Category Archives: Market Mechanism

Human Rights and the Environment: Problems and Possibilities (D. Shelton)

Author

Dinah Shelton

Keywords

Human Rights, Environmental Protection, Economic Incentives and Disincentives, Regulatory Measures, Criminal law,  Private Liability Regimes

Abstract

In the space of one week in the second half of August, 2007, two non-governmental organizations, an intergovernmental organization, a leading US law school, a major foundation, and the government of a small island developing state all telephoned my office to inquire about taking a rights-based approach to the problem of global climate change. While the linkages between human rights and environmental protection have been increasingly strengthened in the 35 years since the Stockholm Conference on the Human Environment, the calls were evidence that the present concern with climate change has accelerated and broadened consideration of the utility of a rights-based approach to environmental protection. Various analytical constructs can be invoked in law in order to protect the natural world and ecological processes on which life depends: economic incentives and disincentives, regulatory measures, criminal law, and private liability regimes all form part of the framework of international and national environmental law.

Citation

(2008) 38 Environmental Policy and Law 41

Paper

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David Bollier, Think Like a Commoner: A Short Introduction to the Life of the Commons – Book Review (A. Grear)

Author

Anna Grear

Keywords

business as usual, collective commons, commoners, digital commons, dispossession, market, neoliberal ideology, norms, property rights, urban food production, values

Abstract

At a time when there is widespread disillusionment with ‘business as usual’, attention is turning, thanks in part to the high-profile publication of books such as Jeremy Rifkin’s, The Zero Marginal Cost Society, towards the notion of ‘collective commons’ as an
alternative paradigm to neoliberal free-market economics.

David Bollier’s book broadens the focus to identify the centrality of commons (and ‘commoning’) to an epochal shift in consciousness now emergent across the world. Such scholarship suggests that a fundamentally different mode of being appears to be surfacing from beneath neoliberal market hegemony and the assumptions of ‘business as usual’ – presenting a renaissance of something much more ancient in the light of which the free market economy and the rise of homo economicus stand revealed as a historical anomaly.

This book provides a short, engaging and important introduction to the commons and to the dynamics of commoning, while unsettling important mainstream assumptions underlying life in the ‘real world’ of neoliberal globalization and the duopoly of the state-market complex.

Citation

(2014) 5/2 Journal of Human Rights and the Environment 213-9

Paper

David Bollier, Think Like a Commoner – Book Review

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Herd mentality and oil prices: implications for sustainability

Author

Hosein Piranfar

Keywords

Oil prices, herding and diminishing resources, sustainable alternative energy

Abstract

Despite the current volatility (early 2007), oil prices have experienced a persistently upward trend since 2004. By examining the cascading and stochastic models of herding, the paper looks at the role of herding and diminishing resources behind the volatility and rapid rise in oil prices. A main argument here is that the existence of institutional herding is not incompatible with the entry of noise traders; it rather leads and complements them. The paper also shows that persistent rise may in fact encourage sustainable alternative sources of energy to save the pernicious impact of herding, which can always rattle the prices dissuading the investors from investing in alternative energy. The methodology is based on literature review and the relevant data on oil prices.

Citation

(2009) 10 International Journal of Global Environmental Issues 194-209

Paper

Herd mentality and oil prices: implications for sustainability

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Climate change and REDD+: property as a prism for conceiving Indigenous peoples’ engagement (K. Birrell, L. Godden and M. Tehan)

Author(s)

Kathleen Birrell and Lee Godden and Maureen Tehan

Keywords

Carbon markets, Indigenous peoples, forest subsistence, REDD+, co-option, neo-colonialism, competing property conceptions

Abstract

The rapid emergence of carbon markets internationally, and rising concerns about the impact of such schemes on Indigenous and local community interests, rights and traditional knowledge, present a strong need to examine legal regulation, protection and promotion of equitable outcomes for the effective engagement of Indigenous peoples and local forest subsistence communities in climate change mitigation. This is particularly so in the context of Reducing Emissions from Deforestation and Degradation (REDD and REDD+ as it later became known) – a scheme that will significantly affect the ‘property’ rights and interests of such communities. The pace and enthusiasm for investment in, and implementation of, this scheme necessitate scrutiny of the foreseeable consequences at a local level, including the potential of this global project to act as a form of neo-colonialism, co-opting Indigenous and local community interests where the value of the carbon ‘offset’ may not accrue to local inhabitants of the forested areas. Accordingly, this paper seeks to present a series of fundamental questions raised by the programme, particularly in respect of differing conceptions of property, as it uniquely relates to and impacts upon Indigenous peoples.

Citation

(2012) 3/2 Journal of Human Rights and the Environment 196-216

Paper

Climate change and REDD+: property as a prism for conceiving Indigenous peoples’ engagement

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