Private Property Rights and the Environment

Private Property Rights and the Environment
Author: Shelly Hiller Marguerat
Publisher: Springer
Total Pages: 477
Release: 2018-11-11
Genre: Social Science
ISBN: 3319979000

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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.

Earth Jurisprudence

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

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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.

Property Rights and Sustainability

Property Rights and Sustainability
Author: David Grinlinton
Publisher: Martinus Nijhoff Publishers
Total Pages: 449
Release: 2011-04-11
Genre: Law
ISBN: 9004182640

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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.

Property Rights and Climate Change

Property Rights and Climate Change
Author: Fennie van Straalen
Publisher: Routledge
Total Pages: 269
Release: 2017-09-14
Genre: Law
ISBN: 1315520079

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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.

Private Property Rights and the Environment

Private Property Rights and the Environment
Author: Shelly Hiller Marguerat
Publisher:
Total Pages: 477
Release: 2019
Genre: Environment
ISBN: 9783319979014

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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.--

Who Owns the Environment?

Who Owns the Environment?
Author: Peter J. Hill
Publisher: Rowman & Littlefield Publishers
Total Pages: 367
Release: 1998-08-20
Genre: Business & Economics
ISBN: 1461647053

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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.

Property Rights, Economics and the Environment

Property Rights, Economics and the Environment
Author: Michael D. Kaplowitz
Publisher: Routledge
Total Pages: 305
Release: 2004-08-02
Genre: Business & Economics
ISBN: 1135697159

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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.

Private Property Rights and Environmental Laws

Private Property Rights and Environmental Laws
Author: United States. Congress. Senate. Committee on Environment and Public Works
Publisher:
Total Pages: 254
Release: 1996
Genre: Law
ISBN:

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Environmental Markets

Environmental Markets
Author: Terry L. Anderson
Publisher: Cambridge University Press
Total Pages: 245
Release: 2014-05-12
Genre: Business & Economics
ISBN: 1107010225

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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.

Pollution and Property

Pollution and Property
Author: Daniel H. Cole
Publisher: Cambridge University Press
Total Pages: 234
Release: 2002-07-18
Genre: Law
ISBN: 9780521001090

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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.