The role of property law in environmental management

Maguire, Rowena & Phillips, Angela (2011) The role of property law in environmental management. Environmental and Planning Law Journal, 28(4), pp. 215-242.

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Market-based environmental regulation is becoming increasingly common within international and national frameworks. In order for market-based regimes to attract sufficient levels of stakeholder engagement, participants within such schemes require an incentive to participate and furthermore need to feel a sense of security about investing in such processes. A sense of security is associated with property-based interests. This article explores the property-related issues connected with the operation of environmental markets. Relevant property-related considerations include examining the significant role that market-based regulation is playing in connection with the environment; examining the links between property rights and markets; exploring the legal definition of property; analysing the rights and powers associated with environmental interests in land; advancing theory on the need for landholder responsibilities in relation to land and examining the legal mechanisms used to recognise environmental property rights, including the registration thereof.

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3 citations in Scopus
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ID Code: 46858
Item Type: Journal Article
Refereed: Yes
Keywords: environmental markets, property rights, biosequestration
ISSN: 0813-300X
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Environmental and Natural Resources Law (180111)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Past > Institutes > Institute for Sustainable Resources
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Copyright Owner: Copyright 2011 Lawbook Co
Deposited On: 06 Nov 2011 22:33
Last Modified: 07 Nov 2011 20:00

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