Property : an instrumental institution for environmental governance

Fisher, Douglas E. (2012) Property : an instrumental institution for environmental governance. Environmental Law and Management, 24(6), pp. 263-276.

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Property in an elusive concept. In many respects it has been regarded as a source of authority to use, develop and make decisions about whatever is the subject matter of this right of ownership. This is true whether the holder of this right of ownership is a private entity or a public entity. Increasingly a right of ownership of this kind has been recognised not only as a source of authority but also as a mechanism for restricting or limiting and perhaps even prohibiting existing or proposed activities that impact upon the environment. It is increasingly therefore an instrument of control as much as an instrument of authorisation. The protection and conservation of the environment are ultimately a matter of the public interest. This is not to suggest that the individual holders of rights of ownership are not interested in protecting the environment. It is open to them to do so in the exercise of a right of ownership as a source of authorisation. However a right of ownership – whether private or public – has become increasingly the instrument according to which the environment is protected and conserved. This article addresses these issues from a doctrinal as well as a practical perspective about how the environment is managed. It does so in five ways:

●considering briefly property as a concept

●reviewing property in its historical context

●analysing property as a human right

●examining property in natural resources

●reviewing judicial approaches to property in natural resources.

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ID Code: 71011
Item Type: Journal Article
Refereed: Yes
Keywords: environmental governance, conservation, rights of ownership
ISSN: 1067-6058
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
Current > Schools > School of Law
Copyright Owner: Copyright 2012 Lawtext Publishing Ltd.
Deposited On: 06 May 2014 00:33
Last Modified: 07 May 2014 08:40

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