Property Rights And Natural Resources
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| Author | : Aileen McHarg |
| Publisher | : |
| Total Pages | : 498 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : 0199579857 |
The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how it manifests itself across legal regimes around the world. With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the different views about the role it should play in a diverse range of contexts: civil law and common law; the law of indigenous communities; public law and private law; and national and international law. Key issues discussed include private rights and common property situations, privatization and regulation, competition for land use and resources, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment. The collection thus has relevance for a wide readership interested in the legal dimensions of property as an increasingly important aspect of the law for energy and resources across diverse countries, and at the international level. The contributors are established experts in the energy and natural resources law field, and the collection builds upon a body of previous collaborative work in this area.
| Author | : Richard Barnes |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 472 |
| Release | : 2009-04-22 |
| Genre | : Law |
| ISBN | : 1847315038 |
Winner of the SLS Peter Birks Prize for Outstanding Legal Scholarship 2009. The use of private property rights to regulate natural resources is a controversial topic because it touches upon two critical issues: the allocation of wealth in society and the conservation and management of limited resources. This book explores the extension of private property rights and market mechanisms to natural resources in international areas from a legal perspective. It uses marine fisheries to illustrate the issues that can arise in the design of regulatory regimes for natural resources. If property rights are used to regulate natural resources then it is essential that we understand how the law and values embedded within legal systems shape the development and operation of property rights in practice. The author constructs a version of property that articulates both the private and public function of property. This restores some much needed balance to property discourse. He also assesses the impact of international law on the use of property rights-a much neglected topic-and shows how different legal and socio-political values that inhere in different legal regimes fundamentally shape the construction of property rights. Despite the many claimed benefits to be had from the use of private property rights-based management systems, the author warns against an uncritical acceptance of this approach and, in particular, questions whether private property rights are the most suitable and effective arrangement of regulating of natural resources. He suggests that much more complex forms of holding, such as stewardship, may be required to meet physical, legal and moral imperatives associated with natural resources.
| Author | : Shelly Hiller Marguerat |
| Publisher | : Springer |
| Total Pages | : 477 |
| Release | : 2018-11-11 |
| Genre | : Social Science |
| ISBN | : 3319979000 |
This book explores the current notion and definition of property, and its interpretation and implementation in relation to the environment. The author examines two primary problems: the degradation of land, natural resources and animal abuse; and the increasing erosion of private property rights from property owners by the arbitrary interference of state governments. Examining texts from antiquity to contemporary legislation, it portrays the historical development of the understanding of “nature” as “property” and discusses our obligations towards the environment. Drawing on the most influential political-philosophical texts from all periods of property rights history, the author analyzes modern national and international legislation and case law to offer legally-grounded evidence and explanations. This book advocates the incorporation of a formula that guarantees the protection of property rights into the legal system, and imposes clear and effective responsibility on property owners to limit the use of natural resources and the abuse of animals. This book will appeal to practitioners, researchers and students with an interest in environmental and private property law.
| Author | : Toon van Meijl |
| Publisher | : Routledge |
| Total Pages | : 303 |
| Release | : 2012-11-12 |
| Genre | : Business & Economics |
| ISBN | : 1136177760 |
First Published in 1999. This book provides a critical analysis of the widespread assumption that the formalisation and standardisation of property rights through state legislation has a positive impact on economic development. It is based on anthropological case studies of land and natural resource rights in Southeast Asia and Oceania. These suggest that the economic impact of the formalisation of property rights is not necessarily positive, certainly not for all categories of peoples. They also suggest that state reform of property rights do not necessarily eliminate the conditions of legal pluralism, but rather add new legal structures to an already complex constellation of property rights and duties. The point of departure for the empirical analyses of the central hypothesis examined in this book is that the practical significance of complex forms of property rights and related socio-economic practices cannot be usefully examined within formalistic, one-dimensional and normatively oriented legalistic or economic approaches. Instead, an anthropoligical approach to law is advocated in order to analyse the complicated, multi-dimensional relationships between property rights and economic development, and their embeddedness in social practice. Based on this approach, the contributions to this book show how different people and institutions attribute different meanings to the various components of property relationships, and how they use them as resources in their everyday lives and social struggles.
| Author | : Susan Hanna |
| Publisher | : |
| Total Pages | : 324 |
| Release | : 1996-09 |
| Genre | : Business & Economics |
| ISBN | : |
Understanding how rights to resources are assigned and how they are controlled is critical to designing and implementing effective strategies for environmental management and conservation. This book is a nontechnical, interdisciplinary introduction to the systems of rights, rules, and responsibilities that guide and control human use of the environment.
| Author | : David Grinlinton |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 449 |
| Release | : 2011-04-11 |
| Genre | : Law |
| ISBN | : 9004182640 |
This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.
| Author | : Judith V. Royster |
| Publisher | : |
| Total Pages | : 656 |
| Release | : 2008 |
| Genre | : Environmental law |
| ISBN | : |
To access this book's 2010 Update, click here. In addition, to bring the book up-to-date for 2011-12 before the new edition is released, click here. This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book covers tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies. The second edition updates the casebook to include Supreme Court cases, such as the 2003 trust cases and the 2005 Sherrill case, as well as other judicial and legislative developments since 2002. The new edition also expands the materials on cultural and religious resources, natural resources damages, and international law; reorganizes the materials on water law; and includes the recent decision recognizing a right of habitat protection in treaties recognizing off-reservation fishing.
| Author | : Gregory K. Ingram |
| Publisher | : Lincoln Inst of Land Policy |
| Total Pages | : 483 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : 9781558441880 |
| Author | : Jérémie Gilbert |
| Publisher | : |
| Total Pages | : 225 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 0198795661 |
Examining the role human rights can play in the regulation of natural resource management, this book shines light on the duties of states and private actors when exploiting natural resources and the procedural rights of affected citizens.
| Author | : Larry Karp |
| Publisher | : MIT Press |
| Total Pages | : 433 |
| Release | : 2017-10-27 |
| Genre | : Business & Economics |
| ISBN | : 0262534053 |
An introduction to the concepts and tools of natural resource economics, including dynamic models, market failures, and institutional remedies. This introduction to natural resource economics treats resources as a type of capital; their management is an investment problem requiring forward-looking behavior within a dynamic setting. Market failures are widespread, often associated with incomplete or nonexistent property rights, complicated by policy failures. The book covers standard resource economics topics, including both the Hotelling model for nonrenewable resources and models for renewable resources. The book also includes some topics in environmental economics that overlap with natural resource economics, including climate change. The text emphasizes skills and intuition needed to think about dynamic models and institutional remedies in the presence of both market and policy failures. It presents the nuts and bolts of resource economics as applied to nonrenewable resources, including the two-period model, stock-dependent costs, and resource scarcity. The chapters on renewable resources cover such topics as property rights as an alternative to regulation, the growth function, steady states, and maximum sustainable yield, using fisheries as a concrete setting. Other, less standard, topics covered include microeconomic issues such as arbitrage and the use of discounting; policy problems including the “Green Paradox”; foundations for policy analysis when market failures are important; and taxation. Appendixes offer reviews of the relevant mathematics. The book is suitable for use by upper-level undergraduates or, with the appendixes, masters-level courses.
