Response to a call for papers for the Office of the United Nations High Commissioner for Human Rights

Emilie Gaillard, along with Lolita Couchene and Altynaï Bidaubayle, two of her students from the Future Generations and Legal Transitions Master’s degree, responded to the call for papers on “Strengthening climate change legislation, supporting climate change litigation and promoting the principle of intergenerational justice”.

The aim of this call is to inform the Special Rapporteur on the promotion and protection of human rights in the context of climate change for a report to be presented to the UN General Assembly in October 2023 on strengthening climate change legislation, supporting climate change litigation and promoting the principle of intergenerational justice.

All three responded to the specific part of the call concerning intergenerational justice, based on the work of Emilie Gaillard. They criticize the term “intergenerational”, preferring instead the term “transgenerational”. Once the latter has been defined in the context of human rights and climate change, they look back at some striking examples of how transgenerational justice, as it applies to climate change and human rights, has been incorporated into international law, national constitutions and domestic law. This concept can also be found in climate change litigation. We then look at ways of incorporating transgenerational justice into international and national law. Finally, the issue of representing youth and their interests is addressed, providing an opportunity to distinguish between the rights of youth and the rights of future generations.

All submissions are accessible on the Special Rapporteur’s homepage on the website of the Office of the High Commissioner for Human Rights.

This project is part of the Chair’s work in environmental scientific diplomacy, with the subjects of its expertise becoming central to international discussions. This dynamic should be amplified by the 2024 Summit of the Future and the forthcoming publication of the ICJ advisory opinion clarifying the obligations of States towards current and future generations under treaties they have signed.

AUTHORS

• Emilie GAILLARD, senior lecturer in private law at Sciences Po Rennes, scientific director and general coordinator of the CNRS Normandie Chair of Excellence for Peace.
• Lolita COUCHENE, Student in the Future Generations and Legal Transitions master’s degree program, SciencesPo Rennes, Caen campus.
• Altynaï BIDAUBAYLE, Student in the Future Generations and Legal Transitions master’s program, SciencesPo Rennes, Caen campus.