Jerry L. Anderson (Drake University, USA)
CRWA, CRoW, right to roam, right to exclude, British land use control, footpaths
Britain recently enacted a “right to roam” in the Countryside and Rights of Way Act (CRoW) 2000. At first glance, CRoW appears to be a dramatic curtailment of the landowner’s traditional right to exclude; it opens up all private land classified as “mountain, moor, heath, or down” to the public for hiking and picnicking. Yet, when viewed in the light of history, CRoW may be seen as partially restoring to the commoner rights lost during the enclosure period, when the commons system ended. CRoW also represents a return to a functional rather than spatial form of land ownership, allowing more than one party to have rights in a particular piece of land. The new law highlights some important public values regarding freedom of access that have been all but forgotten in the United States. The law calls into question U.S. Supreme Court precedent that has enshrined the right to exclude as an “essential” stick in the bundle of property rights and serves as a powerful alternative to the Court’s formalistic notion of property rights. Given the differences in its history, culture, and legal system, the United States is unlikely to follow Britain’s lead in enacting a right to roam; nevertheless, the study of CRoW contains valuable lessons for Americans.
(2007) 19 Georgetown International Environmental Law Review 375
Britain’s Right to Roam: Redefining the Landowner’s Bundle of Sticks
Daniel E. Orenstein (Israel Institute of Technology, Israel)
Steven P. Hamburg (Brown University, USA)
Land use/land cover change, Urbanization, Open space preservation, Population growth, Land use policy, Israel
This research examines land use change in Israel––an intriguing but understudied setting with regard to population–environment dynamics. While Israel is fairly unique with regard to its combined high levels of economic prosperity and high population growth, this case study has relevance for developed countries and regions (like the south and southwest regions of the USA) which must balance population growth and urban development with open space conservation for ecosystem services and biological diversity. The population–land development relationship is investigated during the period from 1961 to 1995 at three spatial scales: national, regional (six districts), and local (40 localities). There is a positive correlation between population growth and land development rates at the national scale, and while remaining positive, the strength of the relationship varies greatly at regional and local scales. The variation in population–land use dynamics across scales is used to garner insight as to the importance of geography, policy and historical settlement patterns.
(2010) 31 Population & Environment 223-254
Population and pavement: population growth and land development in Israel
Deepa Badrinarayana (Chapman University School of Law)
India , energy, policy, climate change, energy security, environmental impact, humanrights, Intergrated Energy Policy, citizen’s rights, balancing rights
India ’s rapidly growing economy naturally demands increasing energy needs from the industrial scale down to the personal. Mindful of potential negative impacts of economic development, India is making efforts to encourage growth while preserving and protecting the environment and human rights. India’s Integrated Energy Policy sets out the roadmap for how the country plans to achieve the balance among development, environmental protection, citizens’ rights, energy security, and a host of other priorities and concerns. Though ambitious and broad in scope, the Policy may prove inadequate in mitigating environmental impacts of development, and thus inadequate in balancing India’s needs, particularly in the realm of climate change.
(2010) 40 Environmental Law Reporter News & Analysis 10706
India ’s Integrated Energy Policy: A Source of Economic Nirvana or Environmental Disaster?