Environmental Solidarity in the Area of Freedom, Security and Justice. Towards the Judicial Protection of (Intergenerational) Environmental Rights in the EU

Abstract

Climate change and its dire effects are undoubtedly a common concern of humankind and call for international cooperation. The dire consequences of climate change pose a notable challenge to international environmental law but also national and international courts. This contribution aims to discuss the application of the principles of solidarity and rule of law in International and European Union (EU) environmental law, also in the context of the Area of Freedom, Security and Justice (AFSJ), and their implications as two key pillars of 21st century environmental law on strengthening environmental governance, where a “solidaristic spirit” has never been more necessary than now to renew “social cohesion” between generations, fulfilling the common goal of the survival of humankind. Furthermore, the analysis will consider the role of climate justice and the potential contribution of international human rights law and jurisprudence as increasingly central to combating environmental problems, where intergenerational equity, as the first distinguishing element of environmental (rule of) law strongly linked to the solidary rationale of the concept of sustainable development, may play a crucial role.