REGIONAL OCEAN GOVERNANCE: THE ROLE OF THE PUBLIC TRUST DOCTRINE

摘要

A primary challenge for the NROC or any ROG effort in the United States is finding incentives, either in the shape of an action forcing mechanism such as the ASMFC or long-term shared problems and negotiated solutions as seen in the Great Lakes. To move toward ecosystem-based management, a multi-jurisdictional effort is essen- tial, but the incentives to expend the resources to work in a regional fashion are still vague. The PTD not only provides states with a mechanism to manage marine resources, but also provides a common basis for managing their own and shared marine resources. Furthermore, the Doctrine calls for states to act as trustees, a principle codified in state constitutions and statutes. It is this trust principle that should guide the evolution of ROG in the Northeast and across the country.