The Status of Public Trust Doctrine in India

The Status of Public Trust Doctrine in India
Author: Shefali Soni
Publisher:
Total Pages: 28
Release: 2020-04-29
Genre:
ISBN: 9783346204356

Academic Paper from the year 2020 in the subject Politics - Environmental Policy, course: BALLB, language: English, abstract: The public trust doctrine (PTD) is a legal concept with ancient roots, and it is increasingly being examined as a framework for modern conservation. At its core, the PTD is based on the idea that certain natural resources cannot be fairly or effectively managed by private owners. Rather, these resources should be held in trust by government, which must manage their consumptive use and protection on behalf of present and future citizens. Although historically the PTD applied to a limited set of natural resources such as shellfish beds and submerged lands, courts and legal scholars have expanded the definition of trust resources to include wildlife, oceans, and ecosystem services generally. The wide range of interpretations of the PTD is seen as both a weakness (because it leads to uncertainty in property ownership) and a strength (because it can adapt to accommodate emerging science about what it takes to protect ecosystems).

The Public Trust Doctrine in Environmental and Natural Resources Law

The Public Trust Doctrine in Environmental and Natural Resources Law
Author: Michael C. Blumm
Publisher:
Total Pages: 0
Release: 2015
Genre: Conservation of natural resources
ISBN: 9781611637236

To view or download the 2019 Supplement to this book, click here. The public trust doctrine (PTD), an ancient anti-monopoly precept of property law inherited from Roman and civil law, exists in every United States jurisdiction and several international ones. The PTD, originally concerned with navigation and fishing, has emerged as an organizing principle for natural resources management in the twenty-first century, for it posits government trustees as stewards for both present and future generations. This casebook examines the role of the public trust doctrine in managing waterways, wetlands, water rights, wildlife, the atmosphere, and uplands like beaches and parks. The materials are suited for either an upper-division environmental or natural resources law course or a seminar. The second edition includes important new cases, including the Pennsylvania Supreme Court's landmark Robinson Township decision, the Wisconsin Supreme Court's narrowing of the public trust doctrine in Rock Koshkonong, and several recent cases in the atmospheric trust litigation.

Groundwater Law and Management in India

Groundwater Law and Management in India
Author: Sarfaraz Ahmed Khan
Publisher: Springer Nature
Total Pages: 361
Release: 2021-07-23
Genre: Law
ISBN: 9811626170

This book presents a comprehensive analysis of the existing nature of India’s groundwater laws. In the backdrop of the gravity of groundwater crisis that threatens to engulf the country, the book examines the correlation between the imperfections in the law and water crisis and advocates a reform agenda to overhaul the legal framework. It accomplishes this objective by examining how some of the States and Union Territories regulate and manage groundwater through the legal instrumentality against the backdrop of the two conflicting paradigms: the “elitist” and the “egalitarian.” The book’s fundamental premise is that despite being an extraordinarily critical resource that supports India’s burgeoning population’s ever-increasing water demands, groundwater is abused and mismanaged. The key argument that it posits is that the elitist paradigm must give way to an egalitarian one where groundwater is treated as a common property resource. To place this message in perspective, the book’s introduction explains the dichotomy between the two paradigms in the context of groundwater. This sets the stage, after which the book is divided thematically into three parts. The first part deals with some of the general groundwater management concerns brought to the fore by the operation of the elitist paradigm. Since water is constitutionally a State subject, the second part analyses the groundwater legislations of different States and Union Territories set against their unique circumstances. As these laws do not dismantle the elitist paradigm that interlocks groundwater rights to land rights, the next part articulates the legal reform agenda where a case is made to re-engineer groundwater laws to reflect a more sustainable basis. The findings and arguments resonate with the situation in many developing countries around the world due to which the book is a valuable resource for researchers across disciplines studying this area, and also for policy makers, think tanks, and NGOs. Groundwater Management–Inter-state Water Conflicts–Aquifers–Water Markets–Water Security–Water Law Reform–Groundwater Law–Water Law–Sustainable Development–Hydrology

Global Environmental Constitutionalism

Global Environmental Constitutionalism
Author: James R. May
Publisher: Cambridge University Press
Total Pages: 427
Release: 2015
Genre: Business & Economics
ISBN: 1107022258

Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

Wildlife Law

Wildlife Law
Author: David S. Favre
Publisher: Lupus Publications Limited
Total Pages: 540
Release: 1991
Genre: Law
ISBN:

A Qualified Hope

A Qualified Hope
Author: Gerald N. Rosenberg
Publisher: Cambridge University Press
Total Pages: 377
Release: 2019-08-29
Genre: Law
ISBN: 1108474500

Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.

The North American Model of Wildlife Conservation

The North American Model of Wildlife Conservation
Author: Shane P. Mahoney
Publisher: JHU Press
Total Pages: 177
Release: 2019-09-10
Genre: Science
ISBN: 1421432811

The foremost experts on the North American Model of Wildlife Conservation come together to discuss its role in the rescue, recovery, and future of our wildlife resources. At the end of the nineteenth century, North America suffered a catastrophic loss of wildlife driven by unbridled resource extraction, market hunting, and unrelenting subsistence killing. This crisis led powerful political forces in the United States and Canada to collaborate in the hopes of reversing the process, not merely halting the extinctions but returning wildlife to abundance. While there was great understanding of how to manage wildlife in Europe, where wildlife management was an old, mature profession, Continental methods depended on social values often unacceptable to North Americans. Even Canada, a loyal colony of England, abandoned wildlife management as practiced in the mother country and joined forces with like-minded Americans to develop a revolutionary system of wildlife conservation. In time, and surviving the close scrutiny and hard ongoing debate of open, democratic societies, this series of conservation practices became known as the North American Model of Wildlife Conservation. In this book, editors Shane P. Mahoney and Valerius Geist, both leading authorities on the North American Model, bring together their expert colleagues to provide a comprehensive overview of the origins, achievements, and shortcomings of this highly successful conservation approach. This volume • reviews the emergence of conservation in late nineteenth–early twentieth century North America • provides detailed explorations of the Model's institutions, principles, laws, and policies • places the Model within ecological, cultural, and socioeconomic contexts • describes the many economic, social, and cultural benefits of wildlife restoration and management • addresses the Model's challenges and limitations while pointing to emerging opportunities for increasing inclusivity and optimizing implementation Studying the North American experience offers insight into how institutionalizing policies and laws while incentivizing citizen engagement can result in a resilient framework for conservation. Written for wildlife professionals, researchers, and students, this book explores the factors that helped fashion an enduring conservation system, one that has not only rescued, recovered, and sustainably utilized wildlife for over a century, but that has also advanced a significant economic driver and a greater scientific understanding of wildlife ecology. Contributors: Leonard A. Brennan, Rosie Cooney, James L. Cummins, Kathryn Frens, Valerius Geist, James R. Heffelfinger, David G. Hewitt, Paul R. Krausman, Shane P. Mahoney, John F. Organ, James Peek, William Porter, John Sandlos, James A. Schaefer

Riparian Areas

Riparian Areas
Author: National Research Council
Publisher: National Academies Press
Total Pages: 449
Release: 2002-10-10
Genre: Science
ISBN: 0309082951

The Clean Water Act (CWA) requires that wetlands be protected from degradation because of their important ecological functions including maintenance of high water quality and provision of fish and wildlife habitat. However, this protection generally does not encompass riparian areasâ€"the lands bordering rivers and lakesâ€"even though they often provide the same functions as wetlands. Growing recognition of the similarities in wetland and riparian area functioning and the differences in their legal protection led the NRC in 1999 to undertake a study of riparian areas, which has culminated in Riparian Areas: Functioning and Strategies for Management. The report is intended to heighten awareness of riparian areas commensurate with their ecological and societal values. The primary conclusion is that, because riparian areas perform a disproportionate number of biological and physical functions on a unit area basis, restoration of riparian functions along America's waterbodies should be a national goal.