scholarly journals The role of property rights in bycatch reduction: Evidence from the British Columbia Groundfish fishery

2015 ◽  
Vol 168 ◽  
pp. 100-104
Author(s):  
Tonya Edinger ◽  
Jungho Baek
2021 ◽  
Vol 8 ◽  
Author(s):  
Dale Squires ◽  
Rebecca Lent ◽  
Peter H. Dutton ◽  
Laurent Dagorn ◽  
Lisa T. Ballance

Credit systems for mitigation of bycatch and habitat impact, incentive-based approaches, incentivize changes in fishery operator behavior and decision-making and allow flexibility in a least-cost method. Three types of credit systems, originally developed to address environmental pollution, are presented and evaluated as currently underutilized incentive-based approaches. The first, a cap-and-trade approach, evolved out of direct regulation through restricted limits with flexibility through the creation of tradeable unused portion of the limit, called credits. The second, a penalty-reward system, incentivizes bycatch- and habit-impact- reducing vessel behavior through rewards for positive behavior, and penalties for negative behavior. The third is a hybrid of the first two. All three systems can be used in the context of both absolute (fixed) and relative (rate-based or proportional) credits. Transferable habitat impact credit systems are developed for area management. The cap-and-trade credit system is directly compared to a comparable property rights system in terms of characteristics, strengths, weakness, and applicability. The Scottish Conservation Scheme and halibut bycatch reduction in the Alaskan multispecies groundfish fishery provide real-world examples of success with credit systems. The strengths, weaknesses, and applicability of credit systems are summarized, along with a set of recommendations. Cap-and-trade credit systems provide an important alternative to property rights, such as when rights are not feasible, and for this reason should prove useful for international fisheries. Penalty-reward and hybrid credit systems can substitute for cap-and-trade credit systems or property rights or complement them by addressing a related but otherwise unaddressed issue.


Author(s):  
Hazel Gray

This chapter explores the role of the political settlement in shaping outcomes of land investments by analysing struggles in key sectors of the economy. Land reform during the socialist period had far-reaching implications for the political settlement. Reforms to land rights under liberalization involved strengthening land markets; however, the state continued to play a significant role. Corruption within formal land management systems became prevalent during the period of high growth. Vietnam experienced a rapid growth in export agriculture but, in contrast with stable property rights for smallholders, Tanzania’s efforts to encourage large land investments were less successful. Industrialization in both countries generated new forms of land struggles that were influenced by the different distributions of power between the state, existing landowners, and investors.


Author(s):  
Professor Adebambo Adewopo ◽  
Dr Tobias Schonwetter ◽  
Helen Chuma-Okoro

This chapter examines the proper role of intellectual property rights (IPRs) in achieving access to modern energy services in Africa as part of a broader objective of a pro-development intellectual property agenda for African countries. It discusses the role of intellectual property rights, particularly patents, in consonance with pertinent development questions in Africa connected with the implementation of intellectual property standards, which do not wholly assume that innovation in Africa is dependent on strong intellectual property systems. The chapter examines how existing intellectual property legal landscapes in Africa enhance or impede access to modern energy, and how the law can be directed towards improved energy access in African countries. While suggesting that IPRs could serve an important role in achieving modern energy access, the chapter calls for circumspection in applying IP laws in order not to inhibit access to useful technologies for achieving access to modern energy services.


Human Ecology ◽  
2021 ◽  
Author(s):  
Liz Alden Wily

AbstractI address a contentious element in forest property relations to illustrate the role of ownership in protecting and expanding of forest cover by examining the extent to which rural communities may legally own forests. The premise is that whilst state-owned protected areas have contributed enormously to forest survival, this has been insufficiently successful to justify the mass dispossession of customary land-owning communities this has entailed. Further, I argue that state co-option of community lands is unwarranted. Rural communities on all continents ably demonstrate the will and capacity to conserve forests – provided their customary ownership is legally recognized. I explore the property rights reforms now enabling this. The replication potential of community protected forestlands is great enough to deserve flagship status in global commitments to expand forest including in the upcoming new Convention on Biological Diversity (CBD).


Author(s):  
Danai Christopoulou ◽  
Nikolaos Papageorgiadis ◽  
Chengang Wang ◽  
Georgios Magkonis

AbstractWe study the role of the strength of Intellectual Property Rights (IPR) law protection and enforcement in influencing horizontal productivity spillovers from inward FDI to domestic firms in host countries. While most WTO countries adopted strong IPR legislation due to exogenous pressure resulting from the signing of the Trade-Related Aspects of IPR (TRIPS) agreement, public IPR enforcement strength continues to vary significantly between countries. We meta-analyse 49 studies and find that public IPR enforcement strength has a direct positive effect on horizontal productivity spillovers from inward FDI to domestic firms and a negative moderating effect on the relationship between IPR law protection strength and horizontal productivity spillovers from inward FDI to domestic firms.


1993 ◽  
Vol 37 (2) ◽  
pp. 109-143 ◽  
Author(s):  
Benjamin J. Richardson

The development of strategies for the conservation and wise use of wetlands in Uganda is significant for what it reveals about how law contributes to the sustainable management of natural resources in poor countries in general. The highly inter-disciplinary and cross-sectoral management requirements of wetlands make this issue one of the most challenging, and wetlands constitute today the single most important environmental issue being addressed by the Ugandan government. As part of this effort, the legal frameworks for property rights and local government are being overhauled so as to provide a sounder basis for environmental management in this field. This article analyses the Ugandan approach to wetlands management and the role of property rights and local government in the environmental policy-making process.


2004 ◽  
Vol 17 (1) ◽  
pp. 61-81 ◽  
Author(s):  
Oliver Gerstenberg

In this paper I want to address, against the background of the ECtHR’s recent attempt to resolve the clash between property rights and the right to freedom of expression in its decision in Appleby v. UK, two questions, both of which I take to be related to the overarching theme of “social democracy”. First, there is the problem of the influence of “higher law”-of human rights norms and constitutional norms-on private law norms; second, the question of the role of adjudication in “constitutionalizing” private law, in other words, the question of the “judicial cognizability” of constitutional norms within private law.


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