Property and the Law in Energy and Natural Resources

Property and the Law in Energy and Natural Resources

Author: Aileen McHarg

Publisher:

Published: 2010

Total Pages: 498

ISBN-13: 0199579857

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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.


Private Property Rights and the Environment

Private Property Rights and the Environment

Author: Shelly Hiller Marguerat

Publisher: Springer

Published: 2018-11-11

Total Pages: 485

ISBN-13: 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.


Property Rights and Natural Resources

Property Rights and Natural Resources

Author: Richard Barnes

Publisher: Bloomsbury Publishing

Published: 2009-04-22

Total Pages: 472

ISBN-13: 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.


Rights to Nature

Rights to Nature

Author: Susan Hanna

Publisher:

Published: 1996-09

Total Pages: 324

ISBN-13:

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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.


Property Rights and Sustainability

Property Rights and Sustainability

Author: David Grinlinton

Publisher: Martinus Nijhoff Publishers

Published: 2011-04-11

Total Pages: 449

ISBN-13: 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 in Land and Other Resources

Property in Land and Other Resources

Author: Daniel H. Cole

Publisher: Lincoln Inst of Land Policy

Published: 2012

Total Pages: 492

ISBN-13: 9781558442214

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This book by Daniel Cole and Elinor Ostrom, winner of the 2009 Nobel Prize in Economics, shows how property rights systems affect the use of scarce natural resources. It is a rich source of information for those involved in conservation, land dispute resolution, land market regulation, public policy, and zoning.


Natural Resources and Human Rights

Natural Resources and Human Rights

Author: Jérémie Gilbert

Publisher:

Published: 2018

Total Pages: 225

ISBN-13: 0198795661

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Examining the role human rights can play in the regulation of natural resource management, this book shines light on the duties of states and private actors when exploiting natural resources and the procedural rights of affected citizens.


Innovation in Natural Resource Management

Innovation in Natural Resource Management

Author: Ruth Suseela Meinzen-Dick

Publisher: International Food Policy Research Insitute

Published: 2002

Total Pages: 342

ISBN-13:

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This volume brings together international experts in economics, sociology and natural resource management to examine the links among property rights, collective action and technological change for a variety of technologies across a range of community contexts in the developing world., Readership: undergraduate; postgraduate; research, professional


Native American Natural Resources Law

Native American Natural Resources Law

Author: Judith V. Royster

Publisher:

Published: 2008

Total Pages: 656

ISBN-13:

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To access this book's 2010 Update, click here. In addition, to bring the book up-to-date for 2011-12 before the new edition is released, click here. This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book covers tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies. The second edition updates the casebook to include Supreme Court cases, such as the 2003 trust cases and the 2005 Sherrill case, as well as other judicial and legislative developments since 2002. The new edition also expands the materials on cultural and religious resources, natural resources damages, and international law; reorganizes the materials on water law; and includes the recent decision recognizing a right of habitat protection in treaties recognizing off-reservation fishing.