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e-Pública: Revista Eletrónica de Direito Público

On-line version ISSN 2183-184X

Abstract

GAILLARD, Emilie. Crimes against future generations. e-Pública [online]. 2015, vol.2, n.2, pp.40-62. ISSN 2183-184X.

The proliferation of harmful incidents affecting humanity's future calls for increased effectiveness in international law. Events causing real or hypothetical harm, also trans-generational harm, constitute new realities which must be taken into account. These incidents are both complex and extremely serious. At present several possibilities are opening up to strengthen the process of recognising crimes against future generation. The environmental aspect of human rights, as well as the prevalence of social initiatives, will doubtless contribute to the support of this emerging process. Nevertheless it remains essential to weigh up the “pros and cons”. Other approaches are also possible such as: the defence of common global assets, reinforcing international law about catastrophic events or again invoking international law relating to future generations. One thing remains certain: international law is now entering a new era of deep and far-reaching transformation.

Keywords : Transgenerational Responsibility; Precautionary Principle; Citizen's Initiative for the Future; Legal Imperative of Anticipation of major risks.

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