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: 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.

Land Tenure Security and Sustainable Development

Land Tenure Security and Sustainable Development
Author: Margaret B. Holland
Publisher: Springer Nature
Total Pages: 353
Release: 2022-07-14
Genre: Social Science
ISBN: 3030818810

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This open access book presents a nuanced and accessible synthesis of the relationship between land tenure security and sustainable development. Contributing authors have collectively worked for decades on land tenure as connected with conservation and development across all major regions of the globe. The first section of this volume is intended as a standalone primer on land tenure security and its connections with sustainable development. The book then explores key thematic challenges that interact directly with land tenure security, followed by a section on strategies for addressing tenure insecurity. The book concludes with a section on new frontiers in research, policy, and action. An invaluable reference for researchers in the field and for practitioners looking for a comprehensive overview of this important topic. This is an open access book.

Land Use Law for Sustainable Development

Land Use Law for Sustainable Development
Author: Nathalie J. Chalifour
Publisher: Cambridge University Press
Total Pages: 606
Release: 2006-11-20
Genre: Law
ISBN: 1139460587

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This 2007 book surveys the global experience to date in implementing land-use policies that move us further along the sustainable development continuum. The international community has long recognized the need to ensure ongoing and future development is conducted sustainably. While high-level commitments towards sustainable development such as those included in the Rio and Johannesburg Declarations are politically important, they are irrelevant if they are not translated into reality on the ground. This book includes chapters that discuss the challenges of implementing sustainable land-use policies in different regions of the world, revealing problems that are common to all jurisdictions and highlighting others that are unique to particular regions. It also includes chapters documenting new approaches to sustainable land use, such as reforms to property rights regimes and environmental laws. Other chapters offer comparisons of approaches in different jurisdictions that can present insights which might not be apparent from a single-jurisdiction analysis.

Law and Sustainability

Law and Sustainability
Author: Koen Byttebier
Publisher: Springer Nature
Total Pages: 305
Release: 2022-06-22
Genre: Law
ISBN: 3030926206

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This book deals with some aspects of the future shape of the socio-economic order which would be founded on sustainability principles and the role of law therein, instead of on the prevailing capitalist economic order. The volume elaborates in particular on how innovation, a crucial aspect of free-market capitalism and its laws which constitute the current socio-economic order, could result in a more sustainable economy which, in turn, could lead to a more sustainable society. Moreover, the book analyses current developments in financial and economic law and evaluates their perks, risks and sustainability levels. The book contains no less than 11 chapters in which a variety of experts share their state-of-the-art insights regarding specific domains of socio-economic life. As such, the book deals with topics that are at present fully under debate in societies, such as student credit and the dangers it entails, cryptocurrencies and how the law tries to regulate this basically private law instrument, groups of companies under Belgian (company) law, a proposal for improving the international monetary system, and seeds and intellectual property rights, besides various other similar themes. The book forms the latest volume of the book series Economic and Financial Law & Policy – Shifting Insights & Values, and fully complies with the series’ goal of critically examining the legal methods and mechanisms that shape the global free markets and proposing alternatives to them. The book will hereby prove a valuable instrument for all researchers investigating these matters, besides policymakers and their advisers as well as all lawyers active in the field of economic law who look for a new perspective on the subject matters dealt with.

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.

Planning By Law and Property Rights Reconsidered

Planning By Law and Property Rights Reconsidered
Author: Barrie Needham
Publisher: Routledge
Total Pages: 270
Release: 2016-04-22
Genre: Law
ISBN: 131708019X

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Countries which take spatial planning seriously should take planning law and property rights also seriously. There is an unavoidable logical relationship between planning, law, and property rights. However, planning by law and property rights is so familiar and taken for granted that we do not think about the theory behind it. As a result, we do not think abstractly about its strengths and weaknesses, about what can be achieved with it and what not, how it can be improved, how it could be complemented. Such reflections are essential to cope with current and future challenges to spatial planning. This book makes the (often implicit) theory behind planning by law and property rights explicit and relates it to those challenges. It starts by setting out what is understood by planning by law and property rights, and investigates - theoretically and by game simulation - the relationships between planning law and property rights. It then places planning law and property rights within their institutional setting at three different scales: when a country undergoes enormous social and political change, when there is fundamental political debate about the power of the state within a country, and when a country changes its legislation in response to European policy. Not only changing institutions, but also global environmental change, pose huge challenges for spatial planning. The book discusses how planning by law and property rights can respond to those challenges: by adaptive planning), by adaptable property rights, and by public policies at the appropriate geographical level. Planning by law and property rights can fix a local regime of property rights which turns out to be inappropriate but difficult to change. It questions whether such regimes can be changed and whether planning agencies can make such undesirable lock-ins less likely by reducing market uncertainty and, if so, by what means.

Real Estate

Real Estate
Author: Peter Dent
Publisher: Routledge
Total Pages: 243
Release: 2012-10-02
Genre: Architecture
ISBN: 113630682X

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Traditional studies of the property market have tended to focus solely on commercial and legal issues, but the growing importance of the issue of sustainability means that a different approach is needed. This new textbook provides an overview of property within a market context, examining the complex nature of property rights and issues related to both investors and occupiers. At the same time it assesses property from the perspective of financial, social and environment sustainability. Topics covered range from the characteristics of property and depreciation, to ownership and development through to investments and sustainability reporting. The book concludes with key skills in sustainable knowledge needed by those working in the real estate industry. Written by an author team of experienced property professionals, this essential introductory textbook is well suited for property, planning and architecture students on undergraduate, graduate and conversion courses, as well as those on CPD and training programmes in related areas.

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

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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.