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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, From Fiduciary States to Joint Trusteeship of the Atmosphere: The Right to a Healthy Environment Through a Fiduciary Prism, in FIDUCIARY DUTY AND THE ATMOSPHERIC TRUST 253 (Ken Coghill, Charles Sampford & Tim Smith eds., 2012).

23 Pages Posted: 28 Oct 2010 Last revised: 21 Sep 2017

Evan Fox-Decent

McGill University - Faculty of Law

Date Written: 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.

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

JEL Classification: K32, Q32, H41, K33

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). Evan Fox-Decent, From Fiduciary States to Joint Trusteeship of the Atmosphere: The Right to a Healthy Environment Through a Fiduciary Prism, in FIDUCIARY DUTY AND THE ATMOSPHERIC TRUST 253 (Ken Coghill, Charles Sampford & Tim Smith eds., 2012).. Available at SSRN: https://ssrn.com/abstract=1698755 or http://dx.doi.org/10.2139/ssrn.1698755

Evan Fox-Decent (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

HOME PAGE: http://www.mcgill.ca/law/about/profs/fox-decent-evan

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