Property Rights and Sustainability: The Evolution of Property Rights to Meet Ecological Challenges
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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Toward a New Vision of Property
Part One Theoretical Perspectives on Property Rights and Sustainability
Can They be Reconciled?
Chapter 3 Taking Property Seriously
Faustian Pact or New Covenant with Earth?
Chapter 5 Property Rights Viewed from Emerging Relational Perspectives
Toward a Politics of Voluntary Simplicity
Chapter 7 The Mythology of Environmental Markets
Chapter 10 Maori Concepts of Rangatiratanga Kaitiakitanga the Environment and Property Rights
Chapter 11 Communal Governance of Land and Resources as a Sustainable Property Institution
Part Three Changing Conceptions of Property and the Challenge of Accommodating Principles of Sustainability in the Ownership and Use of Natural...
Property Rights in Natural Resources in a Changing World
Competing Claims Collapsing Dichotomies and the Future of Property
Chapter 14 South African Natural Resources Property Rights and Public Trusteeship Transformation in Progress
Preserving Host State Regulatory Freedom
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accessed August 19 Aldo Leopold approach argued claims Climate Change coastal common law conservation constitutional context Court covenant covenantal critique cultural customary David Grinlinton Earth Earth Charter Earth jurisprudence ecological economic growth ecosystem environment Environmental Law environmental markets ethical expropriation forms Freyfogle global governance groups harm Ibid indigenous individual institutions interests international law investment treaties investor issues Journal kaitiakitanga land and resources landowners landscape Law Review limits Maori ment moral natural resources owners ownership Oxford paradigm perspectives political principles private property rights private rights property law property rights property system protection Prue Taylor public trust doctrine public trusteeship regime regulation regulatory relation relationships resource consents Resource Management Act responsibilities Rights and Sustainability River social society South African state’s supra note sustainable development theory tion traditional tribunal University of Auckland University Press unsustainable Voluntary Simplicity Waikato River Western Zealand