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.
This book is about fiduciary law’s influence on the financial economy’s environmental performance, focusing on how the law affects responsible investing and considering possible legal reforms to shift financial markets closer towards sustainability. Fiduciary law governs how trustees, fund managers or other custodians administer the investment portfolios owned by beneficiaries. Written for a diverse audience, not just legal scholars, the book examines in a multi-jurisdictional context an array of philosophical, institutional and economic issues that have shaped the movement for responsible investing and its legal framework. Fiduciary law has acquired greater influence in the financial economy in tandem with the extraordinary recent growth of institutional funds such as pension plans and insurance company portfolios. While the fiduciary prejudice against responsible investing has somewhat waned in recent years, owing mainly to reinterpretations of fiduciary and trust law, significant barriers remain. This book advances the notion of ‘nature’s trust’ to metaphorically signal how fiduciary responsibility should accommodate society’s dependence on long-term environmental well-being. Financial institutions, managing vast investment portfolios on behalf of millions of beneficiaries, should manage those investments with regard to the broader social interest in sustaining ecological health. Even for their own financial self-interest, investors over the long-term should benefit from maintaining nature’s capital. We should expect everyone to act in nature’s trust, from individual funds to market regulators. The ancient public trust doctrine could be refashioned for stimulating this change, and sovereign wealth funds should take the lead in pioneering best practices for environmentally responsible investing.
To view or download the 2019 Supplement to this book, click here. The public trust doctrine (PTD), an ancient anti-monopoly precept of property law inherited from Roman and civil law, exists in every United States jurisdiction and several international ones. The PTD, originally concerned with navigation and fishing, has emerged as an organizing principle for natural resources management in the twenty-first century, for it posits government trustees as stewards for both present and future generations. This casebook examines the role of the public trust doctrine in managing waterways, wetlands, water rights, wildlife, the atmosphere, and uplands like beaches and parks. The materials are suited for either an upper-division environmental or natural resources law course or a seminar. The second edition includes important new cases, including the Pennsylvania Supreme Court's landmark Robinson Township decision, the Wisconsin Supreme Court's narrowing of the public trust doctrine in Rock Koshkonong, and several recent cases in the atmospheric trust litigation.
In this "meticulously researched" account (New York Times Book Review), a Pulitzer Prize-winning author examines the dangers of a failing public health system unequipped to handle large-scale global risks like a coronavirus pandemic. The New York Times bestselling author of The Coming Plague, Laurie Garrett takes on perhaps the most crucial global issue of our time in this eye-opening book. She asks: is our collective health in a state of decline? If so, how dire is this crisis and has the public health system itself contributed to it? Using riveting detail and finely-honed storytelling, exploring outbreaks around the world, Garrett exposes the underbelly of the world's globalization to find out if it can still be assumed that government can and will protect the people's health, or if that trust has been irrevocably broken. "A frightening vision of the future and a deeply unsettling one . . . a sober, scary book that not only limns the dangers posed by emerging diseases but also raises serious questions about two centuries' worth of Enlightenment beliefs in science and technology and progress." -- Michiko Kakutani, The New York Times
Trust is a fundamental concept in modern society. This book provides current findings of trust research from various disciplines: communication studies, information systems, educational and organizational psychology, sports psychology and economics. The volume analyses how trust relationships have changed and are still changing under the influence of digitalization. In addition to presenting the current state of research, the implications for trust relationships in the digital world are examined. The book brings together empirical findings with the implications for media, business, sports and science. It is of value to interdisciplinary researchers and graduate students.
From the mountains of Wales and the Lake District to the flower-studded meadows of East Anglia, this gazetteer provides a site-by-site guide to over 150 wildlife reserves in Trust ownership highlighting the plant and animal life to be found at each site. It looks at the ten key habitats that make up the landscape, focusing on the areas that fall under the protection of the Trust. Each chapter offers an insight into the way a habitat has evolved and the effect that man has had upin it. It descreibes the flowers, birds, animals and othr wildlife associated with the habitat and looks at the conservation measures to protect them.
Land trusts, or conservancies, protect land by owning it. Although many people are aware of a few large land trusts--The Nature Conservancy and the Trust for Public Land, for instance--there are now close to 1,300 local trusts, with more coming into being each month. American land trusts are diverse, shaped by their missions and adapted to their local environments. Nonetheless, all land trusts are private, non-profit organizations for which the acquisition and protection of land by direct action is the primary or sole mission. Nonconfrontational and apolitical, land trusts work with willing land owners in voluntary transactions. Although land trusts are the fastest-growing and most vital part of the land conservation movement today, this model of saving land by private action has become dominant only in the past two decades. Brewer tells why the advocacy model--in which private groups try to protect land by promoting government purchase or regulation-- in the 1980s was eclipsed by the burgeoning land trust movement. He gives the public a much-needed primer on what land trusts are, what they do, how they are related to one another and to other elements of the conservation and environmental movements, and their importance to conservation in the coming decades. As Brewer points out, unlike other land-saving measures, land trust accomplishments are permanent. At the end of a cooperative process between a landowner and the local land trust, the land is saved in perpetuity. Brewer's book, the first comprehensive treatment of land trusts, combines a historical overview of the movement with more specific information on the different kinds of land trusts that exist and the problems they face. The volume also offers a "how-to" approach for persons and institutions interested in donating, selling, or buying land, discusses four major national land trusts (The Nature Conservancy, Trust for Public Land, American Farmland Trust, and Rails-to-Trails Conservancy); and gives a generous sampling of information about the activities and accomplishments of smaller, local trusts nationwide. Throughout, the book is enriched by historical narrative, analysis of successful land trusts, and information on the how and why of protecting land, as well as Brewer's intimate knowledge of ecological systems, biodiversity, and the interconnectedness of human and non-human life forms. Conservancy is a must-read volume for people interested in land conservation--including land trust members, volunteers and supporters--as well as anyone concerned about land use and the environment.
Despite its immense significance and ubiquity in our everyday lives, the complex workings of trust are poorly understood and theorized. This volume explores trust and mistrust amidst locally situated scenes of sociality and intimacy. Because intimacy has often been taken for granted as the foundation of trust relations, the ethnographies presented here challenge us to think about dangerous intimacies, marked by mistrust, as well as forms of trust that cohere through non-intimate forms of sociality.
Trust is central to our social lives. We know by trusting what others tell us. We act on that basis, and on the basis of trust in their promises and implicit commitments. So trust underpins both epistemic and practical cooperation and is key to philosophical debates on the conditions of its possibility. It is difficult to overstate the significance of these issues. On the practical side, discussions of cooperation address what makes society possible-of how it is that life is not a Hobbesian war of all against all. On the epistemic side, discussions of cooperation address what makes the pooling of knowledge possible-and so the edifice that is science. But trust is not merely central to our lives instrumentally; trusting relations are themselves of great value, and in trusting others, we realise distinctive forms of value. What are these forms of value, and how is trust central to our lives? These questions are explored and developed in this volume, which collects fifteen new essays on the philosophy of trust. They develop and extend existing philosophical discussion of trust and will provide a reference point for future work on trust.
