Books  Sustainable Development  Environmental Law 

Property Rights and Natural Resources

By: Richard Barnes

436 pages, no illustrations

Hart Publishing Ltd

Hardback | Apr 2009 | #170944 | ISBN-13: 9781841135892
Availability: Usually dispatched within 5 days Details
NHBS Price: £60.00 $78/€71 approx

About this book

The use of private property rights to regulate common pool natural resources is a controversial topic, which must address two critical issues: the allocation of wealth in society and proper conservation and management of limited resources. Given the privatisation of many natural resources within the confines of States, the most significant common pool natural resources are those located in international areas, such as the high seas and the atmosphere.

This book explores the extension of private property rights and market mechanisms to the regulation of resources in these areas. Looking at developments in off-shore fisheries and mineral exploitation (with references to other areas such as forestry and pollution quotas, where appropriate), the book considers the legal ramifications of current moves towards the privatisation of common pool natural resources. It is sceptical about this process and, in particular, questions whether private property is the most effective and socially responsive arrangement for the regulation of certain natural resources. It then suggests that other property regimes, such as stewardship (which is strongly advocated), provide alternative and workable templates for resource regulation, precisely because they are more responsive to the broader needs of the society whose interest the property system is designed to fulfil.

Taking account of legal and philosophical developments in property theory, as well as the impact that property justifications have on the regulation of natural resources, the author is able to show that the economics literature is flawed. The author also assesses the impact of international law on the use of property rights - a much neglected topic - showing how, because many natural resources straddle international boundaries, jurisdictional and international law issues must be taken into account if they are to be regulated.

... a stimulating, rewarding read.Ludwig GramlichZeitschrift fur Auslandisches Offentliches Recht und VolkerrechtVolume 71, 2011...Richard Barnes has written the most extensive and detailed book to date on sovereignty and property rights in marine resources under international lawBarnes has done a masterful job of combining theory and history to explain how international law has gradually expanded sovereignty and property rights to one of the two great global commonses: the oceans (the other is the global climate). As such, it makes a great contribution to the larger cross-disciplinary literature on the emergence of property rights in natural resources. It should be read by every legal scholar, economist, and political scientist interested in common pool resource problems.Daniel H. ColeLaw and Politics Book ReviewVol.19, No.11, November 9, 2009This is a very worthwhile work it is authoritative, comprehensive, well-structured and eminently excellent work of study and reference for both law students and legal practitioners. It is enlightening and enjoyable to read.Robert PritchardResourcesLaw InternationalJuly 2009This is an impressive piece of scholarship. It should be read by academics and students interested in property law and by those interested in fisheries law.This is an important book which deserves to be widely read ... a significant contribution to the available literature.Nigel BankesJournal of Energy and Natural Resources LawVolume 27, No 4, 2009This is a fascinating and engaging book that takes the reader on a journey into the intricate workings of property rights the journey is never dull... it is a valuable addition to the available literature in the area of natural resource management.Jona RazzaqueJournal of Environmental LawMay 2010In this fascinating book, Richard Barnes constructs a version of property rights which articulates both the public and private functions of property in the context of the international legal system. This is a skilfully crafted foray into a under-researched area.Using fisheries as a motif, Barnes has provided a tremendously valuable roadmap through public, private, domestic and international law. Would that the expertise, insight and creativity demonstrated by Barnes in this book be applied to the protection of other endangered species.Catherine MacKenzieThe Cambridge Law JournalVolume 70, Part 1


Chapter 1: Natural Resources, International Law and Property 1. Some Problems Concerning the Regulation of Natural Resources 2. Property and Sovereignty: Some Modes of Analysis 3. Scope and Orientation of this Study Chapter 2: The Private Function of Property 1. Introduction 2. Property and Excludability 3. Justifications of Property (a) Property as a Natural Right (b) Property as Liberty (c) Property as Utility (d) Economic Approaches to Property Rights (e) Property as Propriety (f) Property and Pluralism 4. Concluding Remarks Chapter 3: The Public Function of Property Rights 1. Introduction 2. A Template for the Public Function of Property: The Public Interest (a) The Nature and Identity of the Community (i) Plenary Legal Communities (ii) Types of Plenary Legal Community (iii) State and International Legal Community Contrasted (iv) Conclusions on Plenary Legal Communities and their Public Interests (b) The Categories of Public Interests (i) Operative Public Interests (ii) Normative Public Interests (iii) First Order Public Interests (iv) Second Order Public Interests (v) Third Order Public Interests (vi) The Relationship Between Orders of Public Interest 3. Public Interests and the Public Function of Property Chapter 4: Reconciling the Private and Public Functions of Property 1. Introduction 2. The Interface Between Private and Public Functions of Property (a) The Coincidence of Private Rights and Public Interests (b) Rights as Trumps (c) Public Interests as Trumps (d) A Determinable Relationship between Rights and Interests 3. Delimiting Justifications (a) Physical Factors that Shape the Relationship between the Private and Public Functions of Property (b) Legal Factors that Shape the Relationship between the Private and Public Functions of Property (c) Moral Factors that Shape the Relationship between the Private and Public Functions of Property 4. Forms of Property 5. Stewardship 6. Conclusions Chapter 5: The Influence of Property Concepts in the Development of Sovereign Rights over Ocean Space and Resources 1. Introduction 2. The Grotian Period: The Mare ClausumMare Liberum Debate (a) Background (b) Doctrinal and Theoretical Considerations 3. Freedom of the Seas (a) Background (b) Doctrinal and Theoretical Considerations 4. Consolidating Coastal State Control: Territorial Seas (a) Background (b) Doctrinal and Theoretical Considerations 5. The Emergence of Resource Regimes (a) Continental Shelf (b) Exclusive Economic Zone 6. Concluding Remarks Chapter 6: Sovereignty and Property: General Considerations 1. Introduction 2. Territorial Sovereignty as Property 3. The Scope of Sovereignty (or Its Private Incidents) 4. Restrictions on the Exercise of Sovereignty (a) General Limits on the Use of Natural Resources (b) Limits on the Use of Natural Resources Under International Environmental Law 5. Sovereignty Bounded Chapter 7: Sovereignty, Property and Maritime Zones 1. Introduction 2. Maritime Zones and the Scope for Property Rights (a) Territorial Sea (b) Archipelagic Waters (c) Continental Shelf (d) Exclusive Economic Zone (e) Maritime Delimitation 3. Concluding Remarks Chapter 8: Property Rights and Fisheries 1. Introduction 2. Forms of Property in Rights-Based Fisheries Management Systems (a) Input Controls (b) Territorial Use Rights in Fisheries (c) Individual Quotas (d) Community Development Quotas (e) Stock Use Rights in Fisheries (f) Summary 3. Domestic Implementation of Property Rights-Based Management Systems (a) Australia (b) Canada (c) Iceland (d) New Zealand (e) United States 4. An Appraisal of Rights-Based Measures (a) Economic Consequences of Rights-based Measures (b) Conservation and Management Consequences of Rights-based Measures (c) Allocational Consequences of Rights-based Measures 5. Legal Aspects of Rights-Based Fisheries Chapter 9: Conclusion

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Richard Barnes is the Sir Q. W. Lee and Dr Peter Thompson Lecturer in Maritime Law at the University of Hull.

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