The Public Trust Doctrine, Environmental Human Rights, and the Future of Private Property
Year: 2008
Type: article
Abstract: A dynamic tension has long existed between those who would circumscribe the Earth's bounty for private use and those who would carefully allot and safeguard Earth's riches to satisfy human needs. The 1500-year old Public Trust Doctrine, and the much more recent movement to protect Environmental Human Rights, both express in law a belief that some resources should never be sequestered for private use, must be left for the public’s enjoyment, and must be stewarded by those in power. This paper explores the differences and synergies between the Public Trust Doctrine and Environmental Human rights, and explores how these doctrines constrain what counts as “private,” “property,” and “ownership,” with extensive analysis from the doctrines' uses in India, South Africa, California, and Pennsylvania.
Source: bepress Legal Repository
Author: Dávid Takács
Institution: University of California Hastings College of the Law
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W103698356