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Issue title: Our Earth Matters: Pathways to a Better Common Environmental Future – Part 2
Guest editors: Bharat H. Desai
Article type: Research Article
Authors: Desai, Bharat H.; *
Affiliations: Jawaharlal Nehru Chair and Professor of International Law, Jawaharlal Nehru University, New Delhi, India
Correspondence: [*] Corresponding author. E-mail: desai@jnu.ac.in.
Note: [1] This article is derived and excerpted from the earlier version published in Environmental Policy & Law, vol. 48, no. 6, 2018, pp. 333–344.
Abstract: Reviving the United Nations Trusteeship Council (UNTC) and the evolution of the idea of trust in the global domain underscores that there are places, territories, and areas known as ‘global commons’ that require special and careful nurturing. The TC under the UN Charter sought to continue the spirit and essence of the ‘sacred trust’ with a ‘new mandate,’ even as it now lies dormant since 1994. From a scholarly perspective, such a move eminently makes sense since it could bring to life an entity within the UN. It will essentially serve as a guardian of the global ‘common concerns’ and ‘common heritage of mankind’ as well as the global environment. It would serve as a trustee for the present and future generations of humankind. A revived TC with a new mandate (for the environment and the global commons) could strengthen the UN and vindicate one of the core purposes for which the ‘United Nations’ came together (in 1945) with a solemn resolve “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained”
Keywords: United Nations, Trusteeship Council, sacred trust, global environment, new mandate, common concerns, global commons
DOI: 10.3233/EPL-219011
Journal: Environmental Policy and Law, vol. 51, no. 1-2, pp. 97-109, 2021
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