This book examines the trust concepts and institutions which may be employed to ensure that a healthy environment is passed onto future generations. Following initial consideration of the desirability of using the private law mechanism of the trust, and trust funds, for environmental purposes, the book examines the domestic law concepts of private, charitable and public trusts in an environmental context. Attention then turns to the development of the trust concept on the international law plane, with particular focus on the novel concept of an intergenerational trust. Embodying the legal articulation of sustainable development and embracing both intra- and inter-generational equity, it is this form of the trust concept which has the greatest resonance for international environmental law. This book will be of particular interest to academics, students and practitioners of international, comparative and national environmental law and politics.
Catherine Redgwell, formerly Senior Lecturer in Law at the University of Nottingham, is now University Lecturer in Public International Law and Fellow of St. Peter's College, Oxford. Within the broad field of public international law her particular interests lie in the international environmental law, treaty law, and energy law fields. She is the co-editor of International Law and the Conservation of Biological Diversity (Kluwer, 1996) and of Energy Law in Europe: National, EU and International Law and Institutions (OUP: 2001). Her present research is concerned with locating international environmental treaties within the broader context of public international law. This is the focus of a major update of Lyster's International Wildlife Law for Cambridge University Press in conjunction with two former colleagues from Nottingham. Treaty law is also the focus of his continuing work as Rapporteur for the International Law Association's British Branch Committee on the Law of Treaties. She is also a regular contributor to Daintith and Willoughby's Oil and Gas Law. She also serves on the editorial boards of a number of journals including Environmental Liability, The International Environmental Law Reports and Non-State Actors and The Development of International Law.
"A fascinating insight into municipal and international law issued concerning the law of trusts. An ultimate work on trusts as a tool of environmental protection. It is a faultlessly researched study with innovative ideas. Written in a clear and accessible manner thus making it possible for non-common law lawyers to understand the complicated subject of trust in national law."
- International and Comparative Law Quarterly.
"A well research text. The book continues with a thorough review of academic works on the principle of intergenerational equity. Redgwell's text serves as a useful treatise on the use of trusts for continued and sustainable environmental protection. The content of the book is well documented, with extensive references to its sources and useful tables and indices. The concepts maintain their applicability, and will prove valuable to anyone seeking information on the issues."
- Journal of Environmental Law
"Catherine Redgwell's book is to be warmly recommended to all persons interested in a pioneering exploration of legal concepts and institutions such as the trust. Moreover, a table of cases, as well as the abundant literature quoted in footnotes, make this book a very useful tool for exploring such a concept."
- Review of European Community and International Environment Law (RECIEL)