The Public Trust Doctrine

THE PUBLIC TRUST DOCTRINE
The Public Trust Doctrine is a legal principle that holds certain natural
resources in trust for the public, and mandates that the government, as
trustee, must protect and manage those resources for the benefit of the
public. This doctrine is based on the idea that natural resources—such as air,
water, and land—are essential to the well-being and survival of society, and
should be preserved for the use and enjoyment of future generations.
Key Concepts of the Public Trust Doctrine:
1. Natural Resources as Public Trust Assets: Under the Public Trust

Doctrine, resources that are vital for the public good—such as
navigable waters, forests, beaches, wildlife, and other common
resources—are considered to be held in trust by the government for
the benefit of all citizens. These resources cannot be privatized or
exploited solely for individual gain but must be managed for the
public's benefit, including future generations.
2. Government as Trustee: The government acts as the trustee of
these resources, and it has a legal duty to protect, conserve, and
ensure that these resources are used sustainably. The government is
expected to regulate and manage natural resources in a manner that
respects the rights of the public and the ecological balance of those
resources.
3. Intergenerational Equity: The doctrine emphasizes the need for
intergenerational equity, meaning that the resources must be
preserved not just for current generations, but also for future
generations. This underlines the importance of sustainable
development and environmental conservation.
4. Public Access and Use: The doctrine asserts that the public should
have access to and the right to use certain natural resources. These
resources must be preserved for common use, and the government
has an obligation to ensure that public access is not unduly restricted,
except in certain cases for the protection of the environment or the
public good.
Historical Origins:
The Public Trust Doctrine has its origins in Roman law, where certain
resources like air, water, and the sea were considered to be owned by all
citizens. It was later incorporated into English common law and further
evolved in the United States.
In the U.S., the doctrine was first applied in the 19th century to ensure public
access to navigable waters and the shorelines. It has since expanded to
include the protection of other environmental resources. The most well-
known early case is the U.S. Supreme Court case Illinois Central Railroad v.
Illinois (1892), which affirmed that state governments could not relinquish
public control over the Great Lakes, as these waters were held in trust for
the public.
The Public Trust Doctrine in Uganda:
In Uganda, the Public Trust Doctrine is not explicitly stated in the

Constitution, but it is deeply embedded in Uganda’s environmental laws and
legal principles. The Constitution of Uganda, in Articles 39 and 245,
enshrines the right to a clean and healthy environment and the role of the
government in environmental management. Uganda's adoption of
international environmental principles, including sustainable development,
also aligns with the Public Trust Doctrine.
Key Features of Uganda’s Application of the Public Trust Doctrine:
1. Environmental Resources in Trust: As in many countries, natural

resources in Uganda, such as forests, water bodies, land, and wildlife,
can be seen as public trust resources. These are critical for sustaining
the livelihoods of communities and supporting the ecological balance
necessary for survival.
2. National Environment Management Authority (NEMA): NEMA
plays a role similar to that of a trustee by overseeing the management
and protection of Uganda's natural resources. NEMA enforces
environmental regulations, conducts environmental impact
assessments, and ensures compliance with sustainable development
principles.
3. Sustainable Development: Uganda is committed to sustainable
development, as reflected in its National Environment Act, which aims
to balance resource use and environmental conservation for both
current and future generations.
4. Public Participation: The Public Trust Doctrine also emphasizes
public participation in decision-making processes related to
environmental resources. In Uganda, this is evident in the legal
framework that allows communities to be involved in environmental
planning and decision-making through consultations and public
hearings.
The Public Trust Doctrine in International Law:
The principle of the Public Trust Doctrine has also been recognized in
international law. Some international instruments, such as the United
Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
and various treaties addressing environmental protection, imply the need for
governments to act as trustees of natural resources for the benefit of the
people and future generations.
 The Rio Declaration on Environment and Development (1992)

emphasizes the integration of environmental protection into
development and recognizes the need to safeguard resources for
future generations.
 The Paris Agreement on Climate Change (2015) further
underscores the importance of intergenerational equity and the
obligation of governments to take actions that reduce climate change
for the sake of future generations.
The Public Trust Doctrine in Action: Legal Precedents
Several courts globally have applied the Public Trust Doctrine in

environmental cases:
1. U.S. Cases: The doctrine has been used in a number of U.S. state and
federal court cases, where judges have ruled that certain
environmental resources cannot be privatized or polluted in ways that
would harm public access and future generations' enjoyment of those
resources.
2. Indian Case Law: In India, the doctrine has been invoked in various
judgments to assert the government's responsibility to protect
environmental resources. In the M.C. Mehta v. Union of India cases,
the Supreme Court of India recognized the duty of the state to protect
the environment as part of the public trust.
Challenges and Opportunities:
While the Public Trust Doctrine is a powerful tool for environmental

protection, there are challenges in applying it effectively:
 Political Will: In many cases, political and economic interests may

conflict with the application of the Public Trust Doctrine, particularly
when it comes to resource extraction, industrial development, or the
interests of powerful corporations.
 Enforcement: In some regions, environmental laws may not be
enforced effectively, leaving public trust resources vulnerable to
exploitation.
 Public Awareness: For the Public Trust Doctrine to be fully effective,
citizens must be aware of their rights and the government's duties
under this principle.
However, there are significant opportunities to strengthen the application of

the doctrine:
 Strengthening Legal Frameworks: Governments can strengthen
legal provisions that ensure environmental resources are held in trust
for the public, including enhanced regulations and legal instruments.
 Public Participation and Advocacy: Civil society and environmental
advocacy groups can help enforce the Public Trust Doctrine by
advocating for stronger protections and holding governments
accountable.
 Sustainable Practices: Governments and businesses can adopt
sustainable resource management practices that respect the principles
of the Public Trust Doctrine.
Conclusion:
The Public Trust Doctrine is a critical concept for environmental protection,

ensuring that governments manage natural resources sustainably and
equitably for the public and future generations. In Uganda, while the doctrine
is not explicitly stated in the Constitution, the principles underlying it are
evident in the legal framework and environmental policies. By reinforcing
these principles, Uganda can continue to protect its natural resources and
ensure that future generations have access to a clean and healthy
environment. The Public Trust Doctrine is an important tool for advocating
the legal rights of citizens to a healthy environment and promoting the
sustainable management of natural resources globally.

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THE PUBLIC TRUST DOCTRINE

Key Concepts of the Public Trust Doctrine:

1. Natural Resources as Public Trust Assets: Under the Public Trust

The Public Trust Doctrine in Uganda:

In Uganda, the Public Trust Doctrine is not explicitly stated in the

Key Features of Uganda’s Application of the Public Trust Doctrine:

1. Environmental Resources in Trust: As in many countries, natural

The Public Trust Doctrine in International Law:

 The Rio Declaration on Environment and Development (1992)

The Public Trust Doctrine in Action: Legal Precedents

Several courts globally have applied the Public Trust Doctrine in

Challenges and Opportunities:

While the Public Trust Doctrine is a powerful tool for environmental

 Political Will: In many cases, political and economic interests may

However, there are significant opportunities to strengthen the application of

The Public Trust Doctrine is a critical concept for environmental protection,

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