ABSTRACT

This chapter supports the extension of human rights to include the community of humankind and even the community of life that supports it. In general, references to future generations' rights can only be found in the preambular sections of environmental law instruments. The concept of ecojustice the author proposes is intended to join intergenerational and intragenerational justice, and includes the first generation, that is, the generation that is coming into being and hence is immediately present and fully possessed of rights that we must respect. The major work on intergenerational justice and the law is that of Edith Brown-Weiss. The positivist doctrine is one of the three traditions of human justice, where each country's "sovereign" expresses his will through the law, which therefore has an indisputable binding force, and the natural law theory, which views justice as an a priori rational principle. The argument in favor of rationality as foundational to justice can be found in Kantian doctrine.