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Author: Murray J. Raff
Publisher: Kluwer Law International B.V.
ISBN: 9041121285
Category : Law
Languages : en
Pages : 341
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Book Description
This remarkable new book is not a radical text, but seeks to find a principle of responsible proprietorship in our existing legal systems. And in fact it presents an excellent case for the international recognition of a principle of responsible proprietorship in the title registration systems derived from the German model, rooted in the historical Hanseatic model; primarily the Australian Torrens system that spread throughout the British Empire from the mid-nineteenth century on. In great detail, the author demonstrates that this system offers a firm foundation on which a truly responsible environmental law of property can be established.
Author: Murray J. Raff
Publisher: Kluwer Law International B.V.
ISBN: 9041121285
Category : Law
Languages : en
Pages : 341
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Book Description
This remarkable new book is not a radical text, but seeks to find a principle of responsible proprietorship in our existing legal systems. And in fact it presents an excellent case for the international recognition of a principle of responsible proprietorship in the title registration systems derived from the German model, rooted in the historical Hanseatic model; primarily the Australian Torrens system that spread throughout the British Empire from the mid-nineteenth century on. In great detail, the author demonstrates that this system offers a firm foundation on which a truly responsible environmental law of property can be established.
Author: Andrew Christian Isenberg
Publisher: Oxford University Press, USA
ISBN: 0195324900
Category : History
Languages : en
Pages : 801
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Book Description
The Oxford Handbook of Environmental History draws on a wealth of new scholarship to offer diverse perspectives on the state of the field.
Author: David Grinlinton
Publisher: BRILL
ISBN: 900420105X
Category : Law
Languages : en
Pages : 448
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Book Description
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.
Author: Ole Kristian Fauchald
Publisher: Yearbook International Environ
ISBN: 0199539642
Category : Language Arts & Disciplines
Languages : en
Pages : 904
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Book Description
This yearbook contains articles from an international team of contributors. Each section of essays covers a topical subject, focusing mainly on environmental law, and the year-in-review section offers a round-up of world-wide legal developments.
Author: Alison Clarke
Publisher: Cambridge University Press
ISBN: 1107090539
Category : Law
Languages : en
Pages : 751
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Book Description
Principles of Property Law offers a critical and contextual analysis of fundamental property law, providing students with the tools to enable them to make sense of English land law rules in the context of real world applications. This new book adopts a contextual approach, placing the core elements of a qualifying law degree property and land law course in the context of general principles and practices as they have developed in the UK and other jurisdictions in response to a changing societal relationship with a variety of factors. Also drawing on concepts of property developed by political theorists, economists and environmentalists, Principles of Property Law gives students a clear understanding of how property law works, why it matters and how the theory connects with the real world. Suitable for undergraduates studying property and land law in England, Wales and Northern Ireland, as well as postgraduate students seeking an accessible analysis.
Author: Tsuyoshi Kotaka
Publisher: University of Hawaii Press
ISBN: 0824846362
Category : Law
Languages : en
Pages : 392
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Book Description
The Asia-Pacific region with its rapid urbanization has generated an immediate need for both land use control and compulsory purchase by national and local governments. This book takes a comparative look at land use laws in ten Asia-Pacific countries (Australia, China, Hong Kong, Japan, Korea, Malaysia, New Zealand, Singapore, Taiwan, Thailand) as well as in the United States. A land use scholar from each country describes and analyzes compulsory land acquisition and the means through which property owners can seek compensation when government regulations or policies become so burdensome that they approach the effect of compulsory purchase. The book's major themes are land use control and eminent domain (compulsory purchase). Contributors examine land use control by focusing on land ownership, statutory framework, land use plans and planning, zoning, building regulations, courts and common law, and regulatory taking among the eleven countries. Sections on eminent domain cover the right of government to take or reclaim private property. General topics discussed include the source of authority (often a country's constitution), the public purpose and the extent of power, compensation, due process, the importance of plans, the effect of a "colonial" legal system, and the accommodation of indigenous peoples' land rights. With the publication of this volume, legal scholars and practicing land use lawyers will be able to analyze and compare for the first time the individual legal approaches of developed and developing countries in the Asia-Pacific region. Contributors: David L. Callies, Li-Fu Chen, Anton Cooray, Glenys Godlovitch, Tsuyoshi Kotaka, Murray J. Raff, William J. M. Ricquier, Eathipol Srisawaluck, Won Woo Suh, Grace Xavier, Zhen Xian Bin.
Author: Paul Babie
Publisher: Springer Nature
ISBN: 981137189X
Category : Law
Languages : en
Pages : 423
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Book Description
This book demonstrates the importance of Léon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit’s seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally. The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide – if un-attributed and seldom regarded – influence in the common law tradition and theory of property.
Author: David Grinlinton
Publisher: Martinus Nijhoff Publishers
ISBN: 9004182640
Category : Law
Languages : en
Pages : 449
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Book Description
This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.
Author: Martin Reynolds
Publisher: Zed Books Ltd.
ISBN: 1848134010
Category : Social Science
Languages : en
Pages : 369
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Book Description
The Environmental Responsibility Reader is a definitive collection of classic and contemporary environmental works that offers a comprehensive overview of the issues involved in environmental responsibility, steering the reader through each development in thought with a unifying and expert editorial voice. This essential text expertly explores seemingly intractable modern-day environmental dilemmas - including climate change, fossil fuel consumption, fresh water quality, industrial pollution, habitat destruction, and biodiversity loss. Starting with 'Silent Spring' and moving through to more recent works the book draws on contemporary ideas of environmental ethics, corporate social responsibility, ecological justice, fair trade, global citizenship, and the connections between environmental and social justice; configuring these ideas into practical notions for responsible action with a unique global and integral focus on responsibility.
Author: Bruce Ackerman
Publisher: Yale University Press
ISBN: 0300022379
Category : Law
Languages : en
Pages : 315
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Book Description
The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types---Scientific Policymaking and Ordinary Observing---and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis.He concludes by exploring the large implications of such a choice---relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.
