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Property Rights and Sustainability by David Grinlinton,Prue Taylor Pdf
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.
Private Property Rights and the Environment by Shelly Hiller Marguerat Pdf
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 Climate Change by Fennie van Straalen,Thomas Hartmann,John Sheehan Pdf
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.
Property Rights in a Social and Ecological Context by Susan Hanna,Mohan Munasinghe Pdf
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.
Intellectual Property and Sustainable Markets by Rognstad, Ole-Andreas,Ørstavik, Inger B. Pdf
Discussing how intellectual property (IP) rights play a role in tackling the challenge of securing sustainable development, renowned scholars consider how the core objective of IP rights to promote innovation and development of new knowledge aligns with the UN Sustainable Development Goals (SDGs). This timely and thought-provoking book provides an in-depth analysis of the multi-faceted interface between this core objective and the SDGs and argues for sustainable markets as an overreaching and contextual approach to the role of IP rights in tackling the challenges of the UN SDGs.
Collective Action and Property Rights for Poverty Reduction by Esther Mwangi,Helen Markelova,Ruth Meinzen-Dick Pdf
To improve their well-being, the poor in developing countries have used both collective action through formal and informal groups and property rights to natural resources. Collective Action and Property Rights for Poverty Reduction: Insights from Africa and Asia examines how these two types of institutions, separately and together, influence quality of life and how they can be strengthened to improve the livelihoods of the rural poor. The product of a global research study by the Systemwide Program on Collective Action and Property Rights (CAPRi) of the Consultative Group on International Agricultural Research, this book draws on case studies from East Africa and South and Southeast Asia to investigate how collective action and property rights have contributed to poverty reduction. The book extends the analysis of these institutions beyond their frequently studied role in natural resource management by also examining how they can reduce vulnerability to different types of shocks. Essays in the volume identify opportunities and risks present in the institutions of collective action and property rights. For example, property rights to natural resources can offer a variety of advantages, providing individuals and groups not only with benefits and incomes but also with assets that can counter the negative effects of shocks such as drought, and can make collective action easier. The authors also demonstrate that collective action has the potential to reduce poverty if it includes more vulnerable groups such as women, ethnic minorities, and the very poor. Preventing exclusion of these often-marginalized groups and guaranteeing genuinely inclusive collective action might require special rules and policies. Another danger to the poor is the capture of property rights by elites, which can be the result of privatization and decentralization policies; case studies and analysis identify actions to prevent such elite capture.
Environmental Markets by Terry L. Anderson,Gary D. Libecap Pdf
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.
Property Rights and the Environment by Susan Hanna,Mohan Munasinghe Pdf
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.
Real Estate by Peter Dent,Michael Patrick,Xu Ye Pdf
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.
Land Tenure Security and Sustainable Development by Margaret B. Holland,Yuta J. Masuda,Brian E. Robinson Pdf
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 by Nathalie J. Chalifour,Patricia Kameri-Mbote,Lin Heng Lye,John R. Nolon Pdf
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.
Planning By Law and Property Rights Reconsidered by Dr Thomas Hartmann,Prof Dr Barrie Needham Pdf
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.
Public Interest, Private Property by Anneke Smit,Marcia Valiante Pdf
When it comes to urban planning, to what extent and under what conditions should the community’s interest prevail over the rights of private property owners? Public Interest, Private Property addresses this question at a time when pollution, urban sprawl, and condo booms are forcing municipal governments to adopt prescriptive laws and regulations. Case studies focus on spheres in which public values and private property rights collide – expropriation law, natural resources regulation, green development, and water provision – laying the groundwork for more active debates on the issues currently shaping our cities.
Environmental Law and Economics by Klaus Mathis,Bruce R. Huber Pdf
This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.
From Environmental to Ecological Law by Kirsten Anker,Peter D. Burdon,Geoffrey Garver,Michelle Maloney,Carla Sbert Pdf
This book increases the visibility, clarity and understanding of ecological law. Ecological law is emerging as a field of law founded on systems thinking and the need to integrate ecological limits, such as planetary boundaries, into law. Presenting new thinking in the field, this book focuses on problem areas of contemporary law including environmental law, property law, trusts, legal theory and First Nations law and explains how ecological law provides solutions. Written by ecological law experts, it does this by 1) providing an overview of shortcomings of environmental law and other areas of contemporary law, 2) presenting specific examples of these shortcomings, 3) explaining what ecological law is and how it provides solutions to the shortcomings of contemporary law, and 4) showing how society can overcome some key challenges in the transition to ecological law. Drawing on a diverse range of case study examples including Indigenous law, ecological restoration and mining, this volume will be of great interest to students, scholars and policymakers of environmental and ecological law and governance, political science, environmental ethics and ecological and degrowth economics.