Nature, Bureaucracy and the Rules of Property
Author | : Earl Finbar Murphy |
Publisher | : North-Holland |
Total Pages | : 362 |
Release | : 1977 |
Genre | : Law |
ISBN | : |
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Author | : Earl Finbar Murphy |
Publisher | : North-Holland |
Total Pages | : 362 |
Release | : 1977 |
Genre | : Law |
ISBN | : |
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 | : Elizabeth Brubaker |
Publisher | : Routledge |
Total Pages | : 362 |
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.
Author | : Douglas Fisher |
Publisher | : Edward Elgar Publishing |
Total Pages | : 487 |
Release | : 2022-11-25 |
Genre | : Law |
ISBN | : 1839108320 |
This expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law.
Author | : Boudewijn Bouckaert |
Publisher | : Edward Elgar Publishing |
Total Pages | : 351 |
Release | : 2010-01-01 |
Genre | : Law |
ISBN | : 1849806519 |
This book contains illuminating and carefully written literature reviews on the central topics of the economics of property rights and institutions. As a bonus, it includes two fascinating chapters on topics off the beaten path slavery and new types of property rights in environmental goods. This book will be indispensible for students and experienced scholars alike. Eric Posner, University of Chicago Law School, US This study covers property law and property rights, providing a full summary and comprehensive bibliography of the existing law, together with discussion from an economic perspective on the most important aspects of property law. Leading experts have brought together their knowledge and insight on a full range of issues including comparative property law and the history of property law to create a truly autonomous interdisciplinary resource. This essential reference work will strongly appeal to scholars and students enrolled in academic programmes of law and economics. Academic lawyers involved in research and teaching of private (common) law, practicing lawyers in the field of real estate law, as well as economists involved in researching development economics and transition economics will also find this an invaluable resource.
Author | : David Grinlinton |
Publisher | : BRILL |
Total Pages | : 448 |
Release | : 2011-04-11 |
Genre | : Law |
ISBN | : 900420105X |
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 | : Richard A. Epstein |
Publisher | : Harvard University Press |
Total Pages | : 247 |
Release | : 2011-11-15 |
Genre | : Law |
ISBN | : 0674063058 |
Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.
Author | : Michael Albertus |
Publisher | : Cambridge University Press |
Total Pages | : 417 |
Release | : 2021-01-07 |
Genre | : Business & Economics |
ISBN | : 1108835236 |
A new understanding of the causes and consequences of incomplete property rights in countries across the world.
Author | : Michael I. Jeffery |
Publisher | : Cambridge University Press |
Total Pages | : 622 |
Release | : 2008-01-07 |
Genre | : Law |
ISBN | : 9781139469128 |
The IUCN Academy of Environmental Law Research Studies' third colloquium of 2005 brought together more than 130 experts from 27 nations on nearly every continent. This book brings together a number of the papers presented there and offers a global perspective on biodiversity conservation and the maintenance of sustainable cultures. It addresses issues from international, regional, and country-specific perspectives. The book is organized thematically to present a broad spectrum of issues, including the history and major governance structures in this area; the needs, problems, and prerequisites for biodiversity; area-based, species-based, and ecosystem-based conservation measures; the use of components of biodiversity and the processes affecting it; biosecurity; and access to and sharing of benefits from components of biodiversity and their economic value.
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.