Property Rights in the Defence of Nature

Property Rights in the Defence of Nature
Author: Elizabeth Brubaker
Publisher: Routledge
Total Pages: 334
Release: 2019-03-21
Genre: Business & Economics
ISBN: 0429535236

First published in 1995. In this study, the author provides a lively and accessible account of the failure of the legal regime to protect the environment. Elizabeth Brubaker explores how legal reliance on property rights has been useful in opposing pollution of land and water. This title will be of interest to students of Environmental Studies, as well as to all those interest in a more secure future for the environment.

The Philosophical Foundations of Environmental Law

The Philosophical Foundations of Environmental Law
Author: Sean Coyle
Publisher: Hart Publishing
Total Pages: 245
Release: 2004-04
Genre: Law
ISBN: 1841133590

This book argues that environmental law must be seen as a historical product of surprising antiquity and considerable sophistication.

Philosophical Foundations of Property Law

Philosophical Foundations of Property Law
Author: James Penner
Publisher: OUP Oxford
Total Pages: 398
Release: 2013-11-28
Genre: Law
ISBN: 0191654523

Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find? The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.

The Oxford Handbook of Intellectual Property Law

The Oxford Handbook of Intellectual Property Law
Author: Rochelle Cooper Dreyfuss
Publisher: Oxford University Press
Total Pages: 1025
Release: 2018
Genre: Law
ISBN: 0198758456

A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.

The Defenders of Liberty

The Defenders of Liberty
Author: Neema Parvini
Publisher: Springer Nature
Total Pages: 324
Release: 2020-05-01
Genre: Business & Economics
ISBN: 3030394522

The Defenders of Liberty presents a history of economic liberalism from the Renaissance to the present. It chronicles the tradition of thought that sees human nature as social yet self-interested, methodological individualism as its key analytical tool, and property rights as foundational to a civilised society. In the development of this way of thinking, it considers the contributions of many key thinkers including Niccolò Machiavelli, Thomas Hobbes, John Locke, Richard Cantillon, A.J.R. Turgot, David Hume, Adam Smith, Nassau William Senior, Richard Cobden, Herbert Spencer, Jean-Baptiste Say, Carl Menger, William Stanley Jevons, Gaetano Mosca, Eugen Böhm-Bawerk, Vilfredo Pareto, Phillip Wicksteed, Edwin Cannan, Ludwig von Mises, Lionel Robbins, F.A. Hayek, W.H. Hutt, Milton Friedman, George Stigler, Murray N. Rothbard, James M. Buchanan, and Thomas Sowell. The book contends that liberalism needs to be grounded in realism, and that it has been derailed whenever economists have deviated from an explicitly realist understanding of human nature, individualism and property rights. It argues that the cause of liberalism was compromised by errors in economic reasoning by such major figures as David Ricardo, John Stuart Mill, Alfred Marshall, A.C. Pigou, and John Maynard Keynes. In diagnosing what has gone wrong for liberalism in the twenty-first century, The Defenders of Liberty argues against substituting mathematical abstraction for causal realism; it opposes interventionist central banking; it seeks to recover economic liberalism from social and political liberalism, which are somewhat unrelated schools of thought; it resists a view of human nature rooted in selfishness or atomised individualism; and finally alerts defenders of freedom to the ruthless but effective language games played by their opponents. This book will be of interest to the educated general reader as well as undergraduates and postgraduates in disciplines such as economics, political theory and philosophy.

Property Rights and Natural Resources

Property Rights and Natural Resources
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.

Roman Law in the State of Nature

Roman Law in the State of Nature
Author: Benjamin Straumann
Publisher: Cambridge University Press
Total Pages: 287
Release: 2015-02-12
Genre: History
ISBN: 1107092906

This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.

The Politics of Rights of Nature

The Politics of Rights of Nature
Author: Craig M. Kauffman
Publisher:
Total Pages:
Release: 2021
Genre: Environmental policy
ISBN: 9780262366601

"On the global development of legislation, treaty negotiations, constitutional measures, and litigation resulting in legal recognition of Rights of Nature (RoN), including the cultural and political influences that determined how these legal rights were framed, the method of adoption and, importantly, the evolution of RoN enforcement through judicial decisions and growing cultural familiarity with the new legal concept"--

The Rio Declaration on Environment and Development

The Rio Declaration on Environment and Development
Author: Jorge E. Viñuales
Publisher: OUP Oxford
Total Pages: 831
Release: 2015-02-05
Genre: Law
ISBN: 0191510424

The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.

Emissions Trading Schemes

Emissions Trading Schemes
Author: Sanja Bogojevic
Publisher: Bloomsbury Publishing
Total Pages: 208
Release: 2013-07-04
Genre: Law
ISBN: 1782251669

Over the last four decades emissions trading has enjoyed a high profile in environmental law scholarship and in environmental law and policy. Much of the discussion is promotional, preferring emissions trading above other regulatory strategies without, however, engaging with legal complexities embedded in conceptualising, scrutinising and managing emissions trading regimes. The combined effect of these debates is to create a perception that emissions trading is a straightforward regulatory strategy, imposable across various jurisdictions and environmental settings. This book shows that this view is problematic for at least two reasons. First, emissions trading responds to distinct environmental and non-environmental goals, including creating profit-centres, substituting bureaucratic control of resources, and ensuring regulatory compliance. This is important, as the particular purpose entrusted to a given emissions trading regime has, as its corollary, a particular governance structure, according to which the regime may be constructed and managed, and which trusts the emissions market, the state and rights in emissions allowances with distinct roles. Second, the governance structures of emissions trading regimes are culture-specific, which is a significant reminder of the importance of law in understanding not only how emissions trading schemes function but also what meaning is given to them as regulatory strategies. This is shown by deconstructing emissions trading discourses: that is, by inquiring into the assumptions about emissions trading, as featuring in emissions trading scholarship and in debates involving law and policymakers and the judiciary at the EU level. Ultimately, this book makes a strong argument for reconfiguring the common understanding of emissions trading schemes as regulatory strategies, and sets out a framework for analysis to sustain that reconfiguration.