Tag Archives: property

Critical Reflections on Ownership (M. Warnock)

Author(s)

Mary Warnock

Keywords

ownership, gardens, Locke, Hume, philosophy, private ownership, common ownership, property, responsibility, global environmental degradation, Romantic Movement, nature

Abstract

In this thought provoking work, Mary Warnock explores what it is to own things, and the differences in our attitude to what we own and what we do not. Starting from the philosophical standpoints of Locke and Hume, the ownership of gardens is presented as a prime example, exploring both private and common ownership, historically and autobiographically. The author concludes that, besides pleasure and pride, ownership brings a sense of responsibility for what is owned and a fundamental question is brought to light: can we feel the same responsibility for what we do not, and never can, own? Applying this question to the natural world and the planet as a whole, a realistic and gradualist perspective is offered on confronting global environmental degradation. Critical Reflections on Ownership examines the effect of the Romantic Movement on our attitudes to nature and is a salient commentary on the history of ideas.

Citation

Warnock, Mary (2015) Critical Reflections on Ownership. Cheltenham: Elgar

Paper

Critical Reflections on Ownership

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Community stewardship: the foundation of biocultural rights (Bavikatte and Bennett)

Author(s)

Kabir Sanjay Bavikatte and Tom Bennett

Keywords

Biocultural rights, stewardship, property, environment, law, nature, indigenous people, customary law, commodity, post-development, political ecology, commons, Convention on Biological Diversity, Nagoya Protocol, traditional resource rights

Abstract

The term ‘biocultural rights’ denotes a community’s long established right, in accordance with its customary laws, to steward its lands, waters and resources. Such rights are being increasingly recognized in international environmental law. Biocultural rights are not simply claims to property, in the typical market sense of property being a universally commensurable, commodifiable and alienable resource; rather, as will be apparent from the discussion offered here, biocultural rights are collective rights of communities to carry out traditional stewardship roles vis-à-vis Nature, as conceived of by indigenous ontologies.

Citation

2015 1 Journal of Human Rights and the Environment 7-29

Paper

Community stewardship: The foundation of biocultural rights

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Water Privatization Trends in the United States: Human Rights, National Security, and Public Stewardship (C.A. Arnold)

Author

Craig Anthony Arnold

Keywords

Water, privatization, property, commodification, watersheds, human rights, national security, public rights, stewardship, fiduciary, public utilities, sustainability, environment, ecology, equity, public trust, state ownership, usufructuary, conservation

Abstract

This article examines 3 aspects of water privatization in the United States: 1) the privatization of public water services and systems; 2) the dominance of private property rights in water amid a complex legal regime of mixed public and private characteristics of water; and 3) the cultural framing of water as a consumer commodity. These trends raise significant humanrights issues, not unlike global debates over humanrights to water, and also critical national security issues related to conflict and scarcity, foreign control over domestic water supplies, and vulnerability to terrorism. More importantly, though, the article critiques the sustainability of the privatization and commodification of water in terms of the ecological, temporal, geographic, socio-ethical, policy, and economic integrity and sustainability of waters and watersheds.

The article concludes that humanrights legal theories lack the capacity to resolve concerns about meeting the human need for water. Likewise, national security policies are too limited to address larger issues of long-term water governance to ensure secure, stable, and sustainable water supplies for the public.

The article proposes an alternative concept: public stewardship of water. This concept is based on the public ownership and control of water (i.e., the state ownership doctrine), subject to private property interests in water that are usufructuary in nature and regulated by the government for the public interest. These property interests in water should be seen as part of a “web of interests” defined by the unique and multi-faceted characteristics of water, including its role in sustaining all life. However, the government should be held to 6 fiduciary duties with respect to all water resources, moving beyond the traditional public trust doctrine: 1) the duty of security; 2) the duty of conservation; 3) the duty of sustainability; 4) the duty of equity; 5) the duty of investment; and 6) the duty of long-range, place-based planning. All stakeholders, including the public, should share in the government’s responsibility for acting on these duties.

Citation

(2009) 33 William & Mary Environmental Law and Policy Review 785

Paper

Water Privatization Trends in the United States: Human Rights, National Security, and Public Stewardship

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Towards a jurisprudential articulation of indigenous land rights (G. Pentassuglia)

Author

Gaetano Pentassuglia

Keywords

Real property, Customary rights in land, Human rights, Indigenous peoples, International law, Natural resources

Abstract

Reviews the jurisprudence of judicial and quasi-judicial bodies in respect of indigenous peoples’ claims to land and resources to analyse their application of specialised standards and general human rights law. Assesses the value of the standards.

Citation

(2011) 22(1) European Journal of International Law 165-202

Paper

Towards a jurisprudential articulation of indigenous land rights

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Human Rights and Arctic Resources (R.M. Bratspies)

Author

Rebecca M. Bratspies

Keywords

Human rights, property, indigenous rights, Belize, Arctic, regulation, decision making, energy, climate change, natural resources, Chukci Sea

Abstract

Because the res nullius, the unowned thing, is potentially the property of whoever successfully claims it, the scramble to claim and exploit resources deemed “unowned” has been a black chapter of human history. Cherished social and human values have been trampled in the rush for riches. The very idea of an “owned” versus an “unowned” resource, be it land, oil or living organisms, is, of course, a political construct, fraught with unspoken value judgments about the kind of use or possession worthy of that recognition. Throughout history, biases and prejudices have morphed judgments about the uses sufficient to demonstrate ownership into an assessment of whose use or possession will be dignified with the label of ownership. This latter assessment, implicit in the first whenever there are competing claims to a resource, has been wielded to systematically dispossess indigenous peoples around the world.

This article explores how the developing international humanrights jurisprudence might translate into a better, more just, more environmentally responsible process for deciding the fate of Arctic resources.

Citation

(2009) 15 Southwestern Journal of Law and Trade in the Americas 251

Paper

Human Rights and Arctic Resources

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