The Strategic Use of Law for the Future: The Role of the Principle of Intergenerational Equity

Over the past decade, climate change strategic litigation has experienced exponential growth. This form of litigation – pursued at both national and international levels – aims to produce direct effects, such as compelling States to adopt more ambitious mitigation and adaptation measures, as well as indirect effects, including raising public awareness and mobilizing social movements. Indeed, strategic litigation fits within the broader framework of climate change lawfare. Some studies have shown that approximately one-third of these climate-related strategic cases are initiated by youth claimants. A common thread among them – regardless of the jurisdiction before which they appeared – is the invocation of the principle of intergenerational equity (IGE). Indeed, these litigants argue that State action or inaction has disproportionately prioritized the present at the expense of future generations (FGs). Against the backdrop of the growing relevance of youth-led climate litigation, this paper explores the potential of IGE to serve as a strategic legal tool to ensure intertemporal environmental protection.