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

Q2 Social Sciences

Transnational Legal Theory Pub Date : 2021-10-02 DOI:10.1080/20414005.2021.2006030

Joseph Orangias

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引用次数: 1

Abstract

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. Second, three internationalisation processes of PTDs are defined and analysed, including states: spreading PTDs into other national and international legal systems; applying related international principles; and ratifying treaties with public trust regimes. Third, three transnationalisation processes of PTDs are defined and analysed, including states: stewarding natural resources beyond their territories; stewarding natural resources for all Earth's inhabitants; and jointly stewarding natural resources with other states and organisations. This article concludes that global PTDs are emerging from recent legislation, litigation and treaties.

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走向全球公共信任理论：国家管理职责的跨国化分析

摘要公共信任理论（PTD）规定，空气、树木和水等自然资源是公民之间的共同财产，因此民族国家应永远管理这些资源。本文为分析和应用PTD应对全球环境问题提供了一个新的概念框架。首先，基于对公共信托奖学金、法律和判决的审查和综合，提供了亚国家、国家和国际层面的PTD概述。其次，定义并分析了PTD的三个国际化过程，包括：将PTD扩展到其他国家和国际法律体系；适用相关国际原则；以及批准具有公共信任制度的条约。第三，定义并分析了PTD的三个跨国化过程，包括国家：将自然资源转移到其领土之外；为地球上的所有居民管理自然资源；与其他国家和组织共同管理自然资源。这篇文章的结论是，全球PTD是从最近的立法、诉讼和条约中产生的。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Transnational Legal Theory Social Sciences-Law

CiteScore

2.10

自引率

0.00%

发文量

期刊介绍： The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.