ClientEarth’s interpretation of fiduciary duty has never been applied before, says Marjanac, but she is confident that will change. “Fiduciary duty is about prudent risk management. Human rights are about the inherent dignity of the individual. The crises of the modern world are the climate crisis and the biodiversity crisis. It’s only natural that the law will step up and adapt.”
IN THE CASE of the Torres Strait islanders, Marjanac and ClientEarth turned to Article 27 of the Universal Declaration of Human Rights, which protects an individual’s right to participate in and enjoy their culture.
Article 27 was originally designed to protect minority groups against genocide and colonial mismanagement in the
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