Future generations and international law

Abstract

Facing the challenges of the approaching new millenium, we have to devise ways of arousing and sustaining, among our contemporaries, their responsible interest in and towards future generations. It is not an easy task, since the debate on future generations is often embroiled in logistical and epistemological controversy, especially when the brunt of the discussion focuses on the rights of those of our species yet unborn. The questions posed are intriguing. Do people now living have obligations towards those who are not yet living? Do future persons have identifiable interests? Do they have rights, and, if so, on what grounds? Basically, why should we care? Such queries are neither frivolous nor scholastic. Rather, they are at the heart of the evaluation of those profound moral issues posed by the projection of sustainable development into the future of humankind. In exploring these crucial questions in order to offer viable proposals, the Future Generations Programme at the Foundation for International Studies in Malta has, since its inception in 1987, supported the concept of a "guardian" to secure and monitor the rights of unborn generations, and has incorporated this innovative and inspiring concept in the World Declaration on Our Responsibilities Towards Future Generations which was unanimously approved at the International Conference on Future Generations held in Malta by the Foundation in 1992. Moreover, in September 1994 a group of international lawyers was convened in Malta by the Future Generations Programme, together with the Future Generations Alliance Foundation of Japan, the Foundation for International Environmental Law and Development (FIELD) at the University of London, and Malta's Ministry for the Environment, to explore conceptual and legal frameworks for the appointment of a guardian to represent the interests of future generations in regional and international fora. At the end of that meeting, a general consensus was reached on three cardinal points. Firstly, that the interests of future generations must be secured and protected. Secondly, that we have responsibilities towards future generations. Thirdly, that the best way to protect those interests and to discharge those responsibilities is to provide for the adequate representation now of future generations. Indeed, the idea of a guardian to protect the interests of future generations was wholly endorsed by the participants at the conference. What provoked some of the more interesting considerations at the conference was not so much the idea of a guardian per se, but the nature it could and should assume. The conference contributions, here offered in book form, seek to shed light, from different perspectives, on this innovative concept. Some participants agreed that the most effective way to initiate the process towards implementation is through promoting the idea at the United Nations level. A step in this direction that is currently being examined is Malta's proposal to change the role of the United Nations Trusteeship Council from that of trustee of dependent territories (now practically extinguished) to one which acts as a guardian and trustee of the resources of the global commons, in the interest of both present and future generations. It is significant and encouraging to note that a proposal on the same lines has been included in the 1995 report of The Commission on Global Governance, entitled Our Global Neighbourhood, in its chapter on "Reforming the United Nations". Other participants noted that this modus procedendi is not easy. There was, however, general agreement that one could act right away through non-governmental organisations which have a pivotal role to play in the arena of governance by raising a critical voice on behalf of future generations and in mobilizing communities to involve themselves in formulating policies that respect the well-being of our future neighbours. This consciousness-raising on behalf of future generations should be an obligation commensurate with the indispensable work that NGOs seek to do in all spheres. In order to advance this reflection on safeguarding the interests and needs of future generations, UNESCO, in cooperation with the Cousteau Society, sponsored a meeting of experts organized by the Tricontinental Institute for Parliamentary Democracy and Human Rights at the University of La Laguna (Tenerife, Canary Islands) in 1994. Subsequently, the La Laguna Declaration was substantially reviewed taking into consideration the comments and suggestions made by the Executive Board and other intensive consultations with specialists and NGOs. The resulting new version of the declaration was entitled Preliminary Draft o f a Declaration on the Responsibilities o f the Present Generation Towards Future Generations. It quotes conventions and declarations which already speak about such responsibilities and emphasizes that full recognition of these responsibilities, in particular through education, is an important part of UNESCO's fundamental ethical mission. In July 1996, UNESCO welcomed the initiative by the International Centre of Sociological, Penal and Penitentiary Studies in Messina (Italy) to hold an experts' meeting in Taormina (Italy) in order to improve further the preliminary draft declaration. The gathering provided an in-depth examination and critique of the terminology and concepts adopted by the preliminary draft declaration and raised procedural questions linked with the eventual expedition of the declaration. In order to bring the reflection forward and conclude the work on the Charter for Future Generations, a proposal was made to convene an official UNESCO meeting, this time in Malta, in September 1997. Our hope is that this collection of papers will disseminate new insights and proposals on our responsibilities towards future generations and stimulate people everywhere to build and preserve a global neighbourhood of democracy, peace and prosperity for present and future generations.