The Economic Case for an International Law of the Atmosphere

1991 ◽  
Vol 9 (4) ◽  
pp. 417-429 ◽  
Author(s):  
B P Herber
Keyword(s):  
Property Rights ◽  
International Law ◽  
Political Institutions ◽  
Common Property ◽  
Global Dimension ◽  
Pareto Efficiency ◽  
Demand And Supply ◽  
Analytical Foundation ◽  
International Body ◽  
The Subject

In this paper economic theory is applied to the global atmospheric problems of greenhouse warming and ozone-layer depletion. Previous work by economists on the subject of environmental pollution has largely ignored the global dimension of the problem such as characterizes the greenhouse and ozone issues, thus resulting in the absence of an appropriate property rights basis for implementing economically efficient atmospheric utilization policies. The present analysis is an attempt to fill this void and, in so doing, to construct an economic basis for global atmospheric policies. Its analytical foundation will utilize such economic concepts as public goods and bads, externalities, common property resources, and Pareto-efficiency. The study will interact with the disciplines of international law and political science because of the relevance of political institutions and property rights to the analysis. The nature of the economic demand and supply for a clean global atmosphere is examined in section 1 and in section 2 the problems inherent in international collective consumption such as occurs in the utilization of the global atmosphere are considered. In section 3 the economist's Pareto-efficiency rule is applied as a basis for international agreements in pursuit of efficient atmospheric use and in section 4 global atmospheric policy options are considered within the parameters of contemporary international social choice institutions. The creation of a sovereign international body to implement an international law of the atmosphere that is founded upon the legal premise of global property rights to the atmosphere is recommended.

scholarly journals Space Law Reform

2021 ◽  
Vol 16 (5) ◽  
pp. 166-182
Author(s):  
V. L. Tolstykh
Keyword(s):  
International Law ◽  
Common Property ◽  
The United States ◽  
Space Technology ◽  
Space Law ◽  
Celestial Bodies ◽  
International Body ◽  
Private Investors

In the past few years, the situation related to the exploration and use of space has changed dramatically. It has been proven that the extraction of space resources can be profitable; there is progress in the development of space technology; space has become an object of interest from private investors; there is a gap between the state of the space industry in the United States and in other countries. These changes resulted in a US-initiated reform aimed at legalizing the appropriation of extracted space resources, as well as, in the long term, at legalizing the appropriation of sites of celestial bodies and resources in situ by both individuals and states. Its instruments are proposals for the reinterpretation of key agreements, new US and Luxembourg law and the Artemis Accords signed on October 13, 2020 by eight states. The first part of the reform is almost complete: even now, we can talk about the emergence of an international custom that legalizes the appropriation of extracted resources. Some states and part of the doctrine, however, advocate the preservation of the regime of the common property and its strengthening through the creation of an international body authorized to issue permits for the extraction of resources and / or the lease of sites of celestial bodies. The reform of space law is important not only in itself, but also as a litmus of the development of general international law: it indicates that international law continues to develop; this process is carried out through the efforts of a narrow alliance of states outside the traditional convention mechanism. The diplomatic potential of Russia is very high: it could not only support a certain option for the development of space law, but also formulate its main parameters.

scholarly journals Ustanawianie ograniczonych praw rzeczowych w prawie prywatnym międzynarodowym — uwagi na tle statutu rzeczowego i jego rozgraniczenia

2019 ◽  
Vol 24 ◽  
pp. 141-168
Author(s):  
Katarzyna Anna Dadańska
Keyword(s):  
International Trade ◽  
Property Rights ◽  
International Law ◽  
Private International Law ◽  
Tangible Object ◽  
The Subject ◽  
The Law ◽  
Historical Methods

In international trade, it is essential to determine the scope of the law applicable to property rights, i.e. the law applicable to the assessment of rights in rem. Article 41 of the Polish Private International Law Act uses the connecting factor of the situs rei. The competence of legis rei sitae regarding rights in rem should not be challenged when the subject of rights in rem is tangible property. If, however, the subject of rights in rem is not a tangible object but in a claim or other type of a right, then there is an urgent need to seek other ways of establishing the law applicable to the formation of such rights. In addition, there is a recurrent problem with the proper delimitation with the laws applicable to other issues, i.e. the determination of the law applicable to the assessment of the effectiveness of the acquisition of a limited right in rem, and the question of the so-called adaptation and qualification. The purpose of the present study is to determine the law applicable to the establishment of limited property rights. Using the dogmatic-legal, comparative and complementary historical methods, the provisions of Article 41 of the Private International Law Act are evaluated, and conclusions are drawn de lege ferenda.

A reply to: Chorzów Factory – intellectual property and the continuity of international law in investor-state dispute settlement

2022 ◽  
Vol 11 (4) ◽  
pp. 505-510
Author(s):  
Alexander Ferguson
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
International Law ◽  
Intellectual Property Rights ◽  
Legal Status ◽  
Dispute Settlement ◽  
International Justice ◽  
Upper Silesia ◽  
The Subject

The case involving the nitrate factory at Chorzów, Upper Silesia has been the subject of much academic commentary. Last year the intellectual property aspects of the case were explored in this journal. In this reply, I express doubts about whether the case involved the expropriation of intellectual property rights (IPRs) for two reasons. First, there are grounds to question the existence of IPRs. Second, even if there were IPRs, the Permanent Court of International Justice does not appear to have found that IPRs were taken. Instead, the case serves as a reminder of the importance of identifying the legal status of an IPR in the relevant territory when seeking to protect it under international law. * My thanks to Martyna Mielniczuk-Skibicka and Kacper Górniak. All errors are my own.

scholarly journals Global institutional consequences of coronavirus

2021 ◽  
Vol 49 (1) ◽  
pp. 204-208
Author(s):  
A.A. Auzan ◽  
Keyword(s):  
Property Rights ◽  
Political Institutions ◽  
Personal Data ◽  
Digital Transformation ◽  
Opportunistic Behavior ◽  
Demand And Supply ◽  
Digital Platforms ◽  
Business Transactions ◽  
The Social ◽  
Governmental Institutions

This article examines the institutional consequences of the COVID-19 pandemics. It is shown that the pandemic-associated changes are related, first to the economy digital transformation, and second to 2 institutional changes schemes acting simultaneously. In the institutional theory the above mentioned schemes are reflected in the works of H. Demsetz and D. North. The author of the article examines factors related to demand and supply of institutions. The article forecasts that in the framework of J.M. Keyens’ «impossible trinity» the priority of freedom is to decrease while the priority of justice and efficiency of a state is to increase. The article distinguishes three models of political institutions supply, depending on their relation to personal data property rights and feedback capabilities: the digital totalitarianism model, the social state of sustainable development model and the model of platform-based social contract with aggregators participating in it. It is shown that the new bifurcation point is related to the personal data property rights problem and that the present institutional change can already be seen in the modification of the approaches to opportunism/opportunistic behavior problem solving as well as in the sphere of business transactions support as governmental institutions are substituted (crowded-out) by digital platforms due to high levels of "allocated" trust.

The Priority of Democracy

2011 ◽  
Author(s):  
Jack Knight ◽  
James Johnson
Keyword(s):  
Decision Making ◽  
Monetary Policy ◽  
Political Institutions ◽  
Federal Reserve ◽  
Democratic Politics ◽  
Institutional Choice ◽  
Democratic Process ◽  
Strong Case ◽  
The Subject ◽  
The Relationship

Pragmatism and its consequences are central issues in American politics today, yet scholars rarely examine in detail the relationship between pragmatism and politics. This book systematically explores the subject and makes a strong case for adopting a pragmatist approach to democratic politics—and for giving priority to democracy in the process of selecting and reforming political institutions. What is the primary value of democracy? When should we make decisions democratically and when should we rely on markets? And when should we accept the decisions of unelected officials, such as judges or bureaucrats? This book explores how a commitment to pragmatism should affect our answers to such important questions. It concludes that democracy is a good way of determining how these kinds of decisions should be made—even if what the democratic process determines is that not all decisions should be made democratically. So, for example, the democratically elected U.S. Congress may legitimately remove monetary policy from democratic decision-making by putting it under the control of the Federal Reserve. This book argues that pragmatism offers an original and compelling justification of democracy in terms of the unique contributions democratic institutions can make to processes of institutional choice. This focus highlights the important role that democracy plays, not in achieving consensus or commonality, but rather in addressing conflicts. Indeed, the book suggest that democratic politics is perhaps best seen less as a way of reaching consensus or agreement than as a way of structuring the terms of persistent disagreement.

The Squire Law Library at Cambridge: the Historical Development and Current Status of the International Law Collections

2017 ◽  
Vol 17 (2) ◽  
pp. 78-91 ◽  
Author(s):  
Lesley Dingle
Keyword(s):  
International Law ◽  
Historical Development ◽  
Detailed Account ◽  
Current Status ◽  
Public International Law ◽  
The Public ◽  
The Subject ◽  
Law Library

AbstractIn this paper Lesley Dingle provides a detailed account of the historical development of the public international law collections at the Squire Law Library in Cambridge. She explains the close involvement of the academic lawyers and the librarians, past and present, in developing an important collection which reflects the significance of the subject at Cambridge's Faculty of Law. Finally, she brings things up-to-date by detailing the extent of the electronic provision which benefits the modern scholar in this discipline.

Intergenerational Wealth Transfer and the Need to Revive and Metamorphose the Israeli Estate Tax

2014 ◽  
Vol 8 (1) ◽  
pp. 59-101 ◽  
Author(s):  
Daphna Hacker
Keyword(s):  
Social Justice ◽  
Property Rights ◽  
Wealth Transfer ◽  
Estate Tax ◽  
Inheritance Tax ◽  
History Of ◽  
The Subject ◽  
The Rich ◽  
The Right ◽  
The Needy

Abstract This article suggests enacting an accession tax instead of the estate duty – which was repealed in Israel in 1981. This suggestion evolves from historical and normative explorations of the tension between perceptions of familial intergenerational property rights and justifications for the “death tax,” as termed by its opponents, i.e., estate and inheritance tax. First, the Article explores this tension as expressed in the history of the Israeli Estate Duty Law. This chronological survey reveals a move from the State’s taken-for-granted interest in revenue justifying the Law’s enactment in 1949; moving on to the “needy widow” and “poor orphan” in whose name the tax was attacked during the years 1959–1964, continuing to the abolition of the tax in 1981 in the name of efficiency and the right of the testator to transfer his wealth to his family, and finally cumulating with the targeting of tycoon dynasties that characterizes the recent calls for reintroducing the tax. Next, based on the rich literature on the subject, the Article maps the arguments for and against intergenerational wealth transfer taxation, placing the Israeli case in larger philosophical, political, and pragmatic contexts. Lastly, it associates the ideas of accession tax and “social inheritance” with inspirational sources for rethinking a realistic wealth transfer taxation to bridge the gap between notions of intergenerational familial rights and intergenerational social justice.

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