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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Nature's Trust: Environmental Law for a New Ecological Age


ISBN13: 9780521195133
Published: November 2013
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £69.99
Paperback edition , ISBN13 9780521144117



Despatched in 7 to 9 days.

Environmental law has failed in its most basic purpose. Even as ecosystems collapse across the globe and climate crisis intensifies, environmental agencies worldwide use their authority to permit the very harm that statutes were passed to prevent.

This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. It holds government to a fiduciary obligation to protect such natural assets as generational inheritance for all citizens. Although the public trust has long offered a theoretical ideal for environmental law, until now it has lacked the precision necessary for citizens, government employees, legislators, educators, and judges to apply it to a broad realm of issues. This book shows how a trust principle can apply from the local to global level to protect the planet.

Subjects:
Environmental Law
Contents:
Part I. Environmental Law: Hospice for a Dying Planet?:
1. 'You are doing a great job'
2. The great legal experiment
3. The politics of discretion
4. Behind the grand facade
5. The administrative tyranny over nature

Part II. The People's Natural Trust:
6. The inalienable attribute of sovereignty
7. The ecological res
8. Fiduciary standards of protection and restoration
9. From bureaucrats to trustees
10. Beyond borders: shared ecology and the duties of sovereign co-tenant trustees
11. Nature's justice: the role of the courts

Part III. The Public Trust and the Great Turning:
12. Nature's trust and the heart of humanity
13. Using Earth's interest, not its principal
14. The public trust and private property rights
15. The new world: a planetary trust.