Download Property Rights and Natural Resources (Studies in by Richard Barnes PDF

By Richard Barnes

Using inner most estate rights to control universal pool common assets is a arguable subject which needs to deal with severe matters: the allocation of wealth in society and correct conservation and administration of constrained assets. Given the privatization of many average assets in the confines of States, the main major universal pool normal assets are these positioned in overseas parts, corresponding to the excessive seas and the ambience. This ebook explores the extension of personal estate rights and marketplace mechanisms to the rules of assets in those parts. advancements in off-shore fisheries and mineral exploitation (with references to different parts, comparable to forestry and toxins quotas, the place appropriate), the ebook considers the criminal ramifications of present strikes in the direction of the privatization of universal pool average assets. it really is skeptical approximately this approach and, specifically, questions no matter if inner most estate is the best and socially responsive association for the law of convinced typical assets. It then means that different estate regimes, akin to stewardship (which is strongly advocated), supply replacement and potential templates for source legislation, accurately simply because they're extra aware of the wider wishes of the society whose curiosity the valuables process is designed to satisfy. Taking account of criminal and philosophical advancements in estate conception, in addition to the impression that estate justifications have at the legislation of traditional assets, the writer is ready to exhibit that the economics literature is defective. the writer additionally assesses the impression of overseas legislations at the use of estate rights - a far overlooked subject - exhibiting how, simply because many common assets straddle foreign barriers, jurisdictional and overseas legislation matters has to be taken into consideration in the event that they are to be regulated. The e-book should be of curiosity to foreign attorneys who're attracted to the legislation of the ocean and overseas environmental legislations, in addition to estate attorneys, economists, and political scientists.

Show description

Read or Download Property Rights and Natural Resources (Studies in International Law) PDF

Best environmental & natural resources law books

The Law of Energy for Sustainable Development (IUCN Academy of Environmental Law Research Studies) (v. 1)

In November 2003, the fee on Environmental legislation (CEL) of IUCN (International Union for the Conservation of Nature and usual assets) introduced a brand new scholarly community of environmental legislation colleges and professors: the IUCN Academy of Environmental legislation. The IUCN Academy, a consortium of specialised learn facilities in collage legislations schools around the world, constitutes a realized society reading how legislation advances a simply society that values and conserves nature.

Polls and politics: the dilemmas of democracy

A provocative exam of the use and abuse of public opinion polls.

International Environment Cooperation: Politics and Diplomacy in Pacific Asia

This name brings jointly cutting edge and insightful reviews of foreign environmental politics during this more and more severe a part of the area. the 1st part of the e-book examines the various matters and actors impacting overseas environmental co-operation, highlighting very important subject matters akin to co-operation among built and constructing nations, foreign justice, and neighborhood environmental safeguard.

Energy and Environmental Project Finance Law and Taxation: New Investment Techniques

Power and Environmental venture Finance legislations and Taxation: New funding ideas offers practitioners with an invaluable and accomplished dialogue of strength and environmental undertaking finance because it is constructing and the place it's getting into gentle of recent felony and tax principles. this is often the 1st time that across the world famous attorneys and economists proportion their wisdom, services, and insights during this vital and turning out to be undefined.

Extra info for Property Rights and Natural Resources (Studies in International Law)

Example text

An important review of practice is to be found in two volumes edited by Ross Shotton for the FAO: see R Shotton (ed) Use of Property Rights in Fisheries Management, vol 1 (Rome, Food and Agriculture Organisation of the United Nations, 2000); R Shotton (ed), Use of Property Rights in Fisheries Management, vol 2 (Rome, Food and Agriculture Organisation of the United Nations, 2000) 29. 32 J Crutchfield, ‘Regulation of the Pacific Coast Halibut’ in R Hamlisch (ed), Economic Effects of Fishery Regulation: Report of an FAO Expert Meeting at Ottawa, June 12–17, 1961 (1962) 354.

This scenario will eventually result in the degradation of the pasture through overuse, and can be replicated for any resource system, be it common land, forestry or fisheries. Hardin’s approach has been subsumed within the wider literature on the economic inefficiency of open-access regimes. 7 Because no-one owns the resource, there is nothing to stop anyone from capturing the benefits of a resource, which leads to 3 See further, ch 5. See generally, D Curtis, Beyond Government: Organisations for Common Benefit (London, Macmillan, 1991).

Property and Sovereignty: Some Modes of Analysis 11 the relationship between domestic law, international law and property in respect of the regulation of natural resources and examines how this relationship impacts on the answers to the above questions about the regulation of property. The core thesis that it pursues is that when law is used to regulate a resource, the values and limitations inherent in a legal institution necessarily shape the form and content of any resultant right. So, to understand what forms and extents of property rights may be extended to natural resources, we must understand how legal rules on property are constructed and applied.

Download PDF sample

Rated 4.12 of 5 – based on 13 votes