From Fiduciary States to Joint Trusteeship of the Atmosphere: The Right to a Healthy Environment Through a Fiduciary Prism
McGill University - Faculty of Law
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.
Number of Pages in PDF File: 23
Keywords: Environment, Fiduciary, Global Warming, Climate Change, Human Rights
JEL Classification: K32, Q32, H41, K33
Date posted: October 28, 2010 ; Last revised: December 19, 2010