Certain legal instruments for the protection of future generations

Abstract

Protection of the interests of future generations is one of the main pillars of sustainable development. The major question here is how to understand this assertion. The only acceptable answer is to identify the obligations of current generation as much as possible. One may find the same in different pontifical manifestations, namely the protection of Creation and the protection of the interests of future generations have the same roots, as of the duty to accomplish the requirements of common heritage of mankind, the common good. It is not acceptable either from moral point of view that the damages of today should be paid by the future generations. The Hungarian Constitutional court based on the Fundamental Law underlined the concept of hypothetical heritage of future generation, in line with the guarantee the possibility of choice, quality and access, or more recently referring also to the doctrine of public trust. Within the legal toolbox of the protection of future generations one may find many items from precaution through subsidiarity and public participation, or also cooperation to the right to environment or resilience, mentioning similarly the duty of long-term thinking or planning, integration or the use of different impact assessments. We may also think about institutional representation of the interests, developing organizational conditions. All these might come to any result only in combination, as there are several constraints - current economic interests, the lack of political will, using crises situations as excuse and many others - which we have to face.