Can the Public Trust Doctrine Save the High Seas?. Issue 3 (3rd July 2019)

• Record Type: Journal Article
• Authors: Cinquemani, Sarah
• Is Part Of: Environmental claims journal. Volume 31:Issue 3(2019)
• Page Start: 218
• Page End: 238
• Publication Date: 2019-07-03
• Subjects: Liability for environmental damages -- United States -- Periodicals; 346.730305
• DOI: 10.1080/10406026.2018.1546465
• Languages: English
• ISSNs: 1040-6026

Abstract

Abstract: The high seas is one of the last remaining commons on the planet, but comprehensive efforts to save this area beyond national jurisdiction have not been successful. This article examines the feasibility of applying the public trust doctrine to the high seas by first evaluating tools that are currently in place to protect biodiversity then analyzing the public trust doctrine in its traditional application in the United States and other countries. With this foundation, the article examines the possibility and methodology of applying the public trust concept to protect the high seas.