Overcoming the Challenges of Implementing Intergenerational Climate Equity: Tikanga Māori to the Rescue?

Abstract

This paper examines the limitations of intergenerational equity as a principle of international law. While the concept is acknowledged in instruments like the Paris Agreement and discussed within human rights law, these frameworks fail to establish robust and enforceable mechanisms for protecting the rights of future generations. The paper argues that this shortfall stems from an overreliance on Western legal concepts, which often struggle to grasp the profound interconnectedness of past, present and future generations. Drawing on tikanga Māori, concepts such as whakapapa, whanaungatanga, mana and kaitiakitanga offer a more holistic and relational perspective that can inform and enrich international legal approaches to climate change. The paper explores how tikanga Māori has been incorporated into Aotearoa New Zealand's domestic environmental law and highlights how its principles could better define the operative bounds of intergenerational equity. It concludes by asserting that theorists invested in the principle should consider the influences of tikanga Māori and indigenous cultures more broadly, enabling intergenerational equity to evolve from an ambiguous concept into an actionable principle of climate justice.