Property Rights and Natural Resources

Author: Richard Barnes
Publisher: Bloomsbury Publishing
ISBN: 9781847315038
Release Date: 2009-04-22
Genre: Law

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.

Property and the Law in Energy and Natural Resources

Author: Aileen McHarg
Publisher: Oxford University Press, USA
ISBN: 9780199579853
Release Date: 2010
Genre: Law

Joanne Limburg is a woman who thinks things she doesn't want to think, and who does things she doesn't want to do. As a small child, she would chew her hair all day and lie awake at night wondering if heaven had a ceiling; a few years later, when she should have been doing her homework, she was pacing her bedroom, agonising about the unfairness of lif as a woman, and the shortness of her legs. By the time she was an adult, obsessive thoughts and compulsive behaviours had come to dominate her life. She knew that something was wrong with her, but it would take many years before she understood what that something was. The Woman Who Thought Too Much follows Limburg's quest to understand her Obsessive-Compulsive Disorder and to manage her symptoms. She takes the reader on a journey through consulting rooms, libraries and internet sites, as she learns about rumination, scrupulosity, avoidance, thought-action fusion, fixed-action patterns, anal fixations, schemas, basal ganglia, tics and synapses. Meanwhile, she does her best to come to terms with an illness which turns out to be common and even - sometimes - treatable. This vividly honest memoir is a sometimes shocking, often humorous revelation of what it is like to live with so debilitating a condition. It is also an exploration of the inner world of a poet and an intense evocation of the persistence and courage of the human spirit in the face of mental illness.

Human Rights Natural Resource and Investment Law in a Globalised World

Author: Lorenzo Cotula
Publisher: Routledge
ISBN: 9781136600029
Release Date: 2012-03-12
Genre: Business & Economics

In the world’s developing countries, foreign investment in natural resources brings into contact competing interests that are often characterised by unequal balances of negotiating power – from multinational corporations and host governments, through to the local people affected by the influx of foreign investment. The growing integration of the world economy has been accompanied by rapid and extensive developments in the national and international norms that regulate investment and its impact – including investment law, natural resource law and human rights law. These legal developments affect the ‘shadow’ that the law casts over the multiple negotiations that characterise international investment projects in the developing world. Drawing on international law, the national law of selected jurisdictions and the contracts concluded in a large investment project, Human Rights, Natural Resource and Investment Law in a Globalised World explores the ways in which the law protects the varied property rights that are at play in foreign investment projects in developing countries, with a focus on Africa. Through an integrated analysis of seemingly disparate fields of law, this book sheds new light on how the law mediates the competing interests that come into contact as a result of economic globalisation, whilst also providing new insights on the changing nature of state sovereignty and on the relationship between law and power in a globalised world. This book will be of interest to scholars, students and informed practitioners working in the fields of international investment and human rights law, comparative law, socio-legal studies, and development studies.

International Natural Resources Law Investment and Sustainability

Author: Shawkat Alam
Publisher: Routledge
ISBN: 9781317535881
Release Date: 2017-09-27
Genre: Law

International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it is clear that several themes are central in considering the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions which encourage positive social, economic and environmental outcomes for developing countries. In addition, this book provides new insights into key concepts which underpin international law, including sovereign rights and state responsibility principles. It is clear from this book that in the attempt to reconcile these concepts and principles from separate legal regimes, complex policy questions emerge whereby it is difficult to attain mutually beneficial or succinct outcomes. This book explores how countries prioritise their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North–South cooperation, as well as South–South cooperation in the international investment regime. This book will be of great interest to students, academics and researchers of international environmental law, international human rights law, international investment law and international economic law. This book may also be of relevance to environmentalists, policy-makers, NGOs, and investors working in the natural resources field.

Research Handbook on International Law and Natural Resources

Author: Elisa Morgera
Publisher: Edward Elgar Publishing
ISBN: 9781783478330
Release Date: 2016-11-25
Genre: Law

Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.

The Exploitation of Natural Resources of the Moon and Other Celestial Bodies

Author: Fabio Tronchetti
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004175358
Release Date: 2009
Genre: Law

The purpose of this book is to propose a legal regime to govern the exploitation of natural resources of the moon and other celestial bodies. Considering, on the one side, the interest shown by states and private operators to extract and use extraterrestrial natural resources and, on the other, the absence of specific rules dealing with such an option, the establishment of a legal framework to regulate the exploitation of natural resources of the moon and other celestial bodies is needed so as to ensure its peaceful, safe and orderly development.

Property Rights and Sustainability

Author: David Grinlinton
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004182646
Release Date: 2011-04-11
Genre: Law

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.

Natural Resources Grabbing An International Law Perspective

Author: Francesca Romanin Jacur
Publisher: Brill | Nijhoff
ISBN: 9789004305663
Release Date: 2015-10-22
Genre: Law

Natural Resources Grabbing: An International Law Perspective aims at filling a gap in legal literature by addressing the adverse effects that large-scale investments in natural resources may pose to fundamental human rights and the protection of the environment.

Research Handbook on International Law and Natural Resources

Author: Elisa Morgera
Publisher: Edward Elgar Publishing
ISBN: 9781783478330
Release Date: 2016-11-25
Genre: Law

Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.

The Evolution of Natural Resources Law and Policy

Author: Lawrence J. MacDonnell
Publisher: American Bar Association
ISBN: 1604424303
Release Date: 2010
Genre: Law

Natural resources law is a dynamic field of practice, with a rich history that reaches back several centuries. The authors look at current challenges and offer ideas about the future while demonstrating that the federal government's role continues to be a complex one as markets and private actors become more visible participants in the current policy arena. Part I provides foundational analyses of the law, while the second part reviews thematic issues in the area.

Indigenous Peoples Status in the International Legal System

Author: Mattias Åhrén
Publisher: Oxford University Press
ISBN: 9780191083976
Release Date: 2016-03-10
Genre: Law

While many have explored the law surrounding the rights of indigenous peoples through an examination of all relevant instruments and institutions, this book is based on the premise that one can obtain an in depth knowledge of the indigenous rights regime by simply knowing the answer to two questions: What is meant by 'peoples' and 'equality' under international law? From Terra Nullius to International Legal Subjects and Possessors of Land - Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume articulates that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right to self-determination, and, if so, what should be the content and scope of this right. The book additionally explores the contemporary meaning of 'equality', arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources. This book outlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.

Use of Property Rights in Fisheries Management

Author: Ross Shotton
Publisher: Food & Agriculture Org.
ISBN: 9251045305
Release Date: 2000
Genre: Nature

In the old days, when offshore stocks were large and fishing fleets were small, there was no call for either private ownership or government regulation. As the growing cities provided increasing markets for both fresh and salted fish, more and larger vessels put to sea for longer periods. By mid-19th century, ocean fishing activity had expanded to a dangerous level and each year's fishing left the stock a little smaller than the year before. In the last decades of the 20th century governments' advice began to come not only from perturbed fishermen, but also from scientists. Today, regulations based on biological theories can be found everywhere. The FishRights99 Conference provided the perfect opportunity to address a new challenge: use property rights to manage fisheries in ways that are ecologically sustainable and ensure Fish for the Future. Part 2 of these proceedings contains papers of presentations made during the workshop sessions, addressing national experiences in the design, implementation and modification of rights-based systems of fisheries management. The presentations included those made from the perspective of the fishing industry, government policy-makers and administrators and the legal implications as a consequence of national systems of law. Those concerned with the social and economic implications of this form of management reviewed the implications for communities affected by such changes in fisheries management approach. Many papers describe specific national implementation experiences, both positive and negative, and national programme successes and "less-than-successes". Other papers deal with the social, economic and legal theory appertaining to this form of management.

Governance Natural Resources and Post Conflict Peacebuilding

Author: Carl Bruch
Publisher: Routledge
ISBN: 9781136272066
Release Date: 2016-04-07
Genre: Law

When the guns are silenced, those who have survived armed conflict need food, water, shelter, the means to earn a living, and the promise of safety and a return to civil order. Meeting these needs while sustaining peace requires more than simply having governmental structures in place; it requires good governance. Natural resources are essential to sustaining people and peace in post-conflict countries, but governance failures often jeopardize such efforts. This book examines the theory, practice, and often surprising realities of post-conflict governance, natural resource management, and peacebuilding in fifty conflict-affected countries and territories. It includes thirty-nine chapters written by more than seventy researchers, diplomats, military personnel, and practitioners from governmental, intergovernmental, and nongovernmental organizations. The book highlights the mutually reinforcing relationship between natural resource management and good governance. Natural resource management is crucial to rebuilding governance and the rule of law, combating corruption, improving transparency and accountability, engaging disenfranchised populations, and building confidence after conflict. At the same time, good governance is essential for ensuring that natural resource management can meet immediate needs for post-conflict stability and development, while simultaneously laying the foundation for a sustainable peace. Drawing on analyses of the close relationship between governance and natural resource management, the book explores lessons from past conflicts and ongoing reconstruction efforts; illustrates how those lessons may be applied to the formulation and implementation of more effective governance initiatives; and presents an emerging theoretical and practical framework for policy makers, researchers, practitioners, and students. Governance, Natural Resources, and Post-Conflict Peacebuilding is part of a global initiative to identify and analyze lessons in post-conflict peacebuilding and natural resource management. The project has generated six books of case studies and analyses, with contributions from practitioners, policy makers, and researchers. Other books in this series address high-value resources, land, water, livelihoods, and assessing and restoring natural resources.

Intellectual Liberty

Author: Dr Hugh Breakey
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781409472629
Release Date: 2012-12-28
Genre: Law

Considering the steady increase in intellectual property rights in the last century, does it make sense to speak of ‘user’s rights’ and can limitations on intellectual liberty be justified from a rights-based perspective? This book philosophically defends the importance of the public domain and user’s rights through the use of natural-rights thought. Utilizing primarily the work of John Locke, it contends that considerations of natural justice and human freedom impose powerful constraints on the proper reach and substance of intellectual property rights, especially copyright. It investigates both the internal and external natural-rights constraints on intellectual property, and argues in particular for the importance to human freedom of the right to intellectual liberty - the right to inform one’s actions by learning about the world. It concludes that respect for fundamental freedom-based interests require a balanced approach to the scope, strength and duration of intellectual property rights.

Regulatory Property Rights

Author: Christine Godt
Publisher: BRILL
ISBN: 9789004313521
Release Date: 2016-12-01
Genre: Law

Regulatory Property Rights: The Transforming Notion of Property in Transnational Business Regulation offers fresh impetus for rethinking modern property theory.