Nature's Place? Property Rights, Property Rules and Environmental Stewardship

Rodgers, Christopher

doi:10.1017/s0008197309990146

Cited by 18 publications

(21 citation statements)

References 9 publications

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“…On the other hand, PES involve people who have a relationship with such resources and ecosystems so that they can take decisions about them according to their interests. This relationship [25,26] is mostly represented by property rights, which are at the base of Western society and its economic model, and so the interests that the owners have are mostly conceived as economic interests [6,27]. In summary, the functioning of the PES depends on natural resources on the one hand and on property rights on the other.…”

Section: Ecosystem Services Pes and Property Rightsmentioning

confidence: 99%

“…This relationship has been understood as a bundle of social rules that need to be applied in resolving the problem of allocation which refers to who is to have access, to which resources, for what purposes, and when [25]. From this point of view, the relationship is not towards the resource only, but it is also towards the other people who claim that resource [26]. This means that the execution of legal entitlements on natural resources could lead to threatening someone else's right.…”

Section: Ecosystem Services Pes and Property Rightsmentioning

confidence: 99%

“…This dichotomy is reflected in the tension between the traditional way to understand private property and a new, more comprehensive interpretation of such a concept, and a revision of its taxonomy [6][7][8]26,32]. This will be scrutinised in Section 3, as part of the explanation of why a new perspective for considering property rights is required to achieve a more sustainable management of natural resources and how this theoretical understanding can be applied to the PES.…”

Section: Ecosystem Services Pes and Property Rightsmentioning

confidence: 99%

“…As mentioned above, there is a debate amongst property law and environmental law practitioners and academia about changing the relationship between environmental law and property rights and the taxonomy itself of property, which refers to the way it is categorised among other rights [6][7][8]26,32]. In this section, we firstly examine the relation between environmental law and property rights.…”

Section: The Role Of Stewardship In Drafting the Legal Framework For mentioning

confidence: 99%

“…Therefore, since the current legal culture supports an anthropocentric perspective of nature, in which legal category any entitlement is largely unburdened by responsibilities towards natural resources, the taxonomy of law itself has to be changed and he suggests that a different approach in legal education is needed to better align property rights and environmental issues [6]. Rodgers considers environmental legislation as a limitation or a way of redistributing property rights in order to pursue public policy objectives and makes a case for a theory of environmental property [26].…”

Section: The Role Of Stewardship In Drafting the Legal Framework For mentioning

confidence: 99%

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Revising Payment for Ecosystem Services in the Light of Stewardship: The Need for a Legal Framework

2015

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Abstract:Since the Millennium Ecosystem Assessment (MEA) highlighted the importance of ecosystem services for human well-being, the payments for such services have increasingly been drawing the attention of governments, the private sector and academia. Nonetheless, there is not yet a specific legal framework which is able to capture the complexity of managing natural resources and, at the same time, deal with the numerous drawbacks that have been identified by critics, who are opposed to using financialisation of the environment as a tool. This paper, after briefly summarizing some of the main features and criticisms of the Payment for Ecosystem Services (PES), will critically assess the understanding of property rights over natural resources as stewardship, rather than as entitlement, because this interpretation is more coherent with the inherent characteristics of natural resources and, consequently, of ecosystem services. The novel usage of a stewardship dimension to property rights underlines the necessity for a legal framework for PES, constituted by "property-liability rules".

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