Property rights and the environment: social and ecological issues

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  1. E.3 Can private property rights protect the environment?
  2. E.3 Can private property rights protect the environment? | Anarchist Writers
  3. 1. Introduction
  4. Environmental Markets: A Property Rights Approach

E.3 Can private property rights protect the environment?

The time limitation was a great disappointment for the conservation community in Chile. A new kind of affirmative and reflexive property right was proposed at the Senate. This theoretical approach was well-received because under this new framework the Conservation Right would be defined as an affirmative right to conserve the environmental heritage and corresponding attributes or functions of a certain land or real estate asset.

This new right would essentially be a right to conserve new intangible aspects of land - new intangible assets.

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  • The conservation right: a new property right for sustainability.

Consequently, this new legal design and definition allowed for the elimination of the 20 year limitation. The economic approach, however, was only one of the rationales presented to support and justify the creation of this new legal framework. Other rationales, such as the legal-theoretical, the socio-legal and the political arguments had significant influence in the legislative process. The legal-theoretical argument is related to the normative justification of the conservation right on the basis of the freedom to pursue the conservation of nature.

The socio-legal argument is related to the need to promote the reflexive interaction of different social spheres and the proper inclusion of diverse social interests into the property rights system, because only if all spheres of society can cooperatively interact, will there be a chance for new social practices to unfold - and new ecological knowledge to emerge.

The political argument is related to the need to tackle the challenges of the ecological crisis of biodiversity and climate change.

E.3 Can private property rights protect the environment? | Anarchist Writers

Moreover, in this context, it was also mentioned that the Conservation Right was flexible enough to facilitate the implementation of the different conservation categories proposed by the IUCN. Additionally, the conservation right could also be applied to urban spaces for the conservation and development of green areas, recreational areas, urban crops, urban-architectural values, etc. It is possible to establish different Conservation Rights on the same underlying property in relation to different attributes and eco-system services.

This is not only important in order to provide diversified sources of financing to a given project but also for facilitating the inclusion or involvement of diverse social interests in the development and management of the corresponding project. The United Nations has been at the heart of the struggle over the future of the earth's environment.

1. Introduction

Its global conferences and intergovernmental policy bodies -- especially the Commission on Sustainable Development CSD -- have been major battlegrounds between forces for greater environmental protection and those who oppose rules and regulations in the name of free markets and economic growth.

This page touches on key environmental issues and the role of the UN, governments, businesses and NGOs in shaping environmental policy. General Analysis on the Environment This page provides analyses on environmental challenges and responses in a globalized world, and how they interact with issues of human development. This section posts articles dealing with efforts to implement international and regional taxes on hydrocarbon energy fuels that cause global warming.

Such taxes would correct market failures by internalizing economic externalities, such as pollution, enabling the price of goods and services to reflect full social and environmental costs.


This page displays how the possession and scarcity of natural resources, frequently fueled by corporate interests, often lies at the heart of wars and civil strife. This section posts materials on global public goods. Clean environment, health, knowledge, property rights, peace and security are all examples of public goods that could be made global.

Environmental Markets: A Property Rights Approach

This page provides documents and articles on the Johannesburg World Summit on Sustainable Developments and its follow up. The World Economic Crisis. Poverty and Development. The Millennium Development Goals. This book compares standard approaches to these problems using governmental management, regulation, taxation, and subsidization with a market-based property rights approach. This approach is applied to land, water, wildlife, fisheries, and air and is compared to governmental solutions.

The book concludes by discussing tougher environmental problems such as ocean fisheries and the global atmosphere, emphasizing that neither governmental nor market solutions are a panacea.

  • Israel Yearbook on Human Rights, Volume 36 (2006).
  • PERC: The Property and Environment Research Center;
  • A publication of AAEA;
  • Private Security and the Law.
  • About PERC.

Environmental Markets is the inaugural book in Cambridge Studies in Economics, Choice, and Society, a new interdisciplinary series of theoretical and empirical research focusing on individual choice, institutions, and social outcomes, edited by Peter J. Boettke and Timur Kuran. Buy now at Cambridge University Press.

What are Environmental Ethics and Our Moral Responsibilities