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Intergenerational Trusts and Environmental Protection

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This book examines the trust concepts and institutions which may be employed to ensure that a healthy environment is passed onto future generations. Following initial consideration of the desirability of using the private law mechanism of the trust, and trust funds, for environmental purposes, the book examines the domestic law concepts of private, charitable and public trusts in an environmental context. Attention then turns to the development of the trust concept on the international law plane, with particular ...
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Overview

This book examines the trust concepts and institutions which may be employed to ensure that a healthy environment is passed onto future generations. Following initial consideration of the desirability of using the private law mechanism of the trust, and trust funds, for environmental purposes, the book examines the domestic law concepts of private, charitable and public trusts in an environmental context. Attention then turns to the development of the trust concept on the international law plane, with particular focus on the novel concept of an intergenerational trust. Embodying the legal articulation of sustainable development and embracing both intra- and inter-generational equity, it is this form of the trust concept which has the greatest resonance for international environmental law." "This book will be of particular interest to academics, students and practitioners of international, comparative and national environmental law and politics.
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Product Details

Table of Contents

 

List of abbreviations

Table of major treaties and instruments

1 Introduction

·         Trust law and environmental protection

·         Private law techniques for environmental regulation

·         Conclusion

2 Private and charitable trust concepts in municipal law

·         Introduction

·         Private trusts

·         Charitable trusts

·         Trust institutions: the National Trust

·         Trust fund

·         Conclusion

3 Public trust doctrine

·         Introduction

·         The development of the doctrine

·         The effect of the public trust

·         Why use the public trust doctrine?

·         The public trust doctrine as a trust law concept

·         Conclusion

4 The concept of the trust in international law: intergenerational or planetary trust?

·         The theory of intergenerational equity

·         Intergenerational rights and obligations

·         Implementing and enforcing trust obligations

·         Evaluation of the theory of intergenerational equity

·         Intergenerational equity

·         Conclusion

5 The legal status of intergenerational equity under international law

·         Recognition of intergenerational equity in international legal instruments

·         Planetary obligations and duties of use

·         ‘Creeping intergenerationalisation’ and relevant principles of international environmental law

·         Conclusion

6 International trusteeship and trust funds

·         Introduction

·         International trusteeship

·         Breach of trust under the Mandates and Trusteeship Systems

·         The trust concept: a general principle of international law?

·         Defining the trust

·         Conclusion

7 Conclusion

Table of cases

Index
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