Margareta Rončević
Introduction
The climate crisis has been at the forefront of the political activity across the world for decades. Yet, instead of a unified global approach, it persists to be a polarising issue now more than ever. Even though some positive developments emerged over the years that seem to be tackling and reducing the hazardous human impact on the environment and climate, like the rapid development of the renewable energy sources, we still witness rising greenhouse gas emissions and deepening of the global inequality that is partially worsened by this crisis. According to the International Energy Agency (IEA), even with the numerous technological advancements, global energy-related CO₂ emissions increased by 1.1% in 2023, reaching a new record high of 37.4 billion tonnes. This rise was primarily driven by increased fossil fuel use due to reduced hydropower production in drought-affected regions, alongside the reopening of China’s economy and a recovery in the aviation sector (International Energy Agency, 2024.). As a consequence, one question becomes increasingly urgent: How can we ensure that today’s policies protect not only the present but also the future?
Intergenerational fairness, the idea that future generations have the right to a livable planet and sustainable resources, is a powerful lens through which to observe the climate action. This blog explores how this concept has evolved in law and policy, why it matters now more than ever, and how recent developments, such as the EU’s appointment of a Commissioner for Intergenerational Fairness, signal a shift toward long-term responsibility.
The Roots of Intergenerational Fairness
Even though it wasn’t called as such, intergenerational fairness as a concept exists for thousands of years, and has been a part of various different communities, cultures and political administrations. Implementation, however, varied. For example, ancient legal systems and Indigenous philosophies, like the Māori concept of Kaitiakitanga, emphasize stewardship of the land to preserve it for those yet to come. If open to interpretation, it almost suggests that the current generation is borrowing the land and resources from the future one and should treat it as such. Across the world and centuries, in the Republic of Dubrovnik, deforestation was strictly regulated, and the government mandated tree replanting to prevent future shortages of timber, a key resource for trade and defense. More recently, thinkers like Edmund Burke famously argued that society is a contract between generations of past, present, and future (Burke, 1790). Economist Arthur Cecil Pigou introduced the idea of environmental externalities, laying the foundation for sustainability thinking (Pigou, The Economics of Welfare, 1920).
From the 1970s onward, intergenerational fairness became embedded in the global conversation. With the rise of the global climate movement, numerous declarations and treaties rolled-out in an attempt for governments to express their commitment to reducing GHG and advancing environmental and climate protection laws. The Stockholm Declaration (1972) first formally recognised environmental protection as essential for future generations (UNEP, 1972). The UN Framework Convention on Climate Change (UNFCCC, 1992) enshrines this duty (UNFCCC, Article 3). Later agreements, such as the Kyoto Protocol (1997) and Paris Agreement (2015), committed signatory states to reducing emissions in the interest of long-term planetary health (UNFCCC Kyoto / Paris Agreement). However, it must be noted that, unfortunately, none of these treaties are legally binding…
Laws That Look Forward
Several modern legal frameworks incorporate intergenerational justice. For example, the concept of Kaitiakitanga found its revitalisation in the contemporary New Zealand law, such as in the Te Urewera Act (2014), which grants legal personhood to natural entities. France’s Charter for the Environment (2004) establishes a duty to protect nature for the benefit of future citizens (Legifrance). In the EU, intergenerational solidarity is embedded in the Treaty on the European Union (Article 3(3)) and the Charter of Fundamental Rights (EUR-Lex). The European Green Deal places fairness and inclusion at the heart of climate transition strategies (European Commission, 2019).
Beyond policy initiatives, landmark legal cases have also played a crucial role in advancing intergenerational fairness. In Juliana v. United States (2015), a group of young plaintiffs, supported by the non-profit Our Children’s Trust, argued that the U.S. government’s failure to act on climate change violated their constitutional rights to life, liberty, and property by endangering the planet for current and future generations (Our Children’s Trust). Similarly, in Urgenda Foundation v. The Netherlands (2015), the Dutch court issued a groundbreaking ruling, ordering the government to strengthen its emissions reduction efforts to protect both present and future citizens (Urgenda Case). These cases marked significant moments where the principle of intergenerational fairness was not just discussed but legally enforced.
However, despite such victories, the global enforcement of intergenerational justice remains inconsistent and fragile. Short-term political cycles, shifting priorities, and the lack of explicit legal recognition for the rights of future generations often undermine these frameworks at both national and international levels (OECD, 2020). Political leaders come and go, public attention shifts with emerging crises, and ambitious policies are frequently watered down, delayed, or entirely abandoned. In many cases, what begins as promising legislation remains little more than aspirational rhetoric, with real implementation falling victim to political inertia or electoral pressures. As a result, the gap between legal theory and practical, enforceable protections for future generations persists, demanding new institutional innovations and stronger safeguards.
A New Chapter: Commissioner for Intergenerational Fairness
However, a new wave of positive developments offers grounds for hope. September 2024 stands out as a milestone in advancing intergenerational fairness within the European Union. For the new European Commission mandate, Maltese representative Glenn Micallef was appointed as the first-ever Commissioner for Intergenerational Fairness, Youth, Culture, and Sport (European Commission Press Release, 2024). His appointment followed sustained advocacy by numerous civil society groups and non-governmental organizations, who emphasized that safeguarding the rights and well-being of future generations demands dedicated institutional leadership within the EU’s governance framework.
Micallef’s role marks a transformative step toward embedding long-term thinking into European policymaking, moving beyond symbolic commitments toward real structural change. Micallef’s mandate includes developing a Strategy on Intergenerational Fairness to ensure that the interests of present and future generations are systematically respected in policymaking, organizing annual Youth Policy Dialogues and setting up a President’s Youth Advisory Board, giving young people a direct voice in European policymaking, launching a Culture Compass to integrate sustainability into the cultural sector and improve artists’ working conditions, Promoting healthier societies through a renewed European Sport Model and leading strategic foresight efforts to identify long-term trends and challenges impacting future generations.
This new Commissioner role marks a major shift in EU governance by formally embedding a long-term, cross-generational perspective into its political structure. It signals that sustainability is not just about emissions targets, but also about systematically protecting the social, cultural, and economic rights of the generations to come.
Learning from Wales
It is important to recognize that the EU’s recent move builds upon earlier innovative models of institutionalizing intergenerational fairness. Most notably, Wales pioneered this approach through the appointment of a Future Generations Commissioner under the Well-being of Future Generations (Wales) Act 2015 (Future Generations Commissioner for Wales, 2025). Wales became the first government globally to establish a statutory office specifically tasked with advocating for the interests of future generations across all areas of public policy.
The current Welsh Commissioner, Derek Walker, is empowered to monitor and promote sustainable development within public bodies, review and advise on national policy plans—including areas such as transport, health, and energy—and conduct independent investigations into whether public decision-making adequately considers long-term impacts. Under this governance model, Wales has made substantial progress, embedding sustainability principles into budgeting processes, urban planning, public health strategies, and national goal-setting frameworks (Well-being of Future Generations (Wales) Act 2015). The Welsh experience demonstrates how legally enshrined mechanisms can drive meaningful change, offering a valuable blueprint for broader international efforts toward intergenerational justice.
The EU’s creation of its own Commissioner echoes this approach, demonstrating how local experiments can scale up to regional and global influence. Like Wales, the EU now recognizes that protecting future generations requires both a dedicated champion within government and legal structures that prioritize long-term thinking over short-term political pressures.
Conclusion
Considering the escalating climate crisis, intergenerational fairness is no longer a distant ideal or a moral aspiration, it has become a political, legal, and ethical necessity. From ancient Indigenous practices to the pioneering policies of Wales and the recent transformative steps taken by the European Union, societies are increasingly recognizing their profound responsibility to those who will inherit the planet.
While significant barriers remain, including weak enforcement mechanisms, short-term political cycles, and insufficient legal protections, the momentum is undeniable. The conversation is shifting from symbolic gestures to concrete structural change.
To truly embed fairness across time and generations, global institutions must take decisive action. They must appoint dedicated commissioners for intergenerational fairness, mandate future impact assessments for all major policy proposals, and ensure that young people have a meaningful voice in climate governance and decision-making. Only through such systemic reforms can we build institutions capable of safeguarding the long-term well-being of humanity.
The climate emergency challenges humanity’s capacity to think and act beyond the immediacy of its own interests. Intergenerational fairness offers not just a legal framework, but a powerful vision of justice, one that honors the past, responds to the present, and safeguards the future.
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