Abstract
This Article contends that a fiduciary theory of public authority yields a human right to a healthy environment. Under the fiduciary theory, states owe extra-territorial non-citizens a legal duty to protect the earth’s atmosphere, a duty that is correlative to every person’s human right to a healthy environment. An implication of the fiduciary model is that states stand in the position of joint fiduciaries vis-a-vis humanity at large. The subject matter of the joint fiduciary relationship is the earth’s atmosphere.
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