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.
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.
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.
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.--
The collection of papers in this book and its companion volume, Property Rights in Social and Ecological Context: Case Studies and Design Applications, (6) examine the relationships between people, the environment, and property rights and the ways in which a given social and ecological context affects those relationships. The papers are products of a research program at the Royal Swedish Academy of Sciences, Stockholm. The main objective of the program was to convene social scientists and natural scientists to address research questions in their full social and ecological dimensions.The program's participants addressed five general issues related to property rights and the environment: (1) the design of governance systems for sustainability; (2) the relationship between equity, stewardship, and environmental resilience; (3) the use of traditional knowledge in resource management, (4) the mechanisms that link people to their environments, and (5) the role played by population and poverty. The companion volume presents case studies that address questions of design application in those five areas.(6) Also available: Property Rights in a Social and Ecological Context: Case Studies and Design Applications. (ISBN 0-8213-3416-6) Stock No. 13416.
The collection of papers in the book Property Rights and the Environment: Social and Ecological Issues, (6) and this companion volume examine the relationships between people, the environment, and property rights and the ways in which a given social and ecological context affects those relationships. The papers are products of a research program at the Royal Swedish Academy of Sciences, Stockholm. The main objective of the program was to convene social scientists and natural scientists to address research questions in their full social and ecological dimensions.The program's participants addressed five general issues related to property rights and the environment: (1) the design of governance systems for sustainability; (2) the relationship between equity, stewardship, and environmental resilience; (3) the use of traditional knowledge in resource management, (4) the mechanisms that link people to their environments, and (5) the role played by population and poverty. This volume presents case studies that address questions of design application in those five areas.(6) Also available: Property Rights and the Environment: Social and Ecological Issues. (ISBN 0-8213-3415-8) Stock No. 13415.
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.
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.
