A critical analysis of the application of the doctrine in wildlife conservation in Uganda

Abstract

This study focused on the application of the Public Trust Doctrine (PTD) to the conservation of wildlife resources. The PTD principle espouses that wildlife is vested in the state as a trustee to hold for the present and future generations. A trust is a relationship, recognized by equity that arises when property is transferred to one person or persons known as a trustee and who uses those trusts for the benefit of the other persons known as the Cestuis Que trust, have to use. It is an equitable obligation sanctioning a person called a trustee to deal with property over which they have control called a trust property for the benefit of persons called a beneficiary or Cestuis que trust of whom he himself can be, and each of whom can enforce the obligation. Public trust is meant to be something that benefits the public, or a significant portion of it. Professor David explains that the interests of the beneficiaries are usually described in the deed establishing the trust. However, these may be implicit or required by law. PTD refers to the responsibility of the state to hold property rights in trust for the benefit of the citizens. This doctrine creates a fiduciary relationship between the state and the citizens, which takes the form of a contract. A public trust consists of three components. First, the object that is the subject of the trust (Res). This object is any item that cannot be owned by individuals, such as water, air, and wildlife. Second, there is a trustee who is responsible for acting in the best interests of the department. The trustee's duty is to manage the assets in furtherance of the trust's purposes and to prevent degradation of the resource. The trustee is the government. The third element of a trust is the beneficiary, who has ultimate ownership of the trust's assets. The needs and interests of the beneficiary determine the administration of the trustee resource. The beneficiaries of the trust are the public, including present and future generations.