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.
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Basic Documents and Commentary
Produktdetaljer
ISBN
9781847315038
Publisert
2015
Utgave
1. utgave
Utgiver
Vendor
Hart Publishing
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter