The Protection of Nature and a New Constitution for Chile: Lessons from the Public Trust Doctrine

Abstract

This is a report sponsored by the Chile Conservation Exchange examining the potential of the public trust doctrine to increase protection of the natural environment through the ongoing process of amending the Chilean Constitution. The report suggests that the constitutionalization of the public trust doctrine would reform Chilean environmental law by establishing an affirmative duty on the part of the Chilean government to ensure the protection of natural resources for the benefit of the public, including future generations. By making the public trust duty enforceable by citizens through court suits, the report also claims that the doctrine would prohibit the government from creating private monopolies, but also asserts that the doctrine is compatible with private property rights. Drawing on language in the Pennsylvania and Hawai'ian Constitutions, the report recommendations that the drafters of the new Chilean Constitution include trust language in the Constitution and the Chilean voters adopt it.

Keywords: public trust doctrine, environmental law, natural resources law, constitutional law, citizen suits

JEL Classification: K11, K32, K33, K42, Q01, Q15, Q22, Q23, Q24, Q25, Q28, Q38, Q48, Q58