Private Property Rights and the Environment

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.

Auteur
Shelly Hiller Marguerat is an author and independent consultant for property rights and sustainability. An active researcher, she obtained a doctorate of Law and a MA degree of Business management from the University of Geneva, Switzerland, and a LLB degree in Law with honours from the University of Sussex, UK.

Contenu
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.