Future generations as subjects of rights? A content analysis of rights of future generations in Swedish climate law

Abstract: The objective of this thesis is to examine Swedish climate law to discuss and examine the concept of “rights of future generations”. Global warming is inevitable causing the world to change rapidly, thus future generations will be faced with monumental environmental challenges. Recently, states around the world are being sued by the younger generations claiming their rights have been violated. As a consequence, the rights of future generations have become a topic of debate. Scholars approach non-existent subjects differently using a variety of theoretical arguments to legitimize their position. Therefore, this thesis includes three different perspectives to examine domestic legislation to investigate how the concept is used. Utilizing Philip’s human rights-based approach to future generations, Weiss’s theory of intergenerational equity, and Parfit's critique based on the non-identity problem, extracts from a selection of climate-related laws are analyzed. The analysis is primarily based on a qualitative content analysis with elements of quantification to thoroughly examine the usage of the concept. Considering the alarming effects of climate change, legal protection could serve as a vessel to call to action and take responsibility for the fate of the future population. However, without a clear definition of the rights of future generations or what correlating responsibility entails, the purpose of legal protection is defeated. The research indicates an ambiguous Swedish domestic legislation with influences from different theoretical approaches to the rights of future generations.