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.

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.

Conflict Negotiations and Natural Resource Management

Author: Maarten Bavinck
Publisher: Routledge
ISBN: 9781135048983
Release Date: 2014-10-17
Genre: Business & Economics

Conflicts over natural resources abound in India, where much of the population is dependent on these resources for their livelihoods. Issues of governance and management are complicated by the competing claims of parallel legal systems, including state, customary, religious, project and local laws. Whereas much has been written about property rights, this unique collection takes a legal anthropological perspective to explore how the coexistence and interaction between multiple legal orders provide bases for claiming property rights. It examines how hybrid legal institutions have developed over time in India and how these impact on justice in the governance and distribution of natural resources. The book brings together original case studies that offer fresh perspectives on the governance of forests, water, fisheries and agricultural land in a diverse range of social and spatial contexts. This brand new research provides a timely and persuasive overview of the fundamental role of parallel legal systems in shaping how people manage natural resources. It will be of interest to scholars and practitioners of environmental law, property law, environmental politics, anthropology, sociology and geography.

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.

Native American Natural Resources Law

Author: Judith V. Royster
Publisher:
ISBN: 1531007155
Release Date: 2017-04-26
Genre: Environmental law

This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book explores tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies. The third edition updates the casebook to include recent Supreme Court cases as well as other judicial and legislative developments since 2008. The new edition also expands the materials on cultural and religious resources, the federal trust doctrine, the Cobell settlement, water rights settlements, natural resources damages, and international law.

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.

The International Law of Property

Author: John G. Sprankling
Publisher: OUP Oxford
ISBN: 9780191502521
Release Date: 2014-05-01
Genre: Law

Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

Future Generations and International Law

Author: Emmanuel Agius
Publisher: Routledge
ISBN: 9781317971788
Release Date: 2013-12-19
Genre: Political Science

Sustainable development requires consideration of the quality of life that future generations will be able to enjoy, and as the adjustment to sustainable lifestyles gathers momentum, the rights of future generations and our responsibility for their wellbeing is becoming a central issue. In this, the first book to address this emerging area of international law, leading experts examine the legal and theoretical frameworks for representing and safeguarding the interests of future generations in current international treaties. This unique volume will be required reading for academics and students of international environmental law and policy. Emmanuel Agius is Senior Lecturer at the Faculty of Theology and Coordinator of the Future Generations Programme at the Foundation for International Studies, University of Malta. Salvino Busuttil is former Director General of the Foundation for International Studies. Future Generations and International Law is the seventh volume in the International Law and Sustainable Development series, co-developed with FIELD. The series aims to address and define the major legal issues associated with sustainable development and to contribute to the progressive development of international law. Other titles in the series are: Greening International Law, Interpreting the Precautionary Principle, Property Rights in the Defence of Nature, Improving Compliance with International Environmental Law, Greening International Institutions and Quotas in International Environmental Agreements. 'A legal parallel to the Blueprint series - welcome, timely and provocative' David Pearce Originally published in 1997

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

Beyond Intellectual Property

Author: Darrell Addison Posey
Publisher: IDRC
ISBN: 088936799X
Release Date: 1996
Genre: Law

Beyond Intellectual Property: Toward traditional resources rights for indigenous peoples and local communities

The Rio Declaration on Environment and Development

Author: Jorge E. Viñuales
Publisher: OUP Oxford
ISBN: 9780191510427
Release Date: 2015-02-05
Genre: Law

The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.