The application of the public trust doctrine in united states: The protection of the commons and the conservation of the environment

Abstract

In the protection of the commons in the United States from the 19th century to the present, the public trust doctrine has played a determining role. This doctrine, inheriting from the Roman legal tradition, bases its conceptual structure on a trust relationship between agent and principal, and it was initially invoked to safeguard the common property from its enclosure and privatization. Over the years, it has become a key legal instrument for environmental protection. In this article I give an account of its evolution and current application.