환경보호에 관한 미국의 공공신탁이론의 발전과 전망

An Introduction to the Public Trust Doctrine concerning Environmental Protection in the United States

The Public Trust Doctrine In the United States is common law that has been developed and articulated by courts in individual cases. The Public Trust Doctrine, which originated as Roman Civil Code in the sixth century A. D., stated that, "By the law of nature these things are common to mankind--the air, running water, the sea, and consequently the shore of the sea." England adopted the Public Trust Doctrine as common law. The Public Trust Doctrine was imported into the 13 original U.S. colonies. Following independence of the colonies, the Public Trust Doctrine potentially became part of the basic law in each state. It remains valid today as common law in jurisdictions where its principles have been enacted in statutory laws(including the implementation of rules and policies) to manage subject waters and lands. This paper is introduction to the Public Trust Doctrine in the United States which is one of the most unusual, powerful, and potentially useful doctrines for natural resource management in the United States' legal system.