Towards global public trust doctrines: an analysis of the transnationalisation of state stewardship duties

@article{Orangias2021TowardsGP,
  title={Towards global public trust doctrines: an analysis of the transnationalisation of state stewardship duties},
  author={Joseph Orangias},
  journal={Transnational Legal Theory},
  year={2021},
  volume={12},
  pages={550 - 586},
  url={https://api.semanticscholar.org/CorpusID:244864136}
}
ABSTRACT Public trust doctrines (PTDs) provide that natural resources, like air, trees and water, are common, shared property among citizens and therefore nation states should perpetually steward them. This article contributes a new conceptual framework for analysing and applying PTDs against global environmental issues. First, based on a review and synthesis of public trust scholarship, laws and judgments, an overview of PTDs across sub-national, national and international levels is provided… 
View on Taylor & Francis
iwrmactionhub.org
2 Citations

2 Citations

Bringing It All Together: Leveraging Social Movements and the Courts to Advance Substantive Human Rights and Climate Justice

Although significant literature and jurisprudence has amassed on rights-based climate litigation over recent years, less research and case law has emerged on poverty-related court cases and the…

Transforming the Rule of Law in Environmental and Climate Litigation: Prohibiting the Arbitrary Treatment of Future Generations

Abstract This article maps the shared legal anatomy of climate and environmental lawsuits, in which plaintiffs claim protection for future generations before domestic or international courts. By…

26 References

Judicial Resources and the Public Trust Doctrine: A Powerful Tool of Environmental Protection?

United Kingdom Supreme Court Justice Robert Carnwath has urged the judiciary to develop ‘common laws of the environment’, which can operate within different legal frameworks, tailored where necessary…

Urgent agenda: how climate litigation builds transnational narratives

    P. Paiement
    Environmental Science, Political Science
    Transnational Environmental Law in the…
  • 2020
ABSTRACT This article draws on the notion of co-production to assess the construction of transnational narratives in climate change litigation. Using the examples of recent cases from the…

The Declaration on the Rights of Indigenous Peoples

!e status of indigenous peoples in international law is a topic of growing interest.1 One area of debate concerns whether there is an international custom that protects the rights of indigenous…

Convention on the Protection and Use of Transboundary Watercourses and International Lakes

Recalling the pertinent provisions and principles of the Declaration of the Stockholm Conference on the Human Environment, the Final Act of the Conference on Security and Cooperation in Europe…

Climate Change, Intergenerational Equity, and International Law

Climate change is an inherently intergenerational problem with extremely serious implications for equity between ourselves and future generations and among communities in the present and the future.…

Reenquadrando a justiça em um mundo globalizado

A globalizacao esta alterando o modo como discutimos a justica. Debates que costumavam focalizar a questao da justica entre os membros das comunidades se transformam rapidamente em disputas a…

Living Resources of the High Seas

    Law, Environmental Science
    Cases and Materials on the Law of the Sea
  • 2004

Tasmanian Dam Case