The use of private property rights to regulate common pool natural resources is a controversial topic which must address two critical issues: the allocation of wealth in society and proper conservation and management of limited resources. Given the privatization of many natural resources within the confines of States, the most significant common pool natural resources are those located in international areas, such as the high seas and the atmosphere. This book explores the extension of private property rights and market mechanisms to the regulation of resources in these areas. Looking at developments in off-shore fisheries and mineral exploitation (with references to other areas, such as forestry and pollution quotas, where appropriate), the book considers the legal ramifications of current moves towards the privatization of common pool natural resources. It is skeptical about this process and, in particular, questions whether private property is the most effective and socially responsive arrangement for the regulation of certain natural resources. It then suggests that other property regimes, such as stewardship (which is strongly advocated), provide alternative and workable templates for resource regulation, precisely because they are more responsive to the broader needs of the society whose interest the property system is designed to fulfill. Taking account of legal and philosophical developments in property theory, as well as the impact that property justifications have on the regulation of natural resources, the author is able to show that the economics literature is flawed. The author also assesses the impact of international law on the use of property rights - a much neglected topic - showing how, because many natural resources straddle international boundaries, jurisdictional and international law issues must be taken into account if they are to be regulated. The book will be of interest to international lawyers who are interested in the law of the sea and international environmental law, as well as property lawyers, economists, and political scientists.
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Richard Barnes is Senior Lecturer in Law at the University of Hull.Review:
... a stimulating, rewarding read. Ludwig Gramlich Zeitschrift fur Auslandisches Offentliches Recht und Volkerrecht Volume 71, 2011 ...Richard Barnes has written the most extensive and detailed book to date on sovereignty and property rights in marine resources under international law.Barnes has done a masterful job of combining theory and history to explain how international law has gradually expanded sovereignty and property rights to one of the two great global commonses: the oceans (the other is the global climate). As such, it makes a great contribution to the larger cross-disciplinary literature on the emergence of property rights in natural resources. It should be read by every legal scholar, economist, and political scientist interested in common pool resource problems. Daniel H. Cole Law and Politics Book Review Vol.19, No.11, November 9, 2009 This is a very worthwhile work - it is authoritative, comprehensive, well-structured and eminently readable...an excellent work of study and reference for both law students and legal practitioners. It is enlightening and enjoyable to read. Robert Pritchard ResourcesLaw International July 2009 This is an impressive piece of scholarship. It should be read by academics and students interested in property law and by those interested in fisheries law. This is an important book which deserves to be widely read ... a significant contribution to the available literature. Nigel Bankes Journal of Energy and Natural Resources Law Volume 27, No 4, 2009 This is a fascinating and engaging book that takes the reader on a journey into the intricate workings of property rights - the journey is never dull... it is a valuable addition to the available literature in the area of natural resource management. Jona Razzaque Journal of Environmental Law May 2010 In this fascinating book, Richard Barnes constructs a version of property rights which articulates both the public and private functions of property in the context of the international legal system. This is a skilfully crafted foray into a under-researched area. Using fisheries as a motif, Barnes has provided a tremendously valuable roadmap through public, private, domestic and international law. Would that the expertise, insight and creativity demonstrated by Barnes in this book be applied to the protection of other endangered species. Catherine MacKenzie The Cambridge Law Journal Volume 70, Part 1
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Book Description Hart Publishing, 2009. Hardcover. Book Condition: New. Bookseller Inventory # DADAX1841135895
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Book Description Bloomsbury Publishing PLC, United Kingdom, 2009. Hardback. Book Condition: New. New.. Language: English . Brand New Book. Winner of the SLS Peter Birks Prize for Outstanding Legal Scholarship 2009. The use of private property rights to regulate natural resources is a controversial topic because it touches upon two critical issues: the allocation of wealth in society and the conservation and management of limited resources. This book explores the extension of private property rights and market mechanisms to natural resources in international areas from a legal perspective. It uses marine fisheries to illustrate the issues that can arise in the design of regulatory regimes for natural resources. If property rights are used to regulate natural resources then it is essential that we understand how the law and values embedded within legal systems shape the development and operation of property rights in practice. The author constructs a version of property that articulates both the private and public function of property. This restores some much needed balance to property discourse. He also assesses the impact of international law on the use of property rights-a much neglected topic-and shows how different legal and socio-political values that inhere in different legal regimes fundamentally shape the construction of property rights. Despite the many claimed benefits to be had from the use of private property rights-based management systems, the author warns against an uncritical acceptance of this approach and, in particular, questions whether private property rights are the most suitable and effective arrangement of regulating of natural resources. He suggests that much more complex forms of holding, such as stewardship, may be required to meet physical, legal and moral imperatives associated with natural resources. Bookseller Inventory # AA79781841135892
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