Download or read book Private Property Rights and the Environment written by Shelly Hiller Marguerat and published by Springer. This book was released on 2018-11-11 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Earth Jurisprudence written by Peter D. Burdon and published by Routledge. This book was released on 2014-09-19 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Property Rights and Sustainability written by David Grinlinton and published by Martinus Nijhoff Publishers. This book was released on 2011-04-11 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Property Rights Economics and the Environment written by Michael D. Kaplowitz and published by Routledge. This book was released on 2004-08-02 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how discussions of environmental policy increasingly require scholars and practitioners to integrate legal-economic analyses of property rights issues. An excellent array of contributors have come together for the first time to produce this magnificent book.
Download or read book Who Owns the Environment written by Peter J. Hill and published by Rowman & Littlefield Publishers. This book was released on 1998-08-20 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past several decades have witnessed a growing recognition that environmental concerns are essentially property rights issues. Despite agreement that an absence of well-defined and consistently enforced property rights results in the exploitation of air, water, and other natural resources, there is still widespread disagreement about many aspects of America's property rights paradigm. The prominent contributors to Who Owns the Environment? explore numerous theoretical and empirical possibilities for remedying these problems. An important book for environmental economists and those interested in environmental policy.
Download or read book Private Property Rights and the Environment written by Shelly Hiller Marguerat and published by . This book was released on 2019 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.--
Download or read book Rights to Nature written by Susan Hanna and published by . This book was released on 1996-09 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Private Property Rights and Environmental Laws written by United States. Congress. Senate. Committee on Environment and Public Works and published by . This book was released on 1996 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Property Rights and Climate Change written by Fennie van Straalen and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Impacts in changing contexts -- Theoretical notions -- Information and land values -- Formal rules -- Financial responsibility
Download or read book Pollution and Property written by Daniel H. Cole and published by Cambridge University Press. This book was released on 2002-07-18 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental protection and resource conservation depend on the imposition of property rights (broadly defined) because in the absence of some property system - private, common, or public - resource degradation and depletion are inevitable. But there is no universal, first-best property regime for environmental protection in this second-best world. Using case studies and examples taken from countries around the world, this 2002 book demonstrates that the choice of ownership institution is contingent upon institutional, technological, and ecological circumstances that determine the differential costs of instituting, implementing, and maintaining alternative regimes. Consequently, environmental protection is likely to be more effective and more efficient in a society that relies on multiple (and often mixed) property regimes. The book concludes with an assessment of the important contemporary issue of 'takings', which arise when different property regimes collide.
Download or read book Environmental Markets written by Terry L. Anderson and published by Cambridge University Press. This book was released on 2014-05-12 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Markets explains the prospects of using markets to improve environmental quality and resource conservation. No other book focuses on a property rights approach using environmental markets to solve environmental problems. This book compares standard approaches to these problems using governmental management, regulation, taxation, and subsidization with a market-based property rights approach. This approach is applied to land, water, wildlife, fisheries, and air and is compared to governmental solutions. The book concludes by discussing tougher environmental problems such as ocean fisheries and the global atmosphere, emphasizing that neither governmental nor market solutions are a panacea.
Download or read book The Land We Share written by Eric T. Freyfogle and published by Island Press. This book was released on 2003-08-08 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is private ownership an inviolate right that individuals can wield as they see fit? Or is it better understood in more collective terms, as an institution that communities reshape over time to promote evolving goals? What should it mean to be a private landowner in an age of sprawling growth and declining biological diversity? These provocative questions lie at the heart of this perceptive and wide-ranging new book by legal scholar and conservationist Eric Freyfogle. Bringing together insights from history, law, philosophy, and ecology, Freyfogle undertakes a fascinating inquiry into the ownership of nature, leading us behind publicized and contentious disputes over open-space regulation, wetlands protection, and wildlife habitat to reveal the foundations of and changing ideas about private ownership in America. Drawing upon ideas from Thomas Jefferson, Henry George, and Aldo Leopold and interweaving engaging accounts of actual disputes over land-use issues, Freyfogle develops a powerful vision of what private ownership in America could mean—an ownership system, fair to owners and taxpayers alike, that fosters healthy land and healthy economies.
Download or read book Private Property and Environmental Responsibility written by Murray J. Raff and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Property Rights and Natural Resources written by Richard Barnes and published by Bloomsbury Publishing. This book was released on 2009-04-22 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Property Rights and Climate Change written by Fennie van Straalen and published by Routledge. This book was released on 2017-09-14 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Rights and Climate Change explores the multifarious relationships between different types of climate-driven environmental changes and property rights. This original contribution to the literature examines such climate changes through the lens of property rights, rather than through the lens of land use planning. The inherent assumption pursued is that the different types of environmental changes, with their particular effects and impact on land use, share common issues regarding the relation between the social construction of land via property rights and the dynamics of a changing environment. Making these common issues explicit and discussing the different approaches to them is the central objective of this book. Through examining a variety of cases from the Arctic to the Australian coast, the contributors take a transdisciplinary look at the winners and losers of climate change, discuss approaches to dealing with changing environmental conditions, and stimulate pathways for further research. This book is essential reading for lawyers, planners, property rights experts and environmentalists.
Download or read book Property Rights in the Defence of Nature written by Elizabeth Brubaker and published by Routledge. This book was released on 2019-03-21 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Property Rights and the Environment written by Giuliano D'Auria and published by Institute of Economic Affairs. This book was released on 1999 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: University courses in environmental economics tend to focus almost exclusively on the role of the state in protecting the environment. However, as these essays show, some less trepid students have discovered that individuals can and do protect the environment through the use of property rights, markets and the rule of law (see especially the essay by Giuliano d'Auria). Indeed, private property is crucial for environmental protection, as testified by the human and environmental tragedy that befell the collectivized USSR (see the essay by Catherine Gillespie). Moreover, state regulation of the environment can have the perverse consequence of undermining private protection and thereby harming the environment (see the essay by Joseph Thomas). Environmentalists often claim that trade is harmful to the environment, citing the decline of the elephant as being a result of the ivory trade. As Nicola Tynan shows, however, trade itself is not usually the problem; rather it is a lack of private property rights which reduces the incentives of individuals to conserve species, be they elephants or seahorses.
