Abstract
In this paper, I consider how social-ecological resilience can be facilitated by the use of property rights. Taking a legal perspective on the use of different forms of property, I consider how property rules can manifest the attributes of flexibility, responsiveness, optionality, and scalability associated with resilient systems. I note how different regulatory regimes such as domestic law and international law have differing capacities to accommodate property rights, and this in turn affects the capability of property to sustain resilience. The fluid nature of resilience and property systems defies simple conclusions about the influence of property rights on resilience. However, it is possible to make some general observations on how well-suited archetype forms of property such as private property and community-based holdings might be for regulating certain resources.
Highlights
How best to manage dwindling, endangered, or finite resources in light of societies’ expanding and changing demands is one the most important and difficult tasks facing us today
Because property rights are sustained through legal rules and systems, property is necessarily infused with the broader values underpinning the legal system
Most legal systems have developed property rights according to long-established notions of desert, liberty, utility, and propriety, but they require that property systems fit with the objects of property
Summary
How best to manage dwindling, endangered, or finite resources in light of societies’ expanding and changing demands is one the most important and difficult tasks facing us today. I aim to contribute to the discussions about law and resilience by mapping out the relationship between socialecological resilience and the operation of property rights over natural resources. Because law defines property rights, certain characteristics of law and legal reasoning, as well as the operation of legal institutions, will determine how property rights can facilitate social-ecological resilience. Of particular importance is the capacity of law (domestic, regional, and international) to manage property rights at different spatial scales. This is important because many social-ecological systems transcend individual States and domestic property regimes. I argue that the rich diversity of property rights renders it a highly flexible institution, seemingly well-suited to facilitating social-ecological resilience, at least at local scales.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
