Transposition Du Concept Ethique De Responsabilite Transgenerationnelle En Droit Penal International?

MCGILL INTERNATIONAL JOURNAL OF SUSTAINABLE DEVELOPMENT LAW AND POLICY(2011)

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摘要
Evoking the notion of crimes against future generations is certainly an indication of the development of a new awareness regarding accountability for the future of human, other living species and the environment. This notion contributes to the ongoing contemporary paradigm change, which is not only specific to our times, but also necessary. As a reflection of this new international mindset, the project offormalizing crimes against future generations has the potential for novel and powerful transformations at the legal level. Relying on the ethical theories of transgenerational liability, it becomes possible to shed light on the notion of crimes against future generations. Certain theoreticalp recisions might become necessary within the context of this discussion. The recognition of a non-discriminationp rinciple that transcends time, based on which the absence of temporal existence no longer results in an absence of rights or legal safeguards, may truly be considered an intellectual conversion. Thus, the implementation ofcrimes against future generations becomes possible by rendering more complex traditional legal concepts. Formulating crimes against fture generations is also an impressive feat in that it upholds a principle of dignity ofthefuture generations. Such a principle has the further potential of propelling forward the domain of human rights law by opening it to discussions ofa transgenerationalperspectiveF. inally, the notion ofcrimes against fieture generations also contributes to the discussion of how to integrate the protection of the future human condition into contemporary considerations. In addition to these promising elements, afew prospective warnings will also be presented.
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