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 resour
Private Property Rights and the Environment: Our Responsibilities to Global Natural Resources
β Scribed by Shelly Hiller Marguerat
- Publisher
- Springer International Publishing,Palgrave Macmillan
- Year
- 2019
- Tongue
- English
- Leaves
- 485
- Series
- Palgrave Studies in Environmental Policy and Regulation
- Edition
- 1st ed.
- Category
- Library
No coin nor oath required. For personal study only.
β¦ Synopsis
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 βnatureβ as βpropertyβ 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.
β¦ Table of Contents
Front Matter ....Pages i-xiv
Introduction (Shelly Hiller Marguerat)....Pages 1-25
Private Property Right as Essential for Human Liberty and Safe Society (Shelly Hiller Marguerat)....Pages 27-86
Private Property Balanced with the General Interest on International Ground (Shelly Hiller Marguerat)....Pages 87-120
Property as a Common Use (Shelly Hiller Marguerat)....Pages 121-151
The International Human Right to a Healthy Environment, Human Right Obligations for Nature and Possible Difficulties of Implementations (Shelly Hiller Marguerat)....Pages 153-209
A Possible Answer from the βSourceβ of the Environmental Problem (Shelly Hiller Marguerat)....Pages 211-248
The Basic Understanding of the Theory of Property and Its Foundation (Shelly Hiller Marguerat)....Pages 249-272
The Basis for the Clear and Affordable Responsibilities to Property Rights (Shelly Hiller Marguerat)....Pages 273-291
Lockeβs Correlative Property Limits/Responsibilities to His Property Rights (Shelly Hiller Marguerat)....Pages 293-428
Lockeβs Relevance to all Scholars in all Times (Shelly Hiller Marguerat)....Pages 429-444
Final Conclusions (Shelly Hiller Marguerat)....Pages 445-457
Back Matter ....Pages 459-477
β¦ Subjects
Social Sciences; Environment Studies; International Environmental Law; Environmental Law/Policy/Ecojustice; Environmental Geography
π SIMILAR VOLUMES
This book explores the nature of moral responsibilities of affluent individuals in the developed world, addressing global poverty and arguments that philosophers have offered for having these responsibilities. The first type of argument grounds responsibilities in the ability to avert serious suffer
Always controversial, Thomas DeGregori has released another classic volume that is sure to inform, confound, and present new perspectives on todays environmental issues. This time he is taking on the environmentalists, naturalists, green consumerists, and those that hail the natural lifestyle as the
Recently, the public attention has turned toward the intricate interrelation between economic growth and global warming. This book focuses on this nexus but broadens the framework to study the issue. Growth is seen as global growth, which affects the global environment and climate change. Global gro
Presenting a comprehensive, critical examination of the claim that private property is one of the fundamental rights of humankind, Waldron here contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property for freedom. He illustra