Fiduciary Duty and the Atmospheric Trust

ISBN-13: 9781138245532 / Angielski / Miękka / 2016 / 312 str.

Charles Sampford;Ken Coghill;Tim Smith

Opis

This 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.

Recenzje

'These stimulating essays confront the incapacity of our democratic and international institutions to meet the challenge of Carbon emissions. The authors canvass the possibility of refining and developing existing legal concepts, including the public trust doctrine, the fiduciary duty, integrity regimes and sovereign trust obligations, so as to breathe life into our institutions and equip them to meet that challenge.' Sir Anthony Mason, AC, KBE, QC, formerly ninth Chief Justice of the High Court of Australia

Spis treści

Chapter 1 Rulers’ Duties to Our Environment?, Ken Coghill, Charles Sampford, Tim Smith; Chapter 2 Fiduciary Duty and Climate Governance: Challenges for International Diplomacy and Law, Will McGoldrick, Donald Feaver, Andrew Maver; Chapter 3 Public Trusts and Fiduciary Relations, Paul Finn; Chapter 4 Trust, Governance and the Good Life, Lisi Oliver, Charles Sampford; Chapter 5 Public Officials, Public Trusts and Fiduciary Duties, John Glover; Chapter 6 Atmospheric Trust Litigation Across the World, Mary Christina Wood; Chapter 7 Fiduciary Principles and International Organizations, Donald Feaver; Chapter 8 High Court of Australia on Fiduciary Theory, Rosemary Teele Langford; Chapter 9 Applying Fiduciary Duty in Real Politik, Andrew Murray; Chapter 10 Fiduciary Duty, Democracy and the Rule of Law, Robert Clark; Chapter 11 The Role of Fiduciary Duty in Safeguarding the Future, Kelvin Thomson; Chapter 12 A Ponzi Scheme on the Environment? Failures of Fiduciary Duty and the Challenges of Climate Governance, Fiona Haines; Chapter 13 From Fiduciary States to Joint Trusteeship of the Atmosphere: The Right to a Healthy Environment through a Fiduciary Prism, Evan Fox-Decent; Chapter 14 Conclusion, Ken Coghill, Charles Sampford, Tim Smith;

O autorze

Charles Sampford, Foundation Dean, Law School at Griffith University and later foundation director of the Key Centre for Ethics, Lord Justice and Governance. Director of the Institute for Ethics, Governance and Law, a joint initiative of the United Nations, and University of Griffith from September 2004. Convenor of the Australian Research Council Funded Governance Research Network. His research since 1990 has concentrated in the areas of applied ethics, ethics regimes, constitutional law, corruption measurement, integrity system, the rule of law, and the role of values in international affairs.