Public Trust Doctrine: Implications for Democratisation of Water Governance
Volume 9 Issue 1-2 (2016)
A National Water Framework Law imbued with a thorough understanding of the Public Trust Doctrine has the potential to transform the existing state-centred water regime into a democratised space for people’s participation. However, the existence of two contradictory drafts of the law, both claiming to incorporate the public trust perspective and yet with divergent implications for social equity and ecological sustainability has led to a need for further discussions in the public domain. This article argues that the details of legislation will determine the future trajectory of democratisation of water governance in the country rather than a mere invocation of the Public Trust Doctrine.