Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-94fs2 Total loading time: 0 Render date: 2024-11-19T16:45:44.623Z Has data issue: false hasContentIssue false

3 - Property Rights Approach to Environmental Law

Published online by Cambridge University Press:  13 September 2019

Michael G. Faure
Affiliation:
Erasmus Universiteit Rotterdam
Roy A. Partain
Affiliation:
University of Aberdeen
Get access

Summary

This chapter explored the idea of leveraging property rights to enable either better decision making by stakeholders, usually by changing the ex ante information and incentives, or by re-allocating rights as originally suggested by Coase. We explored Hardin’s (in)famous ‘Tragedy of the Commons,’ from the economic perspectives of rivalry (aka subtractability) and excludability. We explored the impacts of observing the three states of rivalrous, non-rivalrous, and anti-rivalrous against both excludable and non-excludable, yielding six types of goods or services. Traditional property concepts, such as rules of first capture or first mover, could lead to inefficient use of resources. Demsetz's theory is that property rights could emerge, sua sponte, internalising externalities that follow from open access; that property rights enable communities to re-balance the impacts of Pigou’s externalities. Demsetz’s theory does not necessarily imply the establishment of private property rights. Again, the issues of rivalry and excludability came into view. Cooter and Ulen advocated that if property rights could be granted for various natural resources, including wildlife, it would benefit the efforts to protect and conserve those resources.

Type
Chapter
Information
Environmental Law and Economics
Theory and Practice
, pp. 37 - 62
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×