Property Rights and Sustainability: The Evolution of Property Rights to Meet Ecological Challenges

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David Grinlinton, Prue Taylor
Martinus Nijhoff Publishers, Apr 11, 2011 - Law - 414 pages
Published with the support of The New Zealand Law Foundation. As collapses and crises involving ecological systems, economic and financial management and international governance increase, the need for bold alternatives to traditional economic and legal responses has never been more urgent. Property concepts are an important element in the interaction between humans and the natural environment. An important driver of ecological harm, property concepts can also become a powerful tool for responding to ecological problems in ways that have so far eluded both government regulators and markets. Going beyond the traditional critiques of liberal property theories, "Property Rights and Sustainability" takes on the challenge of fundamentally reconceptualising property rights and systems. It makes a significant contribution to rebalancing the legal framework in a way that recognises humanity as a member of a larger ecological order, the health and integrity of which is of primary importance to the long-term viability of our planet. "Property Rights and Sustainability" will be an indispensable resource for those interested in the relationship between property law and the environment, and the ways in which property law can be reshaped to respond to the ecological challenges of our time.
 

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Contents

Toward a New Vision of Property
1
Part One Theoretical Perspectives on Property Rights and Sustainability
21
Can They be Reconciled?
23
Chapter 3 Taking Property Seriously
43
Faustian Pact or New Covenant with Earth?
63
Chapter 5 Property Rights Viewed from Emerging Relational Perspectives
87
Toward a Politics of Voluntary Simplicity
117
Chapter 7 The Mythology of Environmental Markets
149
Chapter 10 Maori Concepts of Rangatiratanga Kaitiakitanga the Environment and Property Rights
219
Chapter 11 Communal Governance of Land and Resources as a Sustainable Property Institution
249
Part Three Changing Conceptions of Property and the Challenge of Accommodating Principles of Sustainability in the Ownership and Use of Natural...
273
Property Rights in Natural Resources in a Changing World
275
Competing Claims Collapsing Dichotomies and the Future of Property
305
Chapter 14 South African Natural Resources Property Rights and Public Trusteeship Transformation in Progress
323
Preserving Host State Regulatory Freedom
341
Bibliography
365

Property in an Interconnected Environment
167
Part Two Differing Cultural Approaches to Property Rights in Natural Resources
195
Materiality and Cultural Diversity in the Ownership of Water
197

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About the author (2011)

David Grinlinton is an Associate Professor of Law at the University of Auckland, New Zealand. He has published extensively on property rights and environmental law. Prue Taylor is a senior lecturer at the University of Auckland, New Zealand. She has published extensively on environmental law, international environmental law and ethics.

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