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.

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.

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.

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.

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.

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.

Human Rights in Natural Resource Development

Author: Donald N. Zillman
Publisher: Courier Corporation
ISBN: 0199253781
Release Date: 2002
Genre: Law

A new human right of public participation by those affected by natural resource development is set to define major economic developments in the twenty-first century. It is a fundamental part of the international norm of 'sustainable development', designed to harmonise economic betterment and environmental-cultural-social protection for this and succeeding generations. This book, authored by world experts in international resources law, provides the theoretical and practical guidance essential to understanding and dealing with this new development.

International Cooperation

Author: Oran R. Young
Publisher: Cornell University Press
ISBN: 0801495210
Release Date: 1989-01-01
Genre: Political Science

The notion of regimes as institutions that shape international behavior has received much attention from scholars in the field of international relations as a way of understanding how sovereign states secure international cooperation. Oran Young here seeks both to develop our theoretical grasp of international regimes and to expand the range of empirical applications of this line of analysis.

Innovation in natural resource management

Author: Ruth Suseela Meinzen-Dick
Publisher: Johns Hopkins Univ Pr
ISBN: MINN:31951D02504533L
Release Date: 2002-09-25
Genre: Business & Economics

This volume brings together international experts in economics, sociology and natural resource management to examine the links among property rights, collective action and technological change for a variety of technologies across a range of community contexts in the developing world., Readership: undergraduate; postgraduate; research, professional

Private Power Public Law

Author: Susan K. Sell
Publisher: Cambridge University Press
ISBN: 052152539X
Release Date: 2003
Genre: Business & Economics

Analysis of the power of multinational corporations in moulding international law on 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.