Private Property and Environmental Responsibility

Private Property and Environmental Responsibility
Author: Murray J. Raff
Publisher: Kluwer Law International B.V.
Total Pages: 341
Release: 2003-01-01
Genre: Law
ISBN: 9041121285

This remarkable new book is not a radical text, but seeks to find a principle of responsible proprietorship in our existing legal systems. And in fact it presents an excellent case for the international recognition of a principle of responsible proprietorship in the title registration systems derived from the German model, rooted in the historical Hanseatic model; primarily the Australian Torrens system that spread throughout the British Empire from the mid-nineteenth century on. In great detail, the author demonstrates that this system offers a firm foundation on which a truly responsible environmental law of property can be established.

Private Property Rights and the Environment

Private Property Rights and the Environment
Author: Shelly Hiller Marguerat
Publisher: Springer
Total Pages: 485
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.

Yearbook of International Environmental Law

Yearbook of International Environmental Law
Author: Ole Kristian Fauchald
Publisher: Yearbook International Environ
Total Pages: 904
Release: 2008
Genre: Language Arts & Disciplines
ISBN: 0199539642

This yearbook contains articles from an international team of contributors. Each section of essays covers a topical subject, focusing mainly on environmental law, and the year-in-review section offers a round-up of world-wide legal developments.

Property Rights and Sustainability

Property Rights and Sustainability
Author: David Grinlinton
Publisher: BRILL
Total Pages: 448
Release: 2011-04-11
Genre: Law
ISBN: 900420105X

Published with the support of The New Zealand Law Foundation. As collapses and crises involving ecological systems, economic and financial management and international governance increase, the need for bold alternatives to traditional economic and legal responses has never been more urgent. Property concepts are an important element in the interaction between humans and the natural environment. An important driver of ecological harm, property concepts can also become a powerful tool for responding to ecological problems in ways that have so far eluded both government regulators and markets. Going beyond the traditional critiques of liberal property theories, Property Rights and Sustainability takes on the challenge of fundamentally reconceptualising property rights and systems. It makes a significant contribution to rebalancing the legal framework in a way that recognises humanity as a member of a larger ecological order, the health and integrity of which is of primary importance to the long-term viability of our planet. Property Rights and Sustainability will be an indispensable resource for those interested in the relationship between property law and the environment, and the ways in which property law can be reshaped to respond to the ecological challenges of our time.

Léon Duguit and the Social Obligation Norm of Property

Léon Duguit and the Social Obligation Norm of Property
Author: Paul Babie
Publisher: Springer Nature
Total Pages: 423
Release: 2019-09-07
Genre: Law
ISBN: 981137189X

This book demonstrates the importance of Léon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit’s seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally. The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide – if un-attributed and seldom regarded – influence in the common law tradition and theory of property.

Principles of Property Law

Principles of Property Law
Author: Alison Clarke
Publisher: Cambridge University Press
Total Pages: 751
Release: 2020-06-11
Genre: Law
ISBN: 1107090539

Principles of Property Law offers a critical and contextual analysis of fundamental property law, providing students with the tools to enable them to make sense of English land law rules in the context of real world applications. This new book adopts a contextual approach, placing the core elements of a qualifying law degree property and land law course in the context of general principles and practices as they have developed in the UK and other jurisdictions in response to a changing societal relationship with a variety of factors. Also drawing on concepts of property developed by political theorists, economists and environmentalists, Principles of Property Law gives students a clear understanding of how property law works, why it matters and how the theory connects with the real world. Suitable for undergraduates studying property and land law in England, Wales and Northern Ireland, as well as postgraduate students seeking an accessible analysis.

Taking Land

Taking Land
Author: Tsuyoshi Kotaka
Publisher: University of Hawaii Press
Total Pages: 392
Release: 2002-01-31
Genre: Law
ISBN: 0824846362

The Asia-Pacific region with its rapid urbanization has generated an immediate need for both land use control and compulsory purchase by national and local governments. This book takes a comparative look at land use laws in ten Asia-Pacific countries (Australia, China, Hong Kong, Japan, Korea, Malaysia, New Zealand, Singapore, Taiwan, Thailand) as well as in the United States. A land use scholar from each country describes and analyzes compulsory land acquisition and the means through which property owners can seek compensation when government regulations or policies become so burdensome that they approach the effect of compulsory purchase. The book's major themes are land use control and eminent domain (compulsory purchase). Contributors examine land use control by focusing on land ownership, statutory framework, land use plans and planning, zoning, building regulations, courts and common law, and regulatory taking among the eleven countries. Sections on eminent domain cover the right of government to take or reclaim private property. General topics discussed include the source of authority (often a country's constitution), the public purpose and the extent of power, compensation, due process, the importance of plans, the effect of a "colonial" legal system, and the accommodation of indigenous peoples' land rights. With the publication of this volume, legal scholars and practicing land use lawyers will be able to analyze and compare for the first time the individual legal approaches of developed and developing countries in the Asia-Pacific region. Contributors: David L. Callies, Li-Fu Chen, Anton Cooray, Glenys Godlovitch, Tsuyoshi Kotaka, Murray J. Raff, William J. M. Ricquier, Eathipol Srisawaluck, Won Woo Suh, Grace Xavier, Zhen Xian Bin.

Earth Jurisprudence

Earth Jurisprudence
Author: Peter D. Burdon
Publisher: Routledge
Total Pages: 188
Release: 2014-09-19
Genre: Law
ISBN: 113514415X

The idea of human dominion over nature has become entrenched by the dominant rights-based interpretation of private property. Accordingly, nature is not attributed any inherent value and becomes merely the matter of a human property relationship. Earth Jurisprudence: Private Property and the Environment explores how an alternative conception of property might be instead grounded in the ecocentric concept of an Earth community. Recognising that human beings are deeply interconnected with and dependent on nature, this concept is proposed as a standard and measure for human law. This book argues that the anthropocentric institution of private property needs to be reconceived; drawing on international case law, indigenous views of property and the land use practices of agrarian communities, Peter Burdon considers how private property can be reformulated in a way that fosters duties towards nature. Using the theory of earth jurisprudence as a guide, he outlines an alternative ecocentric description of private property as a relationship between and among members of the Earth community. This book will appeal to those researching in law, justice and ecology, as well as anyone pursuing an interest more particularly in earth jurisprudence.

Corporate Environmental Accountability in International Law

Corporate Environmental Accountability in International Law
Author: Elisa Morgera
Publisher: Oxford University Press
Total Pages: 353
Release: 2020
Genre: Law
ISBN: 0198738048

"This book explores the evolving role of international law in directing and controlling the conduct of business enterprises, in particular multinational corporations, with respect to the protection of the environment, the sustainable use of natural resources, and the respect of inter-related human rights. It assesses the progress and continuing limitations in the identification of international standards of corporate environmental accountability and responsibility, and their implementation by international organizations. This assessment shows the extent to which the international community has conceptually and operationally clarified its expectations about acceptable corporate conduct. This second edition of Elisa Morgera's book reflects the intensified convergence of international standard-setting efforts on corporate environmental accountability, with parallel international developments on business and human rights and the environment. It also explores the recent emergence of substantive international standards of corporate environmental responsibility, which have arisen from a growing number of sectoral guidelines. Equally, it points to the remaining divergences in the content of international standards of corporate environmental accountability and responsibility, which reflect differing views among States of their international obligations to ensure the protection of the environment and the respect of human rights.?--Provided by publisher.