23 Pages Posted: 28 Oct 2010 Last revised: 19 Dec 2010
Date Written: December 15, 2010
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: 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: https://ssrn.com/abstract=1698755 or http://dx.doi.org/10.2139/ssrn.1698755