Property Rights In The Defence Of Nature
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Property Rights In The Defence Of Nature
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Author : Elizabeth Brubaker
language : en
Publisher: Routledge
Release Date : 2019-03-21
Property Rights In The Defence Of Nature written by Elizabeth Brubaker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-21 with Business & Economics categories.
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.
Property Rights In The Defence Of Nature
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FREE 30 Days
Author : Elizabeth Brubaker
language : en
Publisher: Routledge
Release Date : 2019-03-21
Property Rights In The Defence Of Nature written by Elizabeth Brubaker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-21 with Business & Economics categories.
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.
Property Rights And Sustainability
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Author : David Grinlinton
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-04-11
Property Rights And Sustainability written by David Grinlinton and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-11 with Law categories.
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.
Private Property Rights And The Environment
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Author : Shelly Hiller Marguerat
language : en
Publisher:
Release Date : 2019
Private Property Rights And The Environment written by Shelly Hiller Marguerat and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Environment categories.
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.--
The Philosophical Foundations Of Environmental Law
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Author : Sean Coyle
language : en
Publisher:
Release Date : 2004
The Philosophical Foundations Of Environmental Law written by Sean Coyle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Electronic books categories.
Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Treated as such, 'environmental law' refers not to a body of distinctive juristic ideas (such as one might find in contract law or tort) but to a body of black-letter rules out of which a distinct jurisprudence might grow. This book challenges the accepted view by arguing that environmental law must be seen not as a mere instrument of social policy, but as a historical product of surprising antiquity and considerable sophistication. Environmental law, it is argued, is underpinned by a series of tenets concerning the relationship of human beings to the natural world, through the acquisition and use of property. By tracing these ideas to their roots in the political philosophy of the seventeenth century, and their reception into the early law of nuisance, this book seeks to overturn the perception that environmental law's philosophical significance is confined to questions about the extent to which a state should pursue collective well-being and public health through deliberate manipulation and restriction of private property rights. Through a close re-examination of both early and modern statutes and cases, this book concludes that, far from being intelligible in exclusively instrumental terms, environmental law must be understood as the product of sustained reflection upon fundamental moral questions concerning the relationship between property, rights and nature.
Earth Jurisprudence
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Author : Peter D. Burdon
language : en
Publisher: Routledge
Release Date : 2014-09-19
Earth Jurisprudence written by Peter D. Burdon and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-19 with Law categories.
The idea of human dominion over nature has become entrenched by the dominant rights-based interpretation of private property. Accordingly, nature is not attributed any inherent value and becomes merely the matter of a human property relationship. Earth Jurisprudence: Private Property and the Environment explores how an alternative conception of property might be instead grounded in the ecocentric concept of an Earth community. Recognising that human beings are deeply interconnected with and dependent on nature, this concept is proposed as a standard and measure for human law. This book argues that the anthropocentric institution of private property needs to be reconceived; drawing on international case law, indigenous views of property and the land use practices of agrarian communities, Peter Burdon considers how private property can be reformulated in a way that fosters duties towards nature. Using the theory of earth jurisprudence as a guide, he outlines an alternative ecocentric description of private property as a relationship between and among members of the Earth community. This book will appeal to those researching in law, justice and ecology, as well as anyone pursuing an interest more particularly in earth jurisprudence.
Emissions Trading Schemes
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Author : Sanja Bogojevic
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-07-04
Emissions Trading Schemes written by Sanja Bogojevic and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-04 with Law categories.
Over the last four decades emissions trading has enjoyed a high profile in environmental law scholarship and in environmental law and policy. Much of the discussion is promotional, preferring emissions trading above other regulatory strategies without, however, engaging with legal complexities embedded in conceptualising, scrutinising and managing emissions trading regimes. The combined effect of these debates is to create a perception that emissions trading is a straightforward regulatory strategy, imposable across various jurisdictions and environmental settings. This book shows that this view is problematic for at least two reasons. First, emissions trading responds to distinct environmental and non-environmental goals, including creating profit-centres, substituting bureaucratic control of resources, and ensuring regulatory compliance. This is important, as the particular purpose entrusted to a given emissions trading regime has, as its corollary, a particular governance structure, according to which the regime may be constructed and managed, and which trusts the emissions market, the state and rights in emissions allowances with distinct roles. Second, the governance structures of emissions trading regimes are culture-specific, which is a significant reminder of the importance of law in understanding not only how emissions trading schemes function but also what meaning is given to them as regulatory strategies. This is shown by deconstructing emissions trading discourses: that is, by inquiring into the assumptions about emissions trading, as featuring in emissions trading scholarship and in debates involving law and policymakers and the judiciary at the EU level. Ultimately, this book makes a strong argument for reconfiguring the common understanding of emissions trading schemes as regulatory strategies, and sets out a framework for analysis to sustain that reconfiguration.
Alienation And Nature In Environmental Philosophy
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Author : Simon Hailwood
language : en
Publisher: Cambridge University Press
Release Date : 2015-08-21
Alienation And Nature In Environmental Philosophy written by Simon Hailwood and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-21 with Business & Economics categories.
This book explores interpretations of alienation from nature in relation to a broad range of environmental issues.
Future Generations And International Law
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Author : Emmanuel Agius
language : en
Publisher: Routledge
Release Date : 2013-12-19
Future Generations And International Law written by Emmanuel Agius and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-19 with Political Science categories.
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
The Turning Point In Private Law
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Author : Ugo Mattei
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-10-26
The Turning Point In Private Law written by Ugo Mattei and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-26 with LAW categories.
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.