Changes In Property Rights Research Articles

지방법원 경매절차상 종물과 부종성에 관한 연구

An accessory means it in case the owner of the object attaches another object belonging to him in order to continue using the object. As a rule, subordinate goods follow the disposal of the main goods. Therefore, the second thing means that another thing owned by the owner of the thing is attached to it, and if a thing belonging to another person is attached to the main thing, it cannot be a second thing in principle. If there is a disposition for a principle property and a public disclosure method is provided, there is no change in property right to the specific product even if a separate disclosure method is not provided for the specific product. Since the dependence on a principle property is weak, a separate public disclosure method must be provided for the principle property to cause a change in property rights. There is a limit to regulating new legal acts, which are special transactions, with the existing system in the reality that new legal acts are generated and activated due to human culture and economic development following the development of science and industrial technology. When a legal system suitable for new legal acts and economic development is established, transaction safety will be guaranteed and new legal acts and economic development will take place. In case of property rights, the disclosure method must be prepared to cause the change of the property rights, and according to the theory of property rights, it is not the case, but rights with property rights can be registered. It is necessary to have a procedure for preparing the public disclosure method for the specific product and the public disclosure method for the subsidiary right.

The Game of Changes in Property Rights and Its Principles after the Confirmation of Rural Land Rights

Since the implementation of the rural revitalization strategyof China, the rural land contracting rights have been fully confirmed. However, after strict property rights confirmation, in the process of deepening rural revitalization, there will still be significant changes in the order of rural land property rights, and new interest game and problems will arise. This game has spontaneity based on fair judgment, arbitrariness in approach, and reflects the inherent entanglement between the ownership and contracting rights of rural land after it is confirmed. We should apply the principles of balancing efficiency and fairness, especially the principle of fairness within the village, the dual property rights principle of balancing rural land ownership and contracting rights, and the principle of balancing the rule of law, autonomy, and village conditions, to reasonably regulate and guide major changes in property rights after the confirmation of rural land rights.

“Who Will Turn Me Away from the Sheep?”: Present State and Development Trends of Transhumant Pastoralism in Eastern Herzegovina in the 21st Century

The paper presents the results of a field study of transhumant pastoralism which was carried out in June and July 2022 on the Zelengora, Volujak and Lebršnik mountains, on the Morine plateau, i.e. in the areas of the municipalities of Ljubinje, Nevesinje, Kalinovik and Gacko (Republic of Srpska-Bosnia and Herzegovina). The goal of the research was to determine the present state and development trends of transhumant pastoralism in the areas of eastern Herzegovina at the beginning of the 21st century. The paper gives an overview of the previous (ethnological) studies of transhumant pastoralism, and then presents the methodological procedures used in this research. The ethnographic section summarizes interviews with interviewees and field guides. The observed problems, both those that were talked about by the interviewees and those that were independently observed, were jointly expressed in the separate section as development trends that describe and at the same time shape the current state of transhumant pastoralism in the studied area. The problems in question are: the transformation of pastoralism into an individual economic strategy, and in some cases a form of personal leisure; changes in the directions and manner of livestock routes; the persistence of the basic production technology, along with the modernization of its individual elements; the weakening and dissolution of elements of the traditional cultural idiom; legal changes in property rights and the method of making compensations for rights of use; multiple consequences of war; increasingly pronounced neoliberal economic relations and withdrawal of the state; strengthening of personal motivation to engage in pastoralism; growing interest in zoological, ecological and climate topics. In almost all of the aforementioned trends, it is possible to recognize adaptation to the risks that come with changes in the environment, both natural and social. These are changes in the economy, demography, social relations, climate and ecology. The interviewees found ways to more or less successfully manage the mentioned risks.

Building Brand Assets: The Role of Trademark Rights

Trademarks play an important role in protecting intangible brand assets. However, the impact of trademark rights on brand assets has received little attention in the literature. The authors examine the impact of trademark rights on brand assets from the perspective of appropriability—that is, the firm’s ability to benefit from innovation and creativity. To ensure causal identification, they use a natural experimental context in which U.S. Supreme Court decisions on trademark rights provide an exogenous variation in strength of trademark rights. Using a database of trademarks registered in the United States and a difference-in-difference estimation approach, the authors show that, overall, trademark applications and applications to register in other categories increase when trademark rights are strengthened and decrease when trademark rights are weakened. However, trademarking responses of brands to a change in property rights are muted for design trademarks and amplified when a firm has multiple brands. The authors discuss the theoretical, substantive, and managerial implications of the findings and provide guidance for further research.

Changing Property Rights in the Family: Evidence from an Inheritance Reform

Changing Property Rights in the Family: Evidence from an Inheritance Reform

Property Rights to Client Relationships and Financial Advisor Incentives

ABSTRACTWe study the effect of a change in property rights on employee behavior in the financial advice industry. Our identification comes from staggered firm‐level entry into the Protocol for Broker Recruiting, which waived nonsolicitation clauses for advisor transitions among member firms, effectively transferring ownership of client relationships from the firm to the advisor. After the shock, advisors appear to tend to client relationships more by investing in client‐facing industry licenses, shifting to fee‐based advising, and reducing customer complaints. Our findings support property rights based investment theories of the firm and document offsetting costs to restricting labor mobility.

A property rights framework for analyzing management options for wildlife: a case study of chronic wasting disease in Canada

Although property rights have been used to understand numerous wildlife issues, such as extinctions, they have rarely been used to provide insights into specific management options. We present analytical frameworks that may be used to characterize property rights to wildlife for the purpose of understanding the implications of management actions for various stakeholders. The frameworks consider multiple types of values, including consumptive, non-consumptive, and passive-use values. Our case study involves the emergence of Chronic Wasting Disease (CWD) and its potential influence on the rights of stakeholders (i.e. the general public and hunters) in Alberta, Canada. Populating the framework for each stakeholder with characteristics of current property rights allow us to identify: 1) how the emergence of CWD could influence stakeholders’ current rights, 2) how management actions could change property rights and associated incentives; and 3) management options that have not been considered.

Investment in Human Capital and Labor Mobility: Evidence from a Shock to Property Rights

We study the effect of a change in property rights on employee behavior in the industry for financial advice. Our identification comes from staggered firm-level entry into the Protocol for Broker Recruiting. The agreement waived non-solicitation clauses for advisor transitions among member firms, effectively transferring ownership of client relationships from the firm to the advisor. After the shock, advisors appear to take better care of client relationships by investing in client-facing industry licenses, shifting to fee-based advising, and garnering fewer customer complaints. Our findings support property rights-based investment theories of the firm and document offsetting costs to restricting labor mobility.

Early Modern Reindeer Husbandry, Sami Economy, and Grazing Rights

The main historic trajectory in property rights to land was the development of more exclusive rights by the dissolution of common property. In the Swedish lappmarks the opposite occurred, and by the end of the nineteenth century the old system with privately assigned land finally disappeared when Samis obtained lawful common user rights to large areas for reindeer herding. Earlier research focused on the role of the state. We bring together three previously rather neglected perspectives—self-governance, ecology, and the functionality of large-scale reindeer nomadism—to explain changes in property rights. By analysing how Samis from two types of villages in Lule lappmark using different ecological settings between 1550 and 1780, we show that the older property-rights system dissolved due to the emergence of large-scale reindeer nomadism. Grazing land became one of the most valued economic assets, and a common-property regime evolved. The institutional change that spurred the development was new trading patterns during the seventeenth century. By taking a self-governing perspective in a common-pool resource (CPR) context we identify the microlevel interactions between users through which property rights evolved in early modern Sami communities. How indigenous people during this time created and negotiated property rights is highlighted. On a higher level, the CPR perspective facilitates a discussion about Sami property rights in the context of property rights elsewhere, especially regarding common property. We emphasize the importance of addressing self-governance in the analysis of historical property rights of indigenous people.

Decentralized Natural Resource Management: A Review of Devolution of Property Rights and People’s Participation

Recent decades have witnessed an increased attention towards emergence of decentralized strategies in natural resource management, as a solution to problems of over exploitation and degradation of natural resources. However, it is important to note that central to the processes of decentralisation in natural resource management is that of the concept of property rights. Successful decentralisation in natural resource management requires effective institutions be in place at local level with clearly defined property rights. In this context, the present paper analyses the process of changing property rights in decentralized natural resources management. It explores different forms of property rights and answers the question as to which type of property rights must be devolved to the user groups, if decentralized natural resource management is to be effective and sustainable.

A Study of the Factor Analysis on the Change in the Title of the Sponsorship of Chinese Professional Football Clubs

Many Chinese professional football clubs change their names more frequently compared with professional football clubs outside of China. By analyzing the historical data of football development history, the title of the sponsorship of professional football clubs in China, as well as the change of property rights, and adopting the method of documentation and browsing method of portals and internet platforms such as the official website of Chinese Football Association, Baibu baike, and Netease CSL data live system, the titles of sponsorship of professional football clubs in China are changed frequently with significant club clustering. Many clubs even have fixed titles but have changed them along with the change in sponsors. The change in a football club title shall be triggered by factors such as the change of economic factors, the change in institutional factors and the combined action of economic factors and institutional factors together. However, the fundamental reason for the frequent change of clubs’ titles shall be the undefined property structures of most clubs, as well as the issues of club brand values and property right confirmation.

Property Rights Implications for the Brazilian Forest Code

Abstract: The Brazilian Forest Code restricts landowners’ uses of the land. Changes in property rights are therefore the core element of the program. In this paper the new institutional literature on property rights is used to analyze the main difficulties involved in such a re-specification of rights. Four concepts from this literature are described and applied to better understand the issues that have hindered the program in the past and that affect the current version of the program initiated in 2012: (i) property rights as a ‘bundle of rights’, (ii) evolution of property rights, (iii) path dependence; and Ostrom’s 8 design principles. The paper argues that the key issue for the Forest Code is the level of uncertainty of the gap between the de jure and de facto specification of property rights.

Case Study: Indigenous Knowledge and Data Sharing

The IDRC-funded project 'Empowering Indigenous Peoples and Knowledge Systems Related to Climate Change and Intellectual Property Rights' is part of the Open and Collaborative Science in Development Network (OCSDNet). The project “examiners processes of open and collaborative science related to indigenous peoples’ knowledge, climate change and intellectual property rights”. Natural Justice, the lead organisation has a strong ethical stance on the agency and control over knowledge being vested with the contributing project participants, communities of the Nama and Griqua peoples of the Western Cape of South Africa. The project focuses on questions of how climate change is affecting these communities, how do they produce and maintain knowledge relating to climate change, how that knowledge is characterised and shared (or not) with wider publics, and how legal frameworks promote or hinder the agenda of these indigenous communities and their choices to communicate and collaborate with wider publics. Indigenous Knowledge is an area where ethical issues of informed consent, historical injustice, non-compatible epistemologies and political, legal, and economic issues all collide in ways that challenge western and Anglo-American assumptions about data sharing. The group seeks to strongly model and internally critique their own ethical stance in the process of their research, through for instance, using community contracts and questioning institutional informed consent systems.

Changes in Property Rights and Management of High-Elevation Rangelands in Bhutan: Implications for Sustainable Development of Herder Communities

Property rights and management regimes for high-elevation rangelands in Bhutan have evolved over centuries in response to environmental, cultural, and political imperatives. The 2007 Land Act of Bhutan aims to redress historical inequities in property rights by redistributing grazing leases to local livestock owners in a process known as rangeland nationalization. This study explored 3 related issues: property rights and management regimes in 3 distinct high-elevation rangeland systems, herders' and government officials' perceptions of the proposed rangeland nationalization process, and the implications of rangeland nationalization for herder livelihoods and sustainable development. Qualitative research methods were adopted to capture the lived experiences of 151 livestock farmers, seminomadic herders, and government officials, including 40 individual interviews and 9 focus group discussions. The research revealed that herding in these high-elevation rangelands is governed by a complex combination of priv...

Data Management Plan: Empowering Indigenous Peoples and Knowledge Systems Related to Climate Change and Intellectual Property Rights

The 'Empowering Indigenous Peoples and Knowledge Systems Related to Climate Change and Intellectual Property Rights' project examines processes of open and collaborative science related to indigenous peoples knowledge, climate change and intellectual property rights. It assumes and challenges practices of open science as a process, one that should involve modes of being both open and closed. The project takes history into account when considering how indigenous peoples' are producing knowledge related to climate change and how such knowledge maybe characterized as indigenous peoples' intellectual property and/or impacted by dominant intellectual property regimes. The central questions the research is addressing are: (i) How is climate change impacting indigenous Nama and Griqua communities? (ii) How are these communities producing indigenous knowledge related to addressing climate change and offering alternative strategies? (iii)How do indigenous Nama and Griqua characterize their knowledge as indigenous intellectual property (or not) and decide to openly share their knowledge (or not) internally or with the outside public? (iv) How and what types of laws and policies (including intellectual property rights) promote and/or hinder these indigenous strategies and open collaboration with the public? The data are being collected and created to answer these main questions. Furthermore, the researchers are critically tracking the research process itself and this data will be scrutinized to provide information on the open and collaborative science process and dilemmas and tensions around openness issues.

The Meaning of Dispossession

This Article critiques our focus on possession as the cornerstone of theories of property, examining the limitations of possession both as a theoretical concept and as a practical one. Second, the article examines how an investment-based labor approach has sharply shaped out understandings of possession. By examining the intertwining of possession and labor during colonization, the article describes how the labor approach to possession excluded more communal corollaries and instilled in American property law a consistent push toward grounding land claims at the labor-possession nexus.Re-thinking the labor-possession nexus yields important shifts. First, labor matters for other reasons than investment-backed expectations. Labor matters because the loss of investments often means violence. There is a reason for the historical correlation between changes in property rights and revolutions. Focusing investment critically places property as a first-order value when it is, in fact, a second-order value or a means to a social end (specifically, non-violence). Second, focusing on labor as investment also places such an extraordinary emphasis on possession that American scholars and courts rarely think much about dispossession. Our emphasis on possession rather than dispossession frames American property law in terms of vested rights to such a degree that while scholars may think in terms of social relations theories, American property law is stuck thinking in terms of individual ownership rights even when the courts acknowledge the social nature of property arrangements.

The Meaning of Dispossession

This Article critiques our focus on possession as the cornerstone of theories of property, examining the limitations of possession both as a theoretical concept and as a practical one. Second, the article examines how an investment-based labor approach has sharply shaped out understandings of possession. By examining the intertwining of possession and labor during colonization, the article describes how the labor approach to possession excluded more communal corollaries and instilled in American property law a consistent push toward grounding land claims at the labor-possession nexus.Re-thinking the labor-possession nexus yields important shifts. First, labor matters for other reasons than investment-backed expectations. Labor matters because the loss of investments often means violence. There is a reason for the historical correlation between changes in property rights and revolutions. Focusing investment critically places property as a first-order value when it is, in fact, a second-order value or a means to a social end (specifically, non-violence). Second, focusing on labor as investment also places such an extraordinary emphasis on possession that American scholars and courts rarely think much about dispossession. Our emphasis on possession rather than dispossession frames American property law in terms of vested rights to such a degree that while scholars may think in terms of social relations theories, American property law is stuck thinking in terms of individual ownership rights even when the courts acknowledge the social nature of property arrangements.

Climate change and intellectual property rights in Africa: Environmental necessity-economic opportunity

Promoting the development of clean technologies is critical in achieving a low-carbon economy in Africa. The objective of this paper is to shed more light on the role of IPRs in the efforts to mitigate climate change in Africa. This paper argues that the existing IP regime, specifically the patent system, does not necessarily preclude African countries from developing clean technologies that meet world standards. However, African countries lack capacities to adapt, develop, deploy and operate high low-carbon technologies which can give them competitive advantage in the global market. This article proposes that African countries should create an institutional set-up by which innovative strategies can easily be shared to accelerate and facilitate the development and diffusion of clean technologies. The paper concludes that unless African countries adopt appropriate policy mix to stimulate technological catch-up with rest of world in the area of clean technology development and diffusion, they will continue to lag behind and face deepening marginalization in the global economy, irrespective of the IP system regime.

Property Rights, Grazing Permits, and Rancher Welfare

This study attempts to link factors affecting the demand for Bureau of Land Management grazing to perceived changes in permittee welfare over the 1962-92 period. Annual demand for federal forage is found to be sensitive to active preference, beef cow and breeding ewe inventories, and grazing fees and nonfee allotment utilization costs. No evidence is found to support the notion that the demand for grazing has been affected by changes in property rights associated with the federal grazing permit that are not reflected in higher user costs. The total decrease in welfare generated from the permit to graze public lands has been about 9% per authorized cattle animal unit month and 65% per authorized sheep animal unit month over the study period.

Access to and allocation of ecosystem services in Malaysia's Pulau Kukup Ramsar Site

This paper explores how the Ramsar Convention, a key multilateral environmental agreement for the world's wetlands, influences the allocation and use of ecosystem goods and services. Focusing on the world's second largest uninhabited mangrove island, Pulau Kukup, this study illustrates the social and ecological risks and opportunities surrounding protected wetlands. Interviews with, and observations of, nearby communities reveal that Pulau Kukup has continued to render regulatory, cultural, provisioning and supporting ecosystem services under different governance regimes and institutional arrangements. Under the current governance regime, national conservation agencies focus largely on conservation and have struggled to implement the principles of wise use as specified by the Ramsar Convention. Nevertheless, such strict local (formal) conservation rules restricting public access have improved the ecological integrity of the mangrove island, with little negative impact on the locals. While restrictions in access may be seen as a trade-off for local communities wishing to pursue cultural activities, tourism linked to the island's Ramsar designation has boosted the local economy. Despite these benefits, changes in property rights and growing influxes of tourists visiting the protected wetland may affect the long-term ecological integrity and the balance between wetlands, communities, livelihood options, and sustainability. Such challenges demand governance that recognises and responds to these emerging issues.