ABSTRACT

The climate protection movement has had no difficulty in articulating the moral dimensions of climate destruction, but it has had a harder time finding a legal frame to define its objectives and legitimate its actions. According to leading climate scientists such as Dr. James Hansen, reducing atmospheric carbon to 350 ppm or less is necessary to avoid catastrophic climate change. As compelling as the logic of the 'atmospheric public trust' argument may be, it is easy to imagine that many American courts will refuse to force governments to meet such obligations. Two legal duties arise from this relationship. First is 'the sovereign duty', Second is 'the duty owed by each nation towards all other nations, arising from the sovereign co tenancy relationship'. Ultimately, protecting the public trust is a duty as members of the public owe us, each other, and future generations.