Environmental / Energy Law

Private Property Rights and the Environment: Our Responsibilities to Global Natural Resources

By Shelly Hiller Marguerat
Springer-Verlag November 2018

Specifications

ISBN-13
9783319978994
Publisher
Springer-Verlag
Publication
November 2018
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

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.

Table of Contents

Chapter 1. Introduction
Chapter 2.Private Property Right as essential for human Liberty and safe Society
Chapter 3.Private Property balanced with the General Interest on International Ground
Chapter 4. Property as a Common Use
Chapter 5.The international human right to a healthy environment, human right obligations for nature and possible difficulties of implementations
Chapter 6.A possible answer from the ‘source’ of the environmental problem
Chapter 7.The basic understanding of the theory of Property and its foundation
Chapter 8.The basis for the clear and affordable Responsibilities to property rights
Chapter 9.Locke’s correlative property limits / Responsibilities to his property rights
Chapter 10.Locke's Relevance to all scholars in all times
Chapter 11.Final Conclusions.
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