WHO IS THE INVADER? ALIEN SPECIES, PROPERTY RIGHTS, AND THE POLICE POWER

2009 ◽  
Vol 26 (2) ◽  
pp. 26-52 ◽  
Author(s):  
Mark Sagoff
Keyword(s):  
Public Interest ◽  
Native Species ◽  
Private Property ◽  
Environmental Law ◽  
Public Authority ◽  
Purple Loosestrife ◽  
Citrus Industry ◽  
State Laws ◽  
Apple Industry ◽  
History Of

This paper argues that the occurrence of a non-native species, such as purple loosestrife, on one's property does not constitute a nuisance in the context of background principles of common law. No one is injured by it. The control of non-native species, such as purple loosestrife, does not constitute a compelling public interest, moreover, but represents primarily the concern of an epistemic community of conservation biologists and ecologists. This paper describes a history of cases in agricultural law that establish that a public authority may enter private property to destroy a tree or other species but only to protect a compelling public interest, such as the apple industry in Virginia or the citrus industry in Florida, and only if it pays all the costs including just compensation. The paper argues a fortiori that if a public authority enters private property to control non-native or “invasive” species it must pay all the costs and indemnify the owner—contrary to what many state laws contemplate and the Environmental Law Institute recommends.

The New Paragraph 16 of Article 148 of the Spatial Development Act

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Ivelina Velcheva ◽  
◽  
◽  
Keyword(s):  
Urban Planning ◽  
Public Interest ◽  
Private Property ◽  
Spatial Development ◽  
Legal Order ◽  
Development Plan ◽  
History Of Development ◽  
History Of ◽  
Principle Of Proportionality

This paper focuses on paragraph 16 of Article 148 of the Bulgarian Spatial Development Act, as well as on the need of establishing this new regulation, the means for applying the street regulation provided in the detailed development plan, and the history of development laws in Bulgaria. It considers the new provision in terms of its meaning for better urban planning of settlements and construction of infrastructure necessary for the development of property, such as pavements, streetlights, landscaping, etc. The legal order established by the Bulgarian Constitution is guaranteed through meeting the requirement for public interest and the principle of proportionality under alienation of private property for the purpose of applying street regulation.

Antitrust as Public Interest Law: Redistribution, Equity, and Social Justice

2020 ◽  
Vol 65 (1) ◽  
pp. 87-101
Author(s):  
Dina I. Waked
Keyword(s):  
Public Interest ◽  
Competition Policy ◽  
Private Property ◽  
Allocative Efficiency ◽  
Consumer Welfare ◽  
The Public ◽  
Public Interest Law ◽  
Antitrust Laws ◽  
History Of ◽  
Do So

This article proposes the use of antitrust law to reduce poverty and address inequality. It argues that the antitrust laws are sufficiently malleable to achieve such goals. The current focus of antitrust on the efficiency-only goals does not only lead to increasing inequality further but is also inconsistent with the history of antitrust. This history is presented through the lens of the public interest that emerges into the balance between private property and competition policy. Tracing the public interest at different historical moments, we get to see how it has been broad enough to encompass social welfare concerns. Over time, the public interest concern of antitrust was narrowed to exclusively cover consumer welfare and its allocative efficiency. Once we frame antitrust as public interest law, in its broadest sense, we are empowered to use it to address inequality. A proposal to do so is exposed in this article.

Property Systems and Environmental Regulation

2019 ◽  
pp. 702-718
Author(s):  
Christopher P. Rodgers
Keyword(s):  
Property Rights ◽  
Environmental Regulation ◽  
Public Interest ◽  
Private Property ◽  
Environmental Law ◽  
Customary Law ◽  
Public And Private ◽  
Private Property Rights ◽  
Property Holding ◽  
The Impact

This chapter examines the impact of property rights on environmental regulation. It first considers a range of property paradigms and how they relate to environmental law, including entitlements-based models of property and resource allocation models of property, before turning to ‘public’ and ‘private’ conceptions of property. It takes note of the fact that environmental protection is a ‘public’ or communal interest, but assimilating public interest objectives into systems of property law based on notions of private right has been problematic, especially for Western systems. The chapter also analyses the interactions between ‘public’ interest and ‘private’ property rights; the role of customary law and cultural norms in the organization of property holding and resource use, using the Maori case as example; and how property structures foster environmental stewardship.

19. The conservation of nature

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
Economic Development ◽  
Nature Conservation ◽  
Public Interest ◽  
Private Property ◽  
Environmental Law ◽  
Central Theme ◽  
Natural Habitats ◽  
Policy Issues ◽  
Social Interests ◽  
Rate Of Decline

This chapter looks at the laws that aim specifically to protect plants, animals, the natural habitats—and, increasingly, the ecosystems—of which they are a part. This is an important part of environmental law, not least because of the appalling rate of decline in, and loss of, the natural environment, but also due to the obvious public interest in conserving biodiversity. Using the law to conserve nature, however, involves finding solutions to some complex policy issues. Finding space for species and habitats to be conserved often clashes with other legitimate social interests, such as economic development and respect for private property. These tensions—which mean that nature conservation law can be a controversial policy area—are a central theme of the chapter.

On the history of local history of Smolensk region

2020 ◽  
pp. 34-41
Author(s):  
S.V. Zakharov
Keyword(s):  
Public Interest ◽  
Local History ◽  
Historical Science ◽  
Educational Activities ◽  
History Of ◽  
Goals And Objectives

The main goals and objectives of those who are engaged in the study of local history, is not only educational activities, but also historical, cultural and environmental. For several decades in the study of such science as local history, researchers have made great strides, significantly increasing public interest. The concept of local lore as it developed was divided into several branches of knowledge, such as literary local lore, historical, geographical, and the like. In this paper, we will focus on the results that have been achieved by historical science to date and consider the development of local history on the example of Smolensk region.

Natural Law Republicanism

2021 ◽  
Author(s):  
Michael C. Hawley
Keyword(s):  
Natural Law ◽  
John Locke ◽  
Private Property ◽  
Political Legitimacy ◽  
John Adams ◽  
Political Ideas ◽  
The People ◽  
Hugo Grotius ◽  
History Of ◽  
The Individual

By any metric, Cicero’s works are some of the most widely read in the history of Western thought. This book suggests that perhaps Cicero’s most lasting and significant contribution to philosophy lies in helping to inspire the development of liberalism. Individual rights, the protection of private property, and political legitimacy based on the consent of the governed are often taken to be among early modern liberalism’s unique innovations and part of its rebellion against classical thought. However, this book demonstrates that Cicero’s thought played a central role in shaping and inspiring the liberal republican project. Cicero argued that liberty for individuals could arise only in a res publica in which the claims of the people to be sovereign were somehow united with a commitment to universal moral law, which limits what the people can rightfully do. Figures such as Hugo Grotius, John Locke, and John Adams sought to work through the tensions in Cicero’s vision, laying the groundwork for a theory of politics in which the freedom of the individual and the people’s collective right to rule were mediated by natural law. This book traces the development of this intellectual tradition from Cicero’s original articulation through the American founding. It concludes by exploring how modern political ideas remain dependent on the conception of just politics first elaborated by Rome’s great philosopher-statesman.

The rights of the defendant and public interest in proving insanity under the law of New York

2021 ◽  
Vol 30 (3) ◽  
pp. 108-124
Author(s):  
Aleksey Grin'ko
Keyword(s):  
New York ◽  
Law Enforcement ◽  
Public Interest ◽  
Due Process ◽  
Burden Of Proof ◽  
Public And Private ◽  
Whole Process ◽  
History Of ◽  
The Law ◽  
Legislative Changes

Allocation of the burden of proof is a key issue of criminal procedure that is affected by multiple legal and social factors. Under due process principles, the defendant’s right to a fair and impartial trial is deemed to be the epicenter of the whole structure. However, efficient law enforcement is a prominent public interest that must be considered. This article explores the correlation between public and private interest in proving insanity under the law of New York, which provides great empirical background due to its long history of legal disputes and legislative changes. Considering the nature and structure of the burden of proof, the author concludes that there are several principles for its fair allocation: the due party that bears both the burden and the risk of its nonperformance; the feasibility of the burden; the adequate opportunity for the other party to rebut; the concentration of resources upon needs that are not presumed but in fact exist. All the mentioned principles lay the ground for the harmonization of constitutional guaranties for the defendant as well as the successful enforcement of criminal law. The current New York approach to insanity defense as an affirmative one along with the history of its implementation tends to prove its compliance with such requirements. This finding suggests that bearing the burden shall not be treated as impairment by default, but can protect both the interest of this party and the integrity of the whole process.

International Law

2021 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Law ◽  
International Criminal Law ◽  
Legal Personality ◽  
State Immunity ◽  
Peaceful Settlement ◽  
International Economic Law ◽  
History Of ◽  
History Of International Law ◽  
Settlement Of Disputes

International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading and discussion questions, highlight the essential points. Topics covered include the history of international law, legal sources, the law of treaties, legal personality, jurisdiction and state immunity. The text also looks at the international law of the sea, human rights law, international environmental law, international economic law, the peaceful settlement of disputes, the use of force, the laws of armed conflict and international criminal law.

HISTORICAL STAGES OF FORMATION AND DEVELOPMENT OF INTERNAL CONTROL

2021 ◽  
Vol 296 (4) ◽  
pp. 14-20
Author(s):  
AnnА KOZACHENKO ◽  
Keyword(s):  
Internal Control ◽  
Private Property ◽  
Internal Audit ◽  
Economic Life ◽  
Capitalist System ◽  
Historical Aspect ◽  
Economic Relations ◽  
History Of ◽  
Economic Formation ◽  
Means Of Production

The article highlights the views of scientists on the allocation of periods (stages) in the history of internal control, which differ in the following features: the emergence and development of socio – economic relations that existed at different times; diversification of objects and subjects of control; complicating the tasks of control over the different levels of development of productive forces and equipment of each society; specific methodological techniques. Thus, the first manifestations of control are observed during the period of primitive communal system. The period of slavery is considered the stage of the emergence of internal control. Characteristic of this period was physical coercion to work. In the period of the feudal system, the peculiarities of the development of socio-economic formation of European states are the distinction between external and internal audit, and accounting registers to reflect the facts of economic life, which served for entries in the accounts of the General Ledger. In addition, control activities were manifested in the movement of credit and settlement transactions between buyers, in settlements between buyers and banks, in production processes and private ownership of the means of production. The capitalist system of production did not require many special control bodies, and its functions were carried out directly by the owners of the means of production. The basis of capitalism was the private property of the bourgeoisie on the means of production, but not on the worker, who at that time received more freedom. It was during the communist formation that thorough work was carried out on the methodological support of internal economic control, but its active development began after the declaration of independence of Ukraine, by borrowing the foundations in foreign countries. Thus, the periodization presented in the article helps to trace the historical aspect of the development and formation of internal control as a control system as a whole, in a certain period of time in which.

scholarly journals Constitutional and post-constitutional problems: Reconsidering the issues of public interest, agonistic pluralism and private property in planning

2018 ◽  
Vol 18 (1) ◽  
pp. 5-23 ◽  
Author(s):  
Stefano Moroni
Keyword(s):  
Public Interest ◽  
Private Property ◽  
Theory And Practice ◽  
Planning Theory ◽  
Private Ownership ◽  
Research Perspective ◽  
Multi Level ◽  
Ownership Of Land ◽  
Planning Problems ◽  
Agonistic Pluralism

In the field of planning theory the discussion often seems to assume that all problems – for example, ethical or political ones – pertain to a single level or dimension. In fact, different and clearly separate “levels”, which raise problems of different kinds, can be distinguished. A “multi-level” approach therefore seems necessary. The underlying idea is that it is essential to distinguish more sharply between two analytical levels: the constitutional and post-constitutional levels. These levels are here understood mainly as analytical levels; that is, as standpoints that anyone can – at any time and even only hypothetically – assume to posit certain problems at the appropriate level and treat them by acknowledging the argumentative requirements suited to that level. This article uses such a multi-level approach to address three fundamental and currently much debated problems of planning theory and practice: the issue of “agonistic pluralism”; the issue of “public interest”; the question of “private ownership (of land)”. The contribution of this article falls within the neoinstitutionalist approaches to planning. The belief is that these approaches are shedding new light on planning problems and that research in this direction should be expanded. In this regard, this article attempts to make a contribution to this research perspective especially in analytical and methodological terms.

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