Creating Property Rights: Law and Regulation of Secondary Trading in the European Union

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Martinus Nijhoff Publishers, Apr 19, 2012 - Law - 206 pages
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The creation by government regulation of entitlements akin to property rights is a widespread phenomenon imposing a reconsideration of the traditional categories of public and private property. The allocation of such rights that lack an explicit legislative definition but are object of relevant social and legal interests is a very complex topic, which has become very acute in cases where markets have been established for them. The analysis of the systems created for the allocation and management of these rights is the core of this book, which examines four emblematic examples: airport slots, spectrum rights, milk quotas and emission allowances. The book focuses on the European level, including legislation and the most relevant policy issues, by means of a comparative method involving private law, public law and law and economics approaches.
 

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Contents

I The Regulatory Creation of Rights
1
II Airport Slots
33
III Spectrum Rights
67
IV Milk Quotas
105
V Emission Allowances
125
The Evolution of de Facto Property Rights and the Secondary Trading Issue
177
Bibliography
191
Index
203
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About the author (2012)

Margherita Colangelo; Ph.D. (2007), University of Macerata; LL.M. (2006), European University Institute (EUI), Florence; is Assistant Professor of Comparative Law at the University of Roma Tre, Faculty of Law. Her main fields of research and topics of publications are in Comparative Law, European Union Law, European Company Law, Competition Law and Regulation.

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