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Introduction | |
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Should Trees Have Standing?: Toward Legal, Rights Fob Natural Objects | |
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Introduction: The Unthinkable | |
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Toward Rights for the Environment | |
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The Legal-Operational Aspects | |
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What It Means to Be a Holder of Legal Rights | |
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The Rightlessness of Natural Objects at Common Law | |
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Toward Having Standing in Its Own Right | |
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Toward Recognition of Its Own Injuries | |
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Toward Being a Beneficiary in Its Own Right | |
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Toward Rights in Substance | |
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Do We Really Have to Put It That Way? | |
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The Psychic and Socio-Psychic Aspects | |
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Does the Climate Have Standing? | |
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The Climate as Client | |
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The Law of Standing: An Overview | |
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Duty Owing and Zone of Interests | |
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Injury in Fact | |
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Causation | |
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Redressability | |
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Standing to Force Disclosures | |
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Standing's Many Fronts | |
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Ordinary Standing for "Ordinary" Economic Injury | |
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Rights-Based Claims | |
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Executive Standing in International Affairs | |
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Citizens' Standing to Force the Executive's Hand in Foreign Affairs | |
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Citizens' Standing to Force the Executive's Hand in Domestic Affairs | |
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Standing by a Designated Trustee | |
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Citizens' Standing to Force the Trustee's Hand | |
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Citizens' Standing without Statutory Basis (Public Trust Doctrine) | |
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Standing of Noncitizens | |
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Suits in the Name of Natural Objects | |
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Existing Law | |
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Could Standing for Nonhumans Be Expanded? | |
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Would Expanded Standing in the Name of Nonhumans Make Any Difference? | |
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Filing Suits on Behalf of Nature Is a Better Fit with the Real Grievances | |
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Suits on Behalf of Nature Are Better Suited to Moral Development | |
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Is Legal Representation on Behalf of Animals and Nature Really Feasible? | |
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The Advantages of Special, Statutorily Provided Guardians and Trustees | |
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The Guardian Approach May Be Superior to the Alternative Standing Strategies from the Perspective of Subsequent Preclusion Doctrines | |
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Advance Warning: The "Canary in the Mine" Rationale | |
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Protecting Third-Party Interests in Negotiations and Settlements | |
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So, Where Do We Stand on Climate Change? | |
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Why Has Progress Seemed So Slow? | |
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What Role Could Climate-Related Litigation Play? | |
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Agriculture and the Environment: Challenges for the New Millennium | |
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Background | |
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The Historical Impact of Agriculture | |
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Aquaculture | |
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The Challenges | |
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Feeding Humanity | |
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Making Farmland Sustainable | |
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Reducing Agriculture's Environmentally Damaging Spillover Effects | |
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Tempering Conscription of the Nonagricultural Landscape | |
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The Promises and Threats of Technology | |
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Some Proposed Responses | |
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Sustaining Farmland | |
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Off-Farm Damage | |
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Reducing Pressure to Conscript the Nonagricultural Landscape | |
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Responding to Technological Innovation | |
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Conclusion | |
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Can the Oceans be Harbored? | |
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A Four-Step Plan for the Twenty-First Century | |
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The Fishing Sector | |
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The Fundamental Model: What Is Going Wrong? | |
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Step 1: Eliminate or Reduce Harvest-Increasing Subsidies | |
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Step 2: Improve and Extend Resource Management | |
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Step 3: Charge for Use | |
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Step 4: An Oceanic Trust, Fund | |
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Nonfishing Extraction Sectors | |
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Ocean Inputs | |
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A Guardian for the Oceans | |
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Conclusion | |
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Should We Establish A Guardian for Future Generations? | |
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Background: The Maltese Proposal | |
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Are Future Persons Really Voiceless? | |
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For Whom (or What) Should a Guardian Speak? | |
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Are the Moral Arguments Disparaging the Rights of Future Generations Critical to the Guardianship Proposal? | |
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Which "Future Generation" Is the Guardian's Principal? | |
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Who Should Serve as Guardian? | |
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Where Should a Guardian Be Situated? | |
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What Official Functions Should the Guardian Serve? | |
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What Should Be the Guardian's Objectives? | |
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Resource-Regarding Standards | |
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Utility-Regarding Standards | |
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Efficient Level of Harm and Harm-Avoidance | |
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Precaution Against Selected Calamities and Safeguarding Specific Assets | |
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Avoiding "Irreversible Harm" | |
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Conclusion | |
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Reflections on "Sustainable Development" | |
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The Underlying Geopolitical Strains | |
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What Are Our Obligations to the Future? | |
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Sustainable Development as a Welfare-Transfer Constraint | |
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Sustainable Development as Preservationism | |
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The Rights of the Living | |
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How To Heal the Planet | |
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Introduction | |
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Invasion of Territories | |
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Who Is Responsible? | |
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A Voice for the Environment: Global Commons Guardians | |
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A Case for Seals | |
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Financing the Repair: The Global Commons Trust Fund | |
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Implementing a Global Commons Trust Fund | |
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The Oceans | |
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The Atmosphere | |
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Space | |
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Biodiversity | |
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Areas in Need of the Global Commons Trust Fund | |
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Conclusion | |
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Is Environmentalism Dead? | |
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Introduction | |
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What Movement, Exactly, Is Faltering, and What Should Our Expectations Be? | |
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Indicators of Success and Failure | |
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Indices of Public Knowledge: Environmental Literacy | |
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Indicesof Attitudes and Preferences | |
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Indices of Willingness to Contribute to Environmental Groups | |
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Indices of Environmentally-Sensitized Individual Action | |
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Indices of Influence on Lawmaking | |
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Public Sector Funding | |
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Litigation | |
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Indices of Miscellaneous Actions | |
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Actual (Direct) Indicators of Environmental Health | |
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Self-Presentation | |
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Alarmism | |
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Image | |
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Conclusion | |
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Epilogue | |
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Notes | |
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Index | |