환경법에서의 세대 간 정의 ― 세대 간 정의의 환경법 규범화 서설 ―

In environmental law today, the litigation for future generations, the sustainable development for future generations, and the environmental rights of future generations etc. are being actively discussed. Intergenerational justice has been the subject of philosophical debate for a long time, but its main application area is environmental law. Therefore, the issue of normativization of intergenerational justice has become an unavoidable topic of environmental law. The decision of the German Federal Constitutional Court for climate change in 2021 provided the basis for its juridification (Verrechtlichung). by using the expression ‘intertemporal’ with a similar meaning to ‘intergenerational’. This study seeks to normativize intergenerational justice. In particular, with regard to the so-called ‘non-identity problem’, which is also a difficult problem in the philosophical problem of intergenerational justice, we try to find a solution through reexamination of the individuality of rights. Normativization of intergenerational justice should be developed de lege lata and de lege ferenda. In order to achieve this purpose, this study intends to reexamine the issue of individuality of rights by using concepts such as collective rights and potential rights.