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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.
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.
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.
The original edition of this seminal book, published in 1991, introduced the concept of using markets and property rights to protect and improve environmental quality. Since publication, the ideas in this book have been adopted not only by conservative circles but by a wide range of environmental groups. To mention a few examples, Defenders of Wildlife applies the tenets of free market environmentalism to its wolf compensation program; World Wildlife Federation has successfully launched the CAMPFIRE program in southern Africa to reward native villagers who conserve elephants; and the Oregon Water Trust uses water markets to purchase or lease water for salmon and steelhead habitats. This revised edition updates the successful applications of free market environmentalism and adds two new chapters.
First published in 1995. In this study, the author provides a lively and accessible account of the failure of the legal regime to protect the environment. Elizabeth Brubaker explores how legal reliance on property rights has been useful in opposing pollution of land and water. This title will be of interest to students of Environmental Studies, as well as to all those interest in a more secure future for the environment.
The past several decades have witnessed a growing recognition that environmental concerns are essentially property rights issues. Despite agreement that an absence of well-defined and consistently enforced property rights results in the exploitation of air, water, and other natural resources, there is still widespread disagreement about many aspects of America's property rights paradigm. The prominent contributors to Who Owns the Environment? explore numerous theoretical and empirical possibilities for remedying these problems. An important book for environmental economists and those interested in environmental policy.
Understanding how rights to resources are assigned and how they are controlled is critical to designing and implementing effective strategies for environmental management and conservation. This book is a nontechnical, interdisciplinary introduction to the systems of rights, rules, and responsibilities that guide and control human use of the environment.
In the first part the report discusses the common claim that our environment is being destroyed and recalls dire predictions about the future, trying to explain their emotional roots. In the second part it describes the main tenets of ‘wise use environmentalism’ and the economic and political case for private property rights. In the third part it analyses solutions that have been developed in Iceland to the problem of common-pool or non-exclusive resources, such as mountain pastures, salmon rivers and, most importantly, offshore fisheries. In the fourth part it looks at exotic wildlife, whales, elephants, and rhinos and argues that the best way to conserve these valuable species is by defining some kind of use rights to them, akin to private property rights, and to allow trade in their products. Finally, it offers some recommendations.
Which matters more--spotted owls or the right to cut timber on your own land? Who has a greater right to the water of the Colorado River--California farmers, Denver housewives, or whitewater rafters? The vitally important right to property--from land to copyrights--is threatened by overzealous bureaucrats, ecological extremists, and an arbitrary judiciary.
This book argues that environmental law must be seen as a historical product of surprising antiquity and considerable sophistication.