Abstract
ABSTRACT Public trust doctrines (PTDs) provide that natural resources, like air, trees and water, are common, shared property among citizens and therefore nation states should perpetually steward them. This article contributes a new conceptual framework for analysing and applying PTDs against global environmental issues. First, based on a review and synthesis of public trust scholarship, laws and judgments, an overview of PTDs across sub-national, national and international levels is provided. Second, three internationalisation processes of PTDs are defined and analysed, including states: spreading PTDs into other national and international legal systems; applying related international principles; and ratifying treaties with public trust regimes. Third, three transnationalisation processes of PTDs are defined and analysed, including states: stewarding natural resources beyond their territories; stewarding natural resources for all Earth's inhabitants; and jointly stewarding natural resources with other states and organisations. This article concludes that global PTDs are emerging from recent legislation, litigation and treaties.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
