The Application of Public Trust Doctrine as a Mechanism to Ensure Environmental Protection by Means of Law: A Comparative Analysis between Sri Lankan and Indian Legal Context

Abstract

World community is nowadays largely focused on the process of achieving sustainable development. In this process the public trust doctrine (PTD) is the most promising legal norm upon which the citizens can rely to realize their right to a sound environment. The main idea behind this doctrine is that the government as the trustee of the natural resources must manage them in the sole interest of its citizens. Thus in order to achieve sustainable development and inter-generational equity the public trust doctrine provides the legal foundation which imposes accountability upon the government of maintaining the environment in the interest of the public. The PTD appears in International treaties as well as in domestic laws. India is a country where the Public Trust Doctrine was highly applied in deciding environmental issues. Therefore, the main objective of this research is to analyze how Sri Lankan legal jurisdiction applies this doctrine as a tool to guarantee environment protection and sustainable development with special attention to the application of this doctrine in Indian law. This research focuses on the problem of whether the public trust doctrine can be applied as an effective mechanism for ensuring the protection of the environment ultimately realizing sustainable development. As India has developed public trust doctrine as an effective mechanism to ensure the realization of the right to a sound environment, in Sri Lanka this is an area which requires further developments. The researcher intends to adopt qualitative research methodology to conduct this research. The researcher will examine the necessary conventions, treaties, journals, relevant domestic laws as primary sources and books, journal articles will be used as secondary sources.