "tragedy of the commons" analysis provides a theoretical framework for the discussion of the economic principles that shape the climate change debate and the following cost-benefit analysis. International law does not address the climate system or international airspace specifically. They remain classified as shared resources under customary international law, which creates problems for allocating responsibility. Efforts are being made to incorporate the climate related regimes into international law in order to assure equity. The most prominent problems are negotiating a equitable regime and assuring compliance. The solution is seen in cooperative, self-sustaining joint regimes to accommodate slowly evolving standards for the global commons.