论环境法上的代际公平——从理念到基本原则的论证

On Intergenerational Justice of Environmental Law——Argumentation from Idea to the Basic Principles

代际公平理念影响着环境法并成为其追求的基本目标之一,但要在人类制度和行为中落实,仅停留在理念层面显然是不够的。通过代际无知之幕的分析,为代际公平的衡量提供标准,即维持财富总量的原则,进而落实为具有操作意义的环境法的基本原则。

The idea of intergenerational justice affects the study and practice of environmental law and becomes its basic objective. But it is not enough obviously to accept it as an idea only, if we want to carry it out in the human systems and behaviors. In this article, through analyzing the veil of ignorance,I regard the principle of total wealth maintaining as the standard of measuring intergenerational justice. In addition, I discuss the basic principle of environmental law, which can be implemented in environmental protection.