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Fiduciary Duty and the Atmospheric Trust (eBook)


ISBN13: 9781409497882
Published: January 2012
Publisher: Routledge
Country of Publication: UK
Format: eBook (ePub)
Price: Out of print
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TThis book explores the application of concepts of fiduciary duty or public trust in responding to the policy and governance challenges posed by policy problems that extend over multiple terms of government or even, as in the case of climate change, human generations.

The volume brings together a range of perspectives including leading international thinkers on questions of fiduciary duty and public trust, Australia's most prominent judicial advocate for the application of fiduciary duty, top law scholars from several major universities, expert commentary from an influential climate policy think-tank and the views of long-serving highly respected past and present parliamentarians.

The book presents a detailed examination of the nature and extent of fiduciary duty, looking at the example of Australia and having regard to developments in comparable jurisdictions. It identifies principles that could improve the accountability of political actors for their responses to major problems that may extend over multiple electoral cycles.

Subjects:
Environmental Law, eBooks
Contents:
Rulers' duties to our environment?
Ken Coghill, Charles Sampford and Tim Smith
Fiduciary duty and climate governance: challenges for international diplomacy and law
Will McGoldrick, Donald Feaver and Andrew Maver
Public trusts and fiduciary relations
Paul Finn
Trust, governance and the good life
Charles Sampford
Public officials, public trusts and fiduciary duties
John Glover
Atmospheric trust litigation across the world
Mary Christina Wood
Fiduciary principles and international organizations
Donald Feaver
High Court of Australia on fiduciary theory
Rosemary Teele Langford
Applying fiduciary duty in real politik
Andrew Murray
Fiduciary duty, democracy and the rule of law
Robert Clark
The role of fiduciary duty in safeguarding the future
Kelvin Thomson
A Ponzi scheme on the environment? Failures of fiduciary duty and the challenges of climate governance
Fiona Haines
From fiduciary states to joint trusteeship of the atmosphere: the right to a healthy environment through a fiduciary prism
Evan Fox-Decent
Conclusion
Ken Coghill, Charles Sampford and Tim Smith
Index.