Putting Public Trust Doctrine to Work

Putting Public Trust Doctrine to Work
Author: Muhammad Wajid Munir
Publisher:
Total Pages: 24
Release: 2018
Genre:
ISBN:

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This article analyses the judicial intervention in enforcing the Public Trust Doctrine ('PTD') in Pakistan. According to the PTD, a government is responsible to protect certain natural resources like clean air, water, rivers, public parks, and forests. The government acts as a trustee to protect these unique natural resources. This article critically examines the application of the PTD by the superior judiciary in Pakistan. It does so by tracing out the theoretical framework, origin, and background of the PTD. The article analyses the development, application, and geological scope of this doctrine in Pakistan by critically examining the leading case law. It is argued that the superior judiciary in Pakistan has applied this doctrine in two ways -- directly and impliedly. It has done so by relying on Indian and American case law and leading international environmental treaties. This article examines two widely applicable tests namely, the 'Legislative Test Approach' and the 'Substantive Test Approach' to assess the scope of the PTD. Finally, the article traces the limitations of the PTD. It concludes with the suggestion that policy makers should treat environmental rights as fundamental human rights by including it in Part II, Chapter I of the Constitution of Islamic Republic of Pakistan 1973.

Nature's Trust

Nature's Trust
Author: Mary Christina Wood
Publisher: Cambridge University Press
Total Pages: 461
Release: 2014
Genre: Law
ISBN: 0521195136

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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.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Down to the Waterline

Down to the Waterline
Author: Sara Warner
Publisher: University of Georgia Press
Total Pages: 295
Release: 2010-01-25
Genre: Nature
ISBN: 0820336572

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In most states the boundary separating public waters from private uplands--the ordinary high water line (OHWL)--is a flashpoint between proponents of either property rights or public-trust protection of our water. Using Florida as a case study, Down to the Waterline is the first book-length analysis of the OHWL doctrine and its legal, technical, and cultural underpinnings. Sara Warner not only covers the historical function of the OHWL but tells how advances in science and our environmental attitudes have led us to a more complex encounter with this ancient boundary. Florida sees a steady influx of new residents who crowd along its extensive coasts and interior shorelines--yet who also demand pristine water resources. The OHWL establishes public access and private ownership limits on some of the state’s most valuable land: in economic terms, waterfront real estate; in ecological terms, marshes and wetlands. Sara Warner brings to life many of the courtroom battles fought over the OHWL through the perspectives of ranchers, outdoors enthusiasts, developers, surveyors, scientists, and policymakers. While explaining the OHWL’s legal and political intricacies, Warner never loses sight of the wonder of herons wading a marsh or a largemouth bass breaking a smooth lake surface. To her the OHWL is not just an ideological battleground; it is a marker of how we see the natural world. What do we think we’re doing when we channel a river or fill a swamp? she asks--for it matters greatly where we focus our attention before invoking the awesome capabilities of technology.

Real Estate Title Practice in Massachusetts

Real Estate Title Practice in Massachusetts
Author: Kathleen M. Mitchell
Publisher: Massachusetts Continuing Legal Education & CPCS
Total Pages:
Release: 2003-01-01
Genre: Land titles
ISBN: 9781575891835

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