Property Rights and Sustainability: The Evolution of Property Rights to Meet Ecological Challenges

摘要

This book of writings is the 11th volume in a series, under the general editorship of David Freestone, titled Legal Aspects of Sustainable Development. The series aims to publish works at the cutting edge of legal scholarship that address both the practical and theoretical aspects of that concept. Property rights have been seen as incompatible with the idea of sustainability in the clash between individual user rights versus protection of the commons. As the editors suggest, the problem is not property rights per se, but rather our understanding of the entitlements and obligations attached to property rights. Some go even further to suggest that property in land comprises a form of delegated responsibility for land as a community resource. This necessitates a full understanding of the nature of property rights as a malleable rather than an absolute concept that needs to reflect social change. This volume explores the challenge of whether property rights can meet ecological challenges.