Abstract

http://ssrn.com/abstract=1698755
 
 

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From Fiduciary States to Joint Trusteeship of the Atmosphere: The Right to a Healthy Environment Through a Fiduciary Prism


Evan Fox-Decent


McGill University - Faculty of Law

December 15, 2010


Abstract:     
This Article contends that a fiduciary theory of public authority yields a human right to a healthy environment. Under the fiduciary theory, states owe extra-territorial non-citizens a legal duty to protect the earth’s atmosphere, a duty that is correlative to every person’s human right to a healthy environment. An implication of the fiduciary model is that states stand in the position of joint fiduciaries vis-à-vis humanity at large. The subject matter of the joint fiduciary relationship is the earth’s atmosphere.

Number of Pages in PDF File: 23

Keywords: Environment, Fiduciary, Global Warming, Climate Change, Human Rights

JEL Classification: K32, Q32, H41, K33

working papers series


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Date posted: October 28, 2010 ; Last revised: December 19, 2010

Suggested Citation

Fox-Decent, Evan, From Fiduciary States to Joint Trusteeship of the Atmosphere: The Right to a Healthy Environment Through a Fiduciary Prism (December 15, 2010). Available at SSRN: http://ssrn.com/abstract=1698755 or http://dx.doi.org/10.2139/ssrn.1698755

Contact Information

Evan Fox-Decent (Contact Author)
McGill University - Faculty of Law ( email )
3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
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