Part III Human Health and Human Rights, 17 Intergenerational Equity, Ocean Governance, and the United Nations

Abstract

This chapter examines the role of the United Nations (UN) in fulfilling the concept of intergenerational equity as it relates to ocean governance. The concept of intergenerational equity is inexorably linked to the principle of sustainable development. Three basic principles underpin intergenerational equity: conservation of options, conservation of quality, and conservation of access. The chapter first considers the concept of intergenerational equity within the context of sustainable development and environmental protection before discussing international conventions and soft law instruments including the principle of intergenerational equity. It then explains how the UN Convention on the Law of the Sea (UNCLOS) takes into account intergenerational equity and goes on to review national and international case-law concerning intergenerational equity and the rights of future generations. It also analyses constitutional and institutional protection of the rights of future generations and concludes with an assessment of UN approaches addressing the needs of future generations.