Fiduciary Duty And The Atmospheric Trust

Author : Charles Sampford,Ken Coghill,Tim Smith
Publisher : Routledge
Page : 312 pages
File Size : 55,8 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781317135463

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Fiduciary Duty and the Atmospheric Trust by Charles Sampford,Ken Coghill,Tim Smith Pdf

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.

Author : Michael Ng
Publisher : Canada Law Book
Page : 128 pages
File Size : 44,5 Mb
Release : 2003
Category : Trusts and trustees
ISBN : 0888043988

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Fiduciary Duties by Michael Ng Pdf

Author : Evan J. Criddle,Paul B. Miller,Robert H. Sitkoff
Publisher : Oxford Handbooks
Page : 1028 pages
File Size : 55,9 Mb
Release : 2019-05-27
Category : Law
ISBN : 9780190634100

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The Oxford Handbook of Fiduciary Law by Evan J. Criddle,Paul B. Miller,Robert H. Sitkoff Pdf

The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.

Author : Jonathan Garton,Rebecca Probert,Gerry Bean
Publisher : Cambridge University Press
Page : 1085 pages
File Size : 44,6 Mb
Release : 2020-05-14
Category : Law
ISBN : 9781108796446

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Moffat's Trusts Law by Jonathan Garton,Rebecca Probert,Gerry Bean Pdf

Combines authoritative commentary and unique contextual analysis to explain the general principles of trusts and their practical operation.

Author : Seth Davis,Thilo Kuntz,Gregory Shaffer
Publisher : Cambridge University Press
Page : 321 pages
File Size : 53,8 Mb
Release : 2023-10-31
Category : Law
ISBN : 9781009310291

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Transnational Fiduciary Law by Seth Davis,Thilo Kuntz,Gregory Shaffer Pdf

This book examines addresses a social problem that cuts across legal systems: abuse of authority in decision making. Whether within familial, political, or business relations, all individuals are vulnerable to another's abuse of authority to make decisions for them. This book is about how law may respond to this problem transnationally.

Author : Mary Christina Wood
Publisher : Cambridge University Press
Page : 461 pages
File Size : 40,6 Mb
Release : 2014
Category : Law
ISBN : 9780521195133

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Nature's Trust by Mary Christina Wood Pdf

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. This book shows how a trust principle can apply from the local to global level to protect the planet.

Author : Alan Lawton,Zeger van der Wal,Leo Huberts
Publisher : Routledge
Page : 375 pages
File Size : 52,8 Mb
Release : 2015-08-14
Category : Business & Economics
ISBN : 9781317932000

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Ethics in Public Policy and Management by Alan Lawton,Zeger van der Wal,Leo Huberts Pdf

Ethics in Public Policy and Management: A global research companion showcases the latest research from established and newly emerging scholars in the fields of public management and ethics. This collection examines the profound changes of the last 25 years, including the rise of New Public Management, New Public Governance and Public Value; how these have altered practitioners’ delivery of public services; and how academics think about those services. Drawing on research from a broad range of disciplines, Ethics in Public Policy and Management looks to reflect on this changing landscape. With contributions from Asia, Australasia, Europe and the USA, the collection is grouped into five main themes: theorising the practice of ethics; understanding and combating corruption; managing integrity; ethics across boundaries; expanding ethical policy domains. This volume will prove thought-provoking for educators, administrators, policy makers and researchers across the fields of public management, public administration and ethics.

Author : R. Eljalill Tauschinsky
Publisher : Springer Nature
Page : 221 pages
File Size : 46,5 Mb
Release : 2019-11-10
Category : Law
ISBN : 9783030263003

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A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU by R. Eljalill Tauschinsky Pdf

This book focuses on the evaluation of delegated and implementing rule-making, based on Articles 290 and 291 TFEU. These articles have attracted considerable attention since their introduction in 2009, and their implementation is one of the most hotly debated questions in European Administrative Law. The book takes up this timely topic, discusses it in an innovative way and offers valuable new insights. Delegated and implementing acts are the most common form of EU legal acts. However, despite their ubiquity and relevance, it is unclear how the Commission’s powers to adopt these important acts relates to subjects’ democratic rights. Accordingly, the book explores the question of how the Commission’s powers to adopt delegated and implementing acts can be justified. The relationship between the Commission and the persons within the Member States who are directly affected by its rule-making should be seen, the book argues, as one of institutional trust, and as a result as a fiduciary relationship. The book begins by defining the theoretical conditions for a justificatory approach, before explaining the background and foundations of fiduciary law. It then links this theoretical perspective with the realities of delegated and implementing acts, describing how the various roles in fiduciary relationships map onto the rule-making process that produces delegated and implementing acts, and explains how the fundamental tenet of fiduciary relationships – loyalty – can be included in the rule-making process.

Author : William C. G. Burns,Hari M. Osofsky
Publisher : Cambridge University Press
Page : 128 pages
File Size : 55,7 Mb
Release : 2009-07-27
Category : Law
ISBN : 9781139480895

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Adjudicating Climate Change by William C. G. Burns,Hari M. Osofsky Pdf

Courts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers and academics.

Author : Samira Idllalène
Publisher : Cambridge University Press
Page : 189 pages
File Size : 43,9 Mb
Release : 2021-04
Category : Law
ISBN : 9781108488785

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Rediscovery and Revival in Islamic Environmental Law by Samira Idllalène Pdf

For the first time, Sharia' and common law are compared from the perspective of environmental law to delve into their common grounds.

Author : B.H. Desai
Publisher : IOS Press
Page : 244 pages
File Size : 45,7 Mb
Release : 2021-06-21
Category : Science
ISBN : 9781643681795

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Our Earth Matters by B.H. Desai Pdf

On 21 May 2019, it was officially recognized that we are now living in the Anthropocene, our earth’s latest geological epoch, named for the 'unmistakable imprint of human activities'. This announcement came almost 60 years after the publication of Rachel Carson’s landmark work of environmental writing, Silent Spring, and next year (2022) it will be 50 years since the first UN Conference on the Human Environment, held in Stockholm in June 1972. This book, Our Earth Matters: Pathways to a Better Common Environmental Future, is a special issue of the journal Environmental Policy and Law, which was first published in 1975. It presents 21 invited contributions by outstanding scholars from around the world, which examine existing global regulatory approaches, processes, instruments and institutions for the protection of the global environment. The articles are grouped under four headings: Prognoses, Processes, Problematique and Prospects, and in them the authors have sought to explore answers to the existential environmental crisis. They urge us to ponder our reckless destruction of natural spaces, endangering of plant and animal species, poisoning of the environment, and general disturbance of our essential ecological processes. The primary objective of the book is to raise the awareness of the global audience by inspiring scholars and decision-makers to re-examine current global approaches to environmental issues and explore the future trajectory with new ideas and frameworks for international environmental governance in the 21st century and beyond. The book will be of interest to all those working to secure the sustainable future of the human race on our only abode, planet Earth. Bharat H. Desai is Professor of International Law and Jawaharlal Nehru Chair in International Environmental Law, Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, New Delhi; Editor-in-Chief of the journal Environmental Policy & Law (Amsterdam: IOS Press) and of the Yearbook of International Environmental Law (Oxford: OUP).

Author : Cinnamon Piñon Carlarne,Kevin R. Gray,Richard Tarasofsky
Publisher : Oxford University Press
Page : 849 pages
File Size : 50,5 Mb
Release : 2016
Category : Law
ISBN : 9780199684601

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The Oxford Handbook of International Climate Change Law by Cinnamon Piñon Carlarne,Kevin R. Gray,Richard Tarasofsky Pdf

"Climate change presents one of the greatest challenges of our time, and has become one of the defining issues of the twenty-first century. The radical changes which both developed and developing countries will need to make, in economic and in legal terms, to respond to climate change are unprecedented. International law, including treaty regimes, institutions, and customary international law, needs to address the myriad challenges and consequences of climate change, including variations in the weather patterns, sea level rise, and the resulting migration of peoples. ... This book addresses the major legal dimensions of the problems caused by climate change: including questions ranging from how to implement international legal frameworks at the national level, to how carbon trading systems can be used as a means of reducing the costs of meeting emission reduction targets."--Book jacket.

Author : Francesca Fiorentini,Marta Infantino
Publisher : Springer Nature
Page : 306 pages
File Size : 40,5 Mb
Release : 2019-11-22
Category : Law
ISBN : 9783030347543

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Mentoring Comparative Lawyers: Methods, Times, and Places by Francesca Fiorentini,Marta Infantino Pdf

This volume features papers written in honor of Mauro Bussani, and celebrates the work and contributions of this renowned scholar of comparative law. The content reflects the various theoretical and practical areas in which he has already left a lasting mark. The essays explore the theory and practice of comparative law in different areas and contexts, and highlight innovative approaches to a large variety of hot-topic private and public law subjects. The authors include young scholars, lawyers, legal consultants, human rights activists, and practitioners, all of whom Professor Bussani has trained, supervised, and supported throughout their careers. The contributions emphasize the many ways in which Professor Bussani’s teaching and scientific output have enriched, revolutionized, and challenged both theory and practice. They cover e.g. the law of secured transactions, Western law and legal pluralism, fashion law, contract law in China and in the Arab World, contract and tort in the West, scientific evidence, risk regulation, global finance, human rights indicators, anti-discrimination laws, democracy and climate change law.

Author : K.N. Ninan,Makoto Inoue
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 50,8 Mb
Release : 2017-06-30
Category : Electronic
ISBN : 9781785368455

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Building a Climate Resilient Economy and Society by K.N. Ninan,Makoto Inoue Pdf

Climate change will have a profound impact on human and natural systems, and will also impede economic growth and sustainable development. In this book, leading experts from around the world discuss the challenges and opportunities in building a climate resilient economy and society. The chapters are organised in three sections. The first part explores vulnerability, adaptation and resilience, whilst Part II examines climate resilience-sectoral perspectives covering different sectors such as agriculture, fisheries, marine ecosystems, cities and urban infrastructure, drought prone areas, and renewable energy. In the final part, the authors look at Incentives, institutions and policy, including topics such as carbon pricing, REDD plus, climate finance, the role of institutions and communities, and climate policies. Combining a global focus with detailed case studies of a cross section of regions, countries and sectors, this book will prove to be an invaluable resource.

Author : Sarah Krakoff
Publisher : Routledge
Page : 227 pages
File Size : 44,6 Mb
Release : 2016-02-17
Category : Law
ISBN : 9781317006305

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Tribes, Land, and the Environment by Sarah Krakoff Pdf

Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays by leading Indian law scholars across the disciplines of indigenous and environmental law. The chapters reveal the difficulties encountered by Native American tribes in attempts to establish their own environmental standards within federal Indian law and environmental law structures. Gleaning new insights from a focus on tribal land and property law, the collection studies the practice of tribal sovereignty as experienced by Indians and non-Indians, with an emphasis on the development and regulatory challenges these tribes face in the wake of climate change. This volume will advance the reader's knowledge and understanding of these challenging issues.