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Drinking water, beaches, a livable climate, clean air, forests, fisheries, and parks are all commons, shared by many users with diffuse and overlapping interests. These public natural resources are susceptible to depletion, overuse, erosion, and extinction; and they are under increasing pressures to become privatized. The Public Trust Doctrine provides a legal basis to guard against privatizing important public resources or commons. As such, it is a critical doctrine to counter the ever-increasing enclosure and privatization of the commons as well as ensure government trustees protect current and future generations. This Article considers separation of powers and statutory interpretation in cases involving attempted privatizations of public natural resources. Judges use a wide variety of interpretive tools when ruling on the meaning of a statute or legality of an administrative agency's action. This Article explores the role of the judiciary in protecting the public interest in natural resources when a privatization appears to be underway. It analyzes cases from the United States, India, Uganda, Kenya, and the Philippines to demonstrate the multi-jurisdictional use of what should be recognized as a substantive canon of statutory interpretation for nature's trust, seeking a clear statement from the legislature finding no substantial impact on the public interest before allowing privatization. Such an approach furthers democracy by ensuring elected representatives have publicly considered and expressed their intent to authorize a privatization of nature's trust and that such action is in the public interest. This moves the locus of decision-making away from administrative agencies and back to the democratically elected law making body. And once squarely inside the political branch it requires clarity about the action undertaken and a finding consistent with the trustee's duties to the public. Lastly, it explores the political question doctrine as it relates to controversies about privatizing nature's trust and shows the power of framing the status quo.
This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.
This book makes the case for a New Environmentalism, and using a systems change approach, takes the reader through ideas for reorienting the economy. It addresses the laws and policies needed to support the emergence of a new economy across a variety of major areas – from energy to food, across common pool resources, and shifting investments to capitalize locally-connected and mission-driven businesses. The authors take the approach that the challenges are much broader than setting parameters around pollution, and go to the heart of the dominant global political economy. It explores the values needed to transform our current economic system into a new economy supportive of ecological integrity, social justice, and vibrant democracy.
Reliance on the private military industry and the privatization of public functions has left our government less able to govern effectively. When decisions that should have been taken by government officials are delegated (wholly or in part) to private contractors without appropriate oversight, the public interest is jeopardized. Books on private military have described the problem well, but they have not offered prescriptions or solutions this book does.
Electricity, natural gas, telecommunications, railways, and water supply, are often vertically and horizontally integrated state monopolies. This results in weak services, especially in developing and transition economies, and for poor people. Common problems include low productivity, high costs, bad quality, insufficient revenue, and investment shortfalls. Many countries over the past two decades have restructured, privatized and regulated their infrastructure. This report identifies the challenges involved in this massive policy redirection. It also assesses the outcomes of these changes, as well as their distributional consequences for poor households and other disadvantaged groups. It recommends directions for future reforms and research to improve infrastructure performance, identifying pricing policies that strike a balance between economic efficiency and social equity, suggesting rules governing access to bottleneck infrastructure facilities, and proposing ways to increase poor people's access to these crucial services.
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.
The conservation of cultural heritage requires the involvement of multiple actors from across the public, private, and nongovernmental, or third, sectors, not only to initiate and carry out conservation but also to sustain heritage places. The conservation of the historic urban environment poses specific and urgent challenges that require a multidisciplinary approach in which conservation actions are embedded within economic, social, and environmental development strategies. Increasingly, the private and third sectors are playing a pivotal role in these processes. Public-private partnerships (PPPs) are contractual arrangements in which the private and/or third sector assists in delivering a public facility or service by providing funding or operating leadership. The third sector, which may include heritage-related NGOs, as well as people living near a heritage site, is of particular relevance to PPPs used for heritage conservation. This publication focuses specifically on the use of PPPs for historic buildings and historic urban areas, and is targeted to those working in the cultural heritage sector. It draws on existing literature, which it aims to make more accessible to those interested in cultural heritage conservation. While providing information on the basic concepts of public-private partnerships and the roles and responsibilities of the partners in a PPP, this is not a guide to the use of PPPs. It discusses the types of PPPs that have been used to conserve historic buildings and historic urban areas, provides specific examples of where and how they have been used, and demonstrates ways in which PPP mechanisms have met conservation goals. This publication also makes some limited observations on the aims of PPPs drawn from the literature, from published case studies, and from a few further case study investigations. This publication draws on English-language works produced between 1992 and 2012, but concentrates on the more recent literature. Much of this material is from the Australia, the United Kingdom, and other European nations that have been the most active in conducting PPPs for heritage resources and in publishing information about these projects. This overview includes an extensive bibliography and provides some suggestions of topics for further research.