The environmental rule of law, intergenerational equity and climate litigation in Latin America

Resumo

International law, including international courts and tribunals, is undergoing important changes in their legal culture in the face of the challenges that climate change is set to pose. With this, special emphasis is placed on the transformation associated with the “Environmental rule of law,” a concept that still has significant margin for discussion, and where its new applications will form part of the fundamental debates in this field. In view of this fact, this text will focus on the installation of this legal structure in the climate debate through the principle of intergenerational equity and the extrapolation of the latter to contemporary climate disputes, especially those intergenerational disputes in the Global South and Latin America, which seek to transform and give new horizons to the international system.