Analyze on the Legal Subjects of Environmental Protection with Public Trust Doctrine

Linsha Li; Lingchun Meng

doi:doi:10.11648/j.ijema.20140203.13

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Analyze on the Legal Subjects of Environmental Protection with Public Trust Doctrine

Linsha Li, Lingchun Meng

Published in International Journal of Environmental Monitoring and Analysis (Volume 2, Issue 3)

Received: 17 April 2014 Accepted: 23 May 2014 Published: 30 June 2014

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Abstract

The public trust doctrine is just like a precious stone, which originates from the English law and even the Roman law earlier. And it realizes the limitation on the administrative behavior and the ecological protection in the American environmental protection practice. It is used in more and more occasions, and turns to the jewel shining on the crown of environmental law. The doctrine clarifies that the administrative power is authorized by the public. The settlor is the public, and the government is entrusted. The public as the settlor and beneficiary possess the right to earnings of trust property. As the trustee, the government has the right of managing and disposing the property which bases on protecting the public benefit. Nowadays, the doctrine has turned into an important legal principle aiming at environmental protection. It includes not only the primary obligation to protect environment of the government, but the privilege of the citizen to ask the government for fulfilling its duty. The core of the theory lies in restricting the administrative power and maximizing the public benefit. Most damage caused by the environmental pollution can be avoided by the subjects taking their responsibility actively.

Published in	International Journal of Environmental Monitoring and Analysis (Volume 2, Issue 3)
DOI	10.11648/j.ijema.20140203.13
Page(s)	145-150
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2014. Published by Science Publishing Group

Keywords

Public Trust Doctrine, Environmental Protection, Settlor, Trustee, Beneficiary

References

[1]	The Institutes of Justinian, LIB.Ⅱ. TIT.Ⅰ.1
[2]	Joseph L. Sax，The public Trust Doctrine in Natural Resource Law: Effective Judicial Intervention，Michigan Law review, pp.474. pp.477
[3]	Oxford Dictionary of Law, Oxford University Press, fifth edition, 2003, pp.397.
[4]	Black’s Law Dictionary, 8th ed. 2004, pp.3889.
[5]	Arnold v. Mundy, 6 N.J.L. 1, 53 (1821)
[6]	Raleigh Avenue Beach Association v. Atlantic Beach Club, Inc., et al.325（2005）
[7]	Illinois Central Railroad Company v. Illinois, 146 U. S. 435、436、389(1896)
[8]	National Audubon Society v. Superior Court, 33 Cal. 3d 425、426、437、441 (1983)
[9]	Natural Resources and Environmental Protection Act, Act 451 of 1994，324.1701，324.31514，324.32515，324.63207，324.71108
[10]	Constitution of the Commonwealth of Pennsylvania, Section 27
[11]	The National Environmental Policy Act of 1969, Sec101 (b)1
[12]	Clean Air Act，7604(a)
[13]	Black’s Law Dictionary, 8th ed. 2004, pp.3883.
[14]	http://www.charitycommission.gov.uk/detailed-guidance/charitable-purposes-and-public-benefit/public-benefit-the-public-benefit-requirement-pb1/part-2-what-for-the-public-benefit-means/
[15]	Geoffrey Brennan, James M. Buchanan, The reason of Rules: Constitutional Political Economy, Cambridge University Press, 1985, pp.31
[16]	Tennessee Valley Auth. v. Hill, 437 U.S. 155 (1978)

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APA Style

Linsha Li, Lingchun Meng. (2014). Analyze on the Legal Subjects of Environmental Protection with Public Trust Doctrine. International Journal of Environmental Monitoring and Analysis, 2(3), 145-150. https://doi.org/10.11648/j.ijema.20140203.13

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ACS Style

Linsha Li; Lingchun Meng. Analyze on the Legal Subjects of Environmental Protection with Public Trust Doctrine. Int. J. Environ. Monit. Anal. 2014, 2(3), 145-150. doi: 10.11648/j.ijema.20140203.13

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AMA Style

Linsha Li, Lingchun Meng. Analyze on the Legal Subjects of Environmental Protection with Public Trust Doctrine. Int J Environ Monit Anal. 2014;2(3):145-150. doi: 10.11648/j.ijema.20140203.13

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@article{10.11648/j.ijema.20140203.13,
  author = {Linsha Li and Lingchun Meng},
  title = {Analyze on the Legal Subjects of Environmental Protection with Public Trust Doctrine},
  journal = {International Journal of Environmental Monitoring and Analysis},
  volume = {2},
  number = {3},
  pages = {145-150},
  doi = {10.11648/j.ijema.20140203.13},
  url = {https://doi.org/10.11648/j.ijema.20140203.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijema.20140203.13},
  abstract = {The public trust doctrine is just like a precious stone, which originates from the English law and even the Roman law earlier. And it realizes the limitation on the administrative behavior and the ecological protection in the American environmental protection practice. It is used in more and more occasions, and turns to the jewel shining on the crown of environmental law. The doctrine clarifies that the administrative power is authorized by the public. The settlor is the public, and the government is entrusted. The public as the settlor and beneficiary possess the right to earnings of trust property. As the trustee, the government has the right of managing and disposing the property which bases on protecting the public benefit. Nowadays, the doctrine has turned into an important legal principle aiming at environmental protection. It includes not only the primary obligation to protect environment of the government, but the privilege of the citizen to ask the government for fulfilling its duty. The core of the theory lies in restricting the administrative power and maximizing the public benefit. Most damage caused by the environmental pollution can be avoided by the subjects taking their responsibility actively.},
 year = {2014}
}

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TY  - JOUR
T1  - Analyze on the Legal Subjects of Environmental Protection with Public Trust Doctrine
AU  - Linsha Li
AU  - Lingchun Meng
Y1  - 2014/06/30
PY  - 2014
N1  - https://doi.org/10.11648/j.ijema.20140203.13
DO  - 10.11648/j.ijema.20140203.13
T2  - International Journal of Environmental Monitoring and Analysis
JF  - International Journal of Environmental Monitoring and Analysis
JO  - International Journal of Environmental Monitoring and Analysis
SP  - 145
EP  - 150
PB  - Science Publishing Group
SN  - 2328-7667
UR  - https://doi.org/10.11648/j.ijema.20140203.13
AB  - The public trust doctrine is just like a precious stone, which originates from the English law and even the Roman law earlier. And it realizes the limitation on the administrative behavior and the ecological protection in the American environmental protection practice. It is used in more and more occasions, and turns to the jewel shining on the crown of environmental law. The doctrine clarifies that the administrative power is authorized by the public. The settlor is the public, and the government is entrusted. The public as the settlor and beneficiary possess the right to earnings of trust property. As the trustee, the government has the right of managing and disposing the property which bases on protecting the public benefit. Nowadays, the doctrine has turned into an important legal principle aiming at environmental protection. It includes not only the primary obligation to protect environment of the government, but the privilege of the citizen to ask the government for fulfilling its duty. The core of the theory lies in restricting the administrative power and maximizing the public benefit. Most damage caused by the environmental pollution can be avoided by the subjects taking their responsibility actively.
VL  - 2
IS  - 3
ER  -

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Author Information

Linsha Li

School of international education, Shanghai Jiao Tong University, Shanghai, China
Lingchun Meng

School of international education, Shanghai Jiao Tong University, Shanghai, China

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APA Style

Linsha Li, Lingchun Meng. (2014). Analyze on the Legal Subjects of Environmental Protection with Public Trust Doctrine. International Journal of Environmental Monitoring and Analysis, 2(3), 145-150. https://doi.org/10.11648/j.ijema.20140203.13

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ACS Style

Linsha Li; Lingchun Meng. Analyze on the Legal Subjects of Environmental Protection with Public Trust Doctrine. Int. J. Environ. Monit. Anal. 2014, 2(3), 145-150. doi: 10.11648/j.ijema.20140203.13

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AMA Style

Linsha Li, Lingchun Meng. Analyze on the Legal Subjects of Environmental Protection with Public Trust Doctrine. Int J Environ Monit Anal. 2014;2(3):145-150. doi: 10.11648/j.ijema.20140203.13

Copy | Download

@article{10.11648/j.ijema.20140203.13,
  author = {Linsha Li and Lingchun Meng},
  title = {Analyze on the Legal Subjects of Environmental Protection with Public Trust Doctrine},
  journal = {International Journal of Environmental Monitoring and Analysis},
  volume = {2},
  number = {3},
  pages = {145-150},
  doi = {10.11648/j.ijema.20140203.13},
  url = {https://doi.org/10.11648/j.ijema.20140203.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijema.20140203.13},
  abstract = {The public trust doctrine is just like a precious stone, which originates from the English law and even the Roman law earlier. And it realizes the limitation on the administrative behavior and the ecological protection in the American environmental protection practice. It is used in more and more occasions, and turns to the jewel shining on the crown of environmental law. The doctrine clarifies that the administrative power is authorized by the public. The settlor is the public, and the government is entrusted. The public as the settlor and beneficiary possess the right to earnings of trust property. As the trustee, the government has the right of managing and disposing the property which bases on protecting the public benefit. Nowadays, the doctrine has turned into an important legal principle aiming at environmental protection. It includes not only the primary obligation to protect environment of the government, but the privilege of the citizen to ask the government for fulfilling its duty. The core of the theory lies in restricting the administrative power and maximizing the public benefit. Most damage caused by the environmental pollution can be avoided by the subjects taking their responsibility actively.},
 year = {2014}
}

Copy | Download

TY  - JOUR
T1  - Analyze on the Legal Subjects of Environmental Protection with Public Trust Doctrine
AU  - Linsha Li
AU  - Lingchun Meng
Y1  - 2014/06/30
PY  - 2014
N1  - https://doi.org/10.11648/j.ijema.20140203.13
DO  - 10.11648/j.ijema.20140203.13
T2  - International Journal of Environmental Monitoring and Analysis
JF  - International Journal of Environmental Monitoring and Analysis
JO  - International Journal of Environmental Monitoring and Analysis
SP  - 145
EP  - 150
PB  - Science Publishing Group
SN  - 2328-7667
UR  - https://doi.org/10.11648/j.ijema.20140203.13
AB  - The public trust doctrine is just like a precious stone, which originates from the English law and even the Roman law earlier. And it realizes the limitation on the administrative behavior and the ecological protection in the American environmental protection practice. It is used in more and more occasions, and turns to the jewel shining on the crown of environmental law. The doctrine clarifies that the administrative power is authorized by the public. The settlor is the public, and the government is entrusted. The public as the settlor and beneficiary possess the right to earnings of trust property. As the trustee, the government has the right of managing and disposing the property which bases on protecting the public benefit. Nowadays, the doctrine has turned into an important legal principle aiming at environmental protection. It includes not only the primary obligation to protect environment of the government, but the privilege of the citizen to ask the government for fulfilling its duty. The core of the theory lies in restricting the administrative power and maximizing the public benefit. Most damage caused by the environmental pollution can be avoided by the subjects taking their responsibility actively.
VL  - 2
IS  - 3
ER  -

Copy | Download