trust law (Essay Sample)

Trust Law Name Institution Course Date The highlighted statement implies that the enforceable fiduciary duties of the judiciary are essential in the protection of the rights of indigenous people. A fiduciary duty can be described as the legal obligation for one to act in the best interest of another individual or entity. In this respect, the said obligation is generally imposed on authorities or powerful institutions that control the use and ownership of resources. Judicially enforceable fiduciary duties come with a number of advantages. For instance, they inform a clear legal framework based on which the rights of indigenous people are protected. In this regard, the authorities are obliged to enforce laws that protect human rights. The fiduciary duties are especially important when the government or relevant bodies are taking the necessary steps to protect the interests of indigenous people in society.[Nicole, Roughan, and Kirsty Gover, "The Fiduciary Crown: The Private Duties Of Public Actors In State Indigenous Relationships," Fiduciaries and Trust Ethics, Politics, Economics and Law (2020).] Nonetheless, the said approach has its share of shortcomings. For instance, the judicially enforceable fiduciary duties could be hard to enforce in real life. This issue is expounded in nations with ineffective judicial systems. Additionally, it is argued that focusing only on legal frameworks may not fully address the complex socioeconomic and political challenges that indigenous people encounter in their day-to-day lives. Also, the approach may result in the duplication of duties, whereby the authorities reinforce the power dynamics that already exist instead of empowering the marginalised communities.[Claire, Charters, "Wakatu in Peripheral Vision: Maori Rights-Based Judicial Review of the Executive and the Courts' Approach to the United Nations Declaration on the Rights of Indigenou...