Property rights for changing forest values: a study of mixed-wood management in Canada

1993 ◽  
Vol 23 (4) ◽  
pp. 688-699 ◽  
Author(s):  
Martin K. Luckert
Keyword(s):  
Property Rights ◽  
Government Regulation ◽  
Social Values ◽  
Analytical Framework ◽  
Physical Characteristics ◽  
Private Market ◽  
Forest Values

As new values of forests emerge, property rights must evolve to accommodate these changes. An analytical framework is presented that may be used to assess whether private negotiations between firms may optimally accommodate newly emerging values. A study of mixed-wood management in Canada reveals that private negotiations form a central role in many mixed-wood policies with varying degrees of success. The analytical framework is used to illustrate that successes in mixed-wood policies may be attributed to tenure structures that facilitate trades in property rights, whereas problems may be explained by constrained or absent markets for property rights. Although private market negotiations may accommodate emerging values in the case of mixed-wood management, physical characteristics and social values associated with nontimber resources may prevent such solutions and may therefore require government regulation.

Risk, Property Rights, and Antidiscrimination Law in Rental Housing: Toward a Property-in-Action Framework

2020 ◽  
Vol 45 (4) ◽  
pp. 871-901
Author(s):  
Marco Brydolf-Horwitz
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Rental Housing ◽  
Legal Rights ◽  
Criminal Records ◽  
Private Property Rights ◽  
Private Market ◽  
Antidiscrimination Law ◽  
Risk Discourse ◽  
Housing Outcomes

Landlords’ decisions significantly shape the housing outcomes of poor and stigmatized renters. Despite this important gatekeeping role, studies of antidiscrimination law have not thoroughly examined how private market actors respond to reform efforts or how private property rights potentially enable them to evade regulation. This study draws on ethnographic data gathered between late 2015 and early 2018 to examine how and why Seattle landlords opposed an ordinance regulating the use of criminal records in rental housing. The findings indicate that landlords’ opposition stems from their expectation that property protects owners’ ability to control their exposure to risk. Yet conceptions of property and risk perception alone cannot explain how landlords can evade regulation. Toward this end, I show how private property rights facilitate adaptation by which landlords can legally circumvent the intent of the law. The study highlights the value of a sociolegal framework of property in action, which incorporates cultural notions of ownership, legal rights, and the regulatory and market environments that shape owners’ discretion. I suggest that greater attention to risk discourse and property rights will deepen our understanding of the limits of antidiscrimination law and the ability of private market actors to adapt to, and resist, legal reform efforts.

scholarly journals Reconstruction of China’s Farmland Rights System Based on the ‘Trifurcation of Land Rights’ Reform

Land ◽  
2020 ◽  
Vol 9 (2) ◽  
pp. 51
Author(s):  
Li ◽  
Tan ◽  
Wu
Keyword(s):  
Property Rights ◽  
Social Values ◽  
Land Rights ◽  
State Intervention ◽  
Social Function ◽  
Systematic Design ◽  
Legal Rules ◽  
The Social ◽  
Use Efficiency ◽  
New Perspective

With the aim of improving farmland use efficiency without damaging the social function of farmland, Chinese policymakers have proposed the ‘trifurcation of land rights’ reform. When it comes to realization of the law, however, neither the Ownership Model nor the Bundle of Sticks Model can adequately explain this reform. The tree concept of property, which provides a new perspective in delineating property rights based on the function served by specific properties, is thus adopted. We find that this tree concept of property helps to better understand and realize the trifurcated rights on farmland in China. Also, a balance between the social and economic functions of farmland can be reached through reconstruction of the property rights involved, a process which comprises three steps: identification of the nature of the newly-established rights; configuration of the rights and duties of relevant entities; and state intervention in the enforcement of relevant rights with the aim of realizing certain social values. Finally, this paper argues that success of this trifurcated structure requires a systematic design of the Chinese Civil Code. In particular, it requests further improvements in legal rules on farmland lease.

Law as a Public Good: The Economics of Anarchy

1992 ◽  
Vol 8 (2) ◽  
pp. 249-267 ◽  
Author(s):  
Tyler Cowen
Keyword(s):  
Law Enforcement ◽  
Property Rights ◽  
Public Goods ◽  
Public Good ◽  
Private Market ◽  
Market Relations

Various writers in the Western liberal and libertarian tradition have challenged the argument that enforcement of law and protection of property rights are public goods that must be provided by governments. Many of these writers argue explicitly for the provision of law enforcement services through private market relations.

scholarly journals Assessing Political Risk Analysis in a hybrid regime: The case of Zimbabwe

2021 ◽  
Author(s):  
Itai Makone ◽  
Derica Lambrechts
Keyword(s):  
Risk Analysis ◽  
Government Regulation ◽  
Single Case ◽  
Political Risk ◽  
Analytical Framework ◽  
Hybrid Regimes ◽  
Weak Institutions ◽  
Hybrid Regime ◽  
State Relations ◽  
Election Violence

Political Risk Analysis (PRA) levels are theoretically postulated to increase in a hybrid regime. This paper argues that there is a change to this hypothesis. A single case research design was employed, using Zimbabwe from 1990 to 2018. During the period, Zimbabwe showed five diverse forms of hybridity which are liberal, competitive illiberal, competitive, illiberal, and military hybrid regimes. A conceptual framework is developed to assess political risk in a hybrid regime using hybrid regime indicators and some political risk factors of most concern to developing countries. 28 key informants from six categories of respondents were interviewed. Illegitimacy, corruption, the staleness of leadership, adverse government regulation, election violence, and severed home-host state relations were confirmed to increase the perception of political risk in a hybrid regime. Investors were observed to have developed a tolerance for some “unacceptable” factors that increased political risk. Military tutelage, weak institutions, flawed elections, military generals in power, undemocratic means to retain power, minimum horizontal accountability and weak rule of law were found to not automatically increase political risk as before. The paper concludes that there is no single form of hybridity and as such different forms of hybrid regimes accrue different levels of political risk, some lower levels while others substantially higher levels. Therefore, in a hybrid regime, a differentiated PRA monitoring, assessing and mitigation strategy will be most effective for management to implement. Future studies can apply the analytical framework of assessing PRA in a hybrid to another hybrid regime to expand the theoretical propositions made by this paper

scholarly journals Environmental Management Transfer and Environmental Performance by Japanese Firms in Thailand

2014 ◽  
pp. 81-90
Author(s):  
Tatsuo Kimbara ◽  
Kazuma Murakami ◽  
Nirundon Tapachai
Keyword(s):  
Environmental Management ◽  
Environmental Performance ◽  
Government Regulation ◽  
Analytical Framework ◽  
Environmental Management System ◽  
Least Square ◽  
Environmental Strategy ◽  
Ordinary Least Square ◽  
Japanese Firms ◽  
Corporate Social

This paper analyzes the determinants of environmental management transfer and environ-mental performance by Japanese firms in Thailand. For sustainable development, all actors need to contribute to the reduction of environmental loads. This requirement is part of a corporate social responsibility. Data obtained from a questionnaire survey onJapanese subsi-diaries in Thailandareused in the analysis. Government regulation, environmental strategy, organization and environmental performance are the key factors in the analytical framework. This paper uses ordinary least square (OLS) method for estimation. The results of the analy-sis indicate that the environmental management system and green procurement by parent firms are significantly related to the international transfer of these practices. Top leadership and the goal of environmental management in the subsidiary are also significantly related to the transfer.The emphasis of environmental strategy leads to improved environmental perfor-mance. Specifically,water and air performance are related to top initiative. In contrast, CO2and waste performance are related to the priority of environmental management.This paper presentsnew findings in environmental management.

An Overview of Intellectual Property Rights and Systems

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Social Values ◽  
Social Value ◽  
Member States ◽  
The Public ◽  
15Th Century ◽  
International Commitments ◽  
The Eu

This chapter considers the nature, aims, and values of intellectual property (IP) rights and systems. It traces the emergence of statutory IP laws in Europe from the 15th century as means of facilitating and rewarding the introduction to the public of certain intangible expressive and informational objects of social value, and the different IP philosophies that they reflect. It then considers the IP rights and systems of European and UK law today, and their vesting of temporary exclusive rights in respect of different categories of ‘intellectual creation’, broadly conceived. The EU is presented as seeking, through its recognition and protection of IP rights, to build on the traditions of its Member States in a manner that is consistent with both its international commitments and its particular economic and social values and aims. The result of this objective is considered, along with certain distinctions of importance to IP rights and systems.

scholarly journals The Politics of Order in Informal Markets: Evidence from Lagos

2019 ◽  
Vol 72 (1) ◽  
pp. 47-79 ◽  
Author(s):  
Shelby Grossman
Keyword(s):  
Property Rights ◽  
Survey Data ◽  
Economic Activity ◽  
Balance Of Power ◽  
Informal Markets ◽  
The World ◽  
Private Market ◽  
Group Members ◽  
Government Interference ◽  
Private Associations

AbstractProperty rights are important for economic exchange, but in many parts of the world, they are not publicly guaranteed. Private market associations can fill this gap by providing an institutional structure to enforce agreements, but with this power comes the ability to extort from group members. Under what circumstances do private associations provide a stable environment for economic activity? The author uses survey data collected from 1,179 randomly sampled traders across 199 markets in Lagos, Nigeria, and finds that markets maintain institutions to support trade not in the absence of government, but rather in response to active government interference. The author argues that associations develop protrade policies when threatened by politicians they perceive to be predatory and when the organizations can respond with threats of their own. The latter is easier when traders are not competing with one another. To maintain this balance of power, an association will not extort; it needs trader support to maintain the credibility of its threats to mobilize against predatory politicians.

The functional–formal impasse in (trust) property

2017 ◽  
Vol 14 (3) ◽  
pp. 437-453
Author(s):  
Jesse Wall
Keyword(s):  
Property Rights ◽  
Social Values ◽  
Property Right ◽  
Property Law ◽  
Practical Application ◽  
Moral Significance ◽  
Normative Analysis ◽  
Trust Property ◽  
A Share

AbstractThis paper identifies an impasse between two conceptions of ‘property rights’. Formal conceptions explain ‘property rights’ in terms of an alienable right to exclude, that has moral significance in terms of individuals’ preference satisfaction, and describe a trust beneficiary as having a right against the trustees’ right. Functional conceptions explain a ‘property right’ in terms of the entitlements in a resource, which has moral significance in terms of a range of individual and social values, and describe a trust beneficiary as having a share in entitlements in the resource. This impasse has general implications for the normative analysis of property law and particular implications for the practical application of redistributive statutory provisions to discretionary trusts. The solution to this impasse lies in the abandoning the language of ‘property’ when we are concerned with the entitlements in a resource.

Sign in / Sign up

Export Citation Format

Share Document