[PDF] Private Property Rights And The Environment eBook

Author : Shelly Hiller Marguerat
Publisher : Springer
Page : 477 pages
File Size : 25,20 MB
Release : 2018-11-11
Category : 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.

Author : Peter D. Burdon
Publisher : Routledge
Page : 188 pages
File Size : 22,71 MB
Release : 2014-09-19
Category : 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.

Author : David Grinlinton
Publisher : Martinus Nijhoff Publishers
Page : 449 pages
File Size : 42,85 MB
Release : 2011-04-11
Category : 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.

Author : Michael D. Kaplowitz
Publisher : Routledge
Page : 305 pages
File Size : 17,14 MB
Release : 2004-08-02
Category : 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.

Author : Shelly Hiller Marguerat
Publisher :
Page : 477 pages
File Size : 12,31 MB
Release : 2019
Category : 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.--

Author : Peter J. Hill
Publisher : Rowman & Littlefield Publishers
Page : 367 pages
File Size : 30,14 MB
Release : 1998-08-20
Category : 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.

Author : Susan Hanna
Publisher :
Page : 324 pages
File Size : 38,23 MB
Release : 1996-09
Category : Business & Economics
ISBN :

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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.

Author : Fennie van Straalen
Publisher :
Page : 0 pages
File Size : 18,91 MB
Release : 2018
Category : Climatic changes
ISBN : 9781138698000

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Impacts in changing contexts -- Theoretical notions -- Information and land values -- Formal rules -- Financial responsibility

Author : Daniel H. Cole
Publisher : Cambridge University Press
Page : 234 pages
File Size : 11,10 MB
Release : 2002-07-18
Category : 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.