Distribution Of Property Rights Research Articles

Regulation of Property Relations Based on the Preferences of Economic Agents as a Tool for Increasing Aggregate Total Welfare on the Example of the Russian Forestry Complex

The balance of preferences of economic agents and formal institutions is the key to long-term growth of well-being. The article suggests a mechanism for increasing the compliance of institutional transformations with the revealed preferences (using the example of the Russian forest complex). A categorical apparatus based on the comparison of the functions of subjects of endogenous and exogenous distribution has been developed. It is shown that despite the comparative economic efficiency of the endogenous set (confirmed by the results of regression analysis), the real distribution is characterized by the presence of quasi-market preferences. In this context, the influence of path dependence (using the time preference operator) on rational expectations, and, accordingly, budget sets and production sets of agents, is formalized. The scheme of a limited set of available powers of the lessee of forest plots is presented. A model for regulating the distribution of property rights has been developed based on comparing the dynamics of cash flows with institutional changes. The model has been tested. The concept of institutional transformations of the Russian forest complex in the direction of strengthening endogenous-contractual relations, specification of private and state powers and optimization of forest management and forest accounting functions is proposed.

Determining the impact of global-local transformations of property on the formation of nanoeconomics

The object of research is the relationship between the processes of formation of the information-network society and the global-local transformation of property relations at the turn of the XX–XXI centuries. The problem has been identified that the limitations of theoretical approaches to explain the content and interrelation of property relations and the social meaning of high-tech development have led to an increase in general socio-economic instability. To solve the problem, the definition of the institution of property as an economic good is provided. A three-level traditional model of public management has been highlighted. It is shown that the existing triple structure of the public sector of economy should acquire a different value content. The new model in the dynamic unity of markets of pure public benefits, public goods, private goods harmonizes public interests, strengthens relations of trust. This model forms the foundations for the formation of nanoeconomics in a broad sense as the forerunner of harmonious institutional architectonics of the economy. Nanoeconomics, as part of baby economics, human economics, and economics of nanotechnology, is based on the principles of rational behavior in making economic decisions within the limits of power. In the depths of baby economics, skills and competencies are formed in handling property. The human economy ensures the proper implementation of property functions. Within the experimental part of the study, a mathematical model of multifactor regression is constructed. The model confirmed the presence of dense dependence (0.9076) of the growth of GDP per capita on the state of distribution of property rights in the national economy. The area of practical use of the results is the post-war reconstruction of Ukraine's economy through the activation of its domestic business potential.

A right to pollute versus a duty to mitigate: on the basis of emissions trading and carbon markets

ABSTRACT Emissions trading, also known as cap-and-trade systems, has not yet fulfilled its function of mitigating overall global greenhouse gas (GHG) emissions. The reasons for this failure are manifold and have been broadly discussed at political and empirical levels in the last decades. However, much can still be said from a philosophical perspective. Such an analysis is not limited to the evaluation of cap-and-trade systems’ lack of efficiency and the consequences arising from it but goes deeper into the moral questions underlying cap-and-trade systems. This is how this paper attempts to contribute to and expand the debate on emissions trading at different levels. By examining a popular analogy between traditional and climate commons, I challenge some of the economic and normative assumptions at the core of cap-and-trade systems. I argue that these assumptions lead to misguided conclusions in responding to the causes of climate change. This will partly explain why, although emissions trading is intended to fulfil a duty to mitigate greenhouse gases, we should not pin all our hopes on it just yet. Key policy insights The problems associated with free access to the traditional and climate commons can be conceived of in an analogous way, but the solutions to address them cannot. These include market-based policies focusing on the distribution of property rights over the atmosphere’s capacity to absorb GHGs. Like other common resources, the atmosphere’s capacity to absorb GHGs is limited and subject to deterioration due to free access and competing consumption. Unlike other common resources, there is no ability to restrict, control or sanction non-cooperative behaviour that continues to pollute the atmosphere. This poses a major challenge to the effectiveness of cap-and-trade systems. Emissions trading systems can be attractive mechanisms for pursuing GHGs targets by minimizing the costs of pollution while limiting the impact of mitigation on the overall economy. Nevertheless, even efficient emissions trading systems fail to fully address the moral concerns that lie at the heart of our current climate crisis.

National Rural Livelihood Mission and Women Empowerment in Nagaland : An Approach Based Village Study

Indian society is patriarchal in nature and always tried to suppress and subordinate women in different facets of literature, social norms, and in other religious & mythological texts. The introduction of self-help groups in India was considered one of the most significant tools to adopt a participatory approach for women’s empowerment. The data for this study were collected from 300 respondents covering three intensive blocks under three districts of Kohima, Dimapur, and Mokokchung of Nagaland. The evidence showed that significant changes occurred in terms of socioeconomic and political empowerment after implementing the rural livelihood mission in all selected villages. The study’s findings revealed that about 73% of the respondents had attained economic security through decent work conditions, and 50.7% of the respondents stated that they attained more employment days in agricultural and other skilled employment activities under the NSRLM scheme. The study results disclosed that the quality of life and status of socioeconomic conditions improved significantly. However, distribution of property rights, participation in political activities, and freedom of movement by the women were limited in all selected villages, which need more strategies and training for women so that they are empowered in these areas.

Розширення джерельної бази місцевих бюджетів: національний та зарубіжний досвід

Abstract. Introduction. The permanent negative situation of the Ukrainian economy is caused by a number of shortcomings of the economic system, which is still in the process of development and reform, and one of the urgent issues that need to be addressed is the state and sources of municipal budgets. The level of revenues from the state treasury indicates a clear dependence of local budgets on the state. Compared to the experience of foreign countries, where own investments make up the bulk of urban profits, Ukrainian municipalities lose a significant amount of money from private sources, such as infrastructure revenues or local taxes. Therefore, the topic of expanding the source base of local budgets today is extremely relevant. Purpose. At the disposal of local governments is a fairly wide range of tools for indirect influence on the development of the territorial community. Each city uses them in its own way, contributing to the development of economic development strategies and the development of various sectors of urban infrastructure. The purpose of this article is to determine the general features and mechanisms of property management of the territorial community in Ukraine and abroad. Results. The article highlights the problem of distribution of property rights and property management between local authorities and local governments. The views of modern researchers on the objectives of joint management and the problems of its control are considered. The role of local taxes in the formation of local budgets abroad is emphasized. The importance of a simple and objective way of estimating the value of real estate and an appropriate electronic database for filling local budgets through local taxes is highlighted. The analysis of financial and economic activity of local governments in different countries is carried out. The strategic goals of reforming the economic activity of the authorities have been set. The functions of replenishment of local budgets are systematized. The peculiarities of filling city budgets in Ukraine are taken into account. Conclusions. To expand the range of sources of replenishment of local budgets, the need to attract additional investment in the economy of the region is justified, an important tool is "regional marketing". Although this form of replenishment of treasuries is quite risky in Ukrainian conditions, it is necessary for the autonomy of local communities.

Problematic issues of intellectual property rights protection in sports

mportant, given the growing commercialization of this area. The article considers the main institutions of intel-lectual property law and current methods of protection of intellectual property rights related to sports. Problematic issues of protection of copyright and related rights by primary and derivative subjects of copyright are analyzed, with potential copyright infringement of other property owners. The peculiarities of the distribution of property rights for different types of broadcasts of sports competitions are considered. Problematic issues of combining several objects of intellectual property law in audiovisual works at the same time, namely objects of patent law, trademarks and trade names, are investigated. Sports photography is considered separately as a special subspecies of copyright, which has its own specifics to improve the quality of the accompanying effect for sports competitions. Emphasis is placed on increasing the number of patent law objects in sports, namely utility models and industrial designs. Attention is paid to the use of objects of patent law in sports activities in other areas of society. Attention is paid to expanding the number of means of individualization of participants in civil turnover, goods and services. This is reflected in the increase in the registration of not only trademarks associated with sports organizations, but also with personal trademarks of athletes. Different types of trademarks that can be used in sports are considered: verbal trademarks, pictorial, combined, sound. The peculiarities of the use of other objects of intellectual property, such as know-how, are considered. It is concluded that the legal approaches to the use and protection of intellectual property rights in the digital age and the formation of these objects as one of the key assets in the activities of sports organizations, which should improve the quality of sports products at all levels.

Faith and Property Rights: Discussion on the Legality of Virtual Identity and Property Rights Distribution

This article combs through many documents on property rights analysis in recent years, discusses existing property rights analysis from three dimensions: the shaping mechanism of property rights, the existence form of property rights, and the social nature of property rights, revealing the endogenous and outreach of the rules of property rights Evolution mechanism. And from the perspective of typology, it interprets the intersubjectivity of the construction of property rights and the legal role of virtual identity in the distribution of property rights, and points out that property rights are not only a lubricant for social stability, but also an accelerator for national economic development. The article points out that this duality of property rights is manifested in the collusion of power and authority in terms of legitimacy, and abstracted into the interweaving of ideology and social belief in terms of rationality. It plays an important role in the distribution and protection of rights. Although existing research usually regards property rights as the basic concept of economics, they cannot ignore the social, political, and legal process of property rights. Therefore, the discussion of the legality of virtual identity in the distribution of property rights is the main reason to understand the process of property rights realization and also an important concept for analyzing the relationship between social beliefs and property rights.

THE LEGAL REGULATION OF INTELLECTUAL PROPERTY RIGHTS OBJECTIVES OF SCIENCE PARKS: PROBLEMS AND THE WAYS OF SOLVING THEM

Today there are some problems of intellectual property regulation during the process of projects implementation in science parks. At the same time, employees of universities and research institutes have not any interest to collaborate with science parks and other innovative structures that operated there. Authors of new technologies and scientific developments try to commercialize results of scientific researches outside their institutions.In this context, the process of intellectual property rights commercialization needs for legal regulation for such innovative structures. The article identifies and analyzes the problems of projects implementation of science parks as well as offers to solve them by change the current legislation.The author has developed proposals for improving the national legislation on legal regulation of science parks in Ukraine. The article provides an analysis of the current legislation and the judicial practice concerning the legal relations in the field of activity of science parks in Ukraine.The article also discusses the amount of remuneration for the authors of the technologies that are used in the functioning of science parks in Ukraine. The author also pays attention to the analysis of functioning of science parks in Ukraine through the lens of intellectual property rights.The author pays attention to the issue of intellectual property commercialization during the functioning of scientific parks and points to the need for legal regulation of the process of commercialization of intellectual property rights objects created in such innovative structures.The author also emphasizes that in the absence of a proper agreement on the distribution of property rights, such rights to the result of intellectual activity created in the framework of the implementation of the project on the basis of the employment contract are equally owned by the worker and the scientific park.

ALGORITHM AND CRITERIA FOR SELECTION OF INVENTIONS IN THE SPHERE OF NATIONAL SECURITY AND DEFENSE

The importance of intellectual property in the development of weapons and military equipment is considered. The creation of systems and models of weapons and military equipment is performed using a large number of different intellectual property rights, especially inventions. In such circumstances, intellectual property objects, in particular inventions and technologies based on them, which determine the new quality of weapons and military equipment, can generate significant profits for the enterprise when used and affect national security and defense, must be under close state control. Some of them may be very important for national security and defense, that is, socially necessary and, therefore, they can be alienable. However, there is no decision at the state level: whether intellectual property rights are needed. If such rights are needed, which ones and how to select them. Therefore, there are many about intellectual property in the field of intellectual property. These issues are crucial when used in armaments and military technology or in other areas of national security. The legal regulation of the distribution of property rights of participants in the process of development of weapons and military equipment — authors of objects related to services, intellectual property rights, their employers (enterprises of the defense-industrial complex, the state on behalf of state customers) is not clearly defined and not defined. Another problem is that the law does not explicitly specify the mechanism for the forced alienation of private property objects, which include intellectual property rights. In order to develop it, it is necessary to first consider the possible algorithm for justifying the list of inventions and the need for their extraction in the interests of national security and defense, as well as to determine the criteria by which the selection will be made. The criteria for substantiating the list of inventions and the need for their removal are specific, which is determined at first by the main purpose and features of the process of creating systems and samples of weapons and military equipment. Expert assessment methods for the selection of inventions that may be relevant to national security are discussed. An algorithm and criteria for the selection of inventions that can significantly affect the field of national security and defense are proposed.

Multifunctionality in fisheries and the provision of public goods

Multifunctionality is characterized by two key elements: the existence of jointly produced multiple commodity and non-commodity outputs (NCOs), and that NCOs exhibit the characteristics of public goods externalities. The term “multifunctionality” is almost not used outside agriculture. However, several issues discussed in fishery literature and in international contexts clearly refer to public goods provision and joint production. The key point is to recognize if fisheries, similar to agriculture, provide other (public) benefits beyond their primary food supply function. The paper establishes a theoretical framework for the classification and valuation of multifunctionality in fisheries, and outlines policy options to increase (through multifunctionality) social welfare. NCOs include: ecosystem- and biodiversity-related NCOs, other environmental public goods/bads, cultural heritage and coastal viability, coastal employment externalities, food security, and strategic benefits. The main NCO characteristics to be analysed are the degree of jointness between commodity outputs and NCOs, and the distribution of property rights over fish stocks and NCOs. Policy options to increase social welfare include, among others, command and control schemes, market based instruments (e.g., payment for ecosystem services), and marine protected areas. Customary marine tenure institutions, or other modern fishery organizations, may represent a framework for the communitarian provision of NCOs. Fishery subsidies, which can because of overfishing, are justified if they allow increasing social benefits, given by the sum of catch and NCOs value. Particularly, incentives may be necessary to support small-scale fisheries or other less efficient technologies.

Whose right to manage? Distribution of property rights affects equity and power dynamics in comanagement

Whose right to manage? Distribution of property rights affects equity and power dynamics in comanagement

FUNCTIONS OF THE CONTRACT BETWEEN THE CO-AUTHORS OF WORKS OF SCIENCE

The article deals with the issue of the functional roles of the contract concluded between the co-authors of works of science. In particular, it has been found out that the contract between the co-authors of works of science performs regulatory, initiative, program-coordinating, informative, warranty and protective functions. The detailed description of these functions is provided. Special attention is devoted to regulatory function of the contract, concluded between the co-authors of works of science. From the analysis of numerous researches it is revealed that for the time being, the market conditions, regulatory function of the contract is crucial and primary, and all others derived from it. On the basis of the current legislation of Ukraine it is known that under the law the co-authors have the right to adjust their relationships, which are not regulated, in the contract. It has been determined that the agreement between the co-authors is to organize and coordinate their actions aimed at distribution of property rights and the use and disposal of these rights and the joint work of science. The author emphasizes that the concluded contract of work of science is the only means of legal regulation of their relations. The analysis of the initiative functions of the contract between the co-authors of works of science has been done. It has been found out that such a contract is an act of collective expression of the initiative authors of the work of science and implementation of discretionary. It has been concluded that co-authors independently decide whether they conclude the contract, and the issue of its form and content. The program-coordinating and informative functions of the contract between the co-authors have been characterized. It is established that the contract is organizing internal relations and co-coordinated efforts of scientific, but also serves as a specific program for them. Based on case studies of contractual practices it has been clarified that the contract between the co-authors of works of science contains information on rights and obligations for both parties and the third ones. The existence of the guarantee function concluded between the co-authors of works of science and its reasons have been examined. The conclusion about the necessity of specifying the contract conditions, grounds and means of co-responsibility in external relations to the third parties has been done. In addition, for enhancing the research, the author suggests taking into consideration the provisions on the conditions, grounds and facilities of co-responsibility to each other in the contract. The characteristic of the protective function of the contract between the co-authors of works of science has been done. The legal position of the higher courts has been analyzed. On the basis of jurisprudence the protective function of the contract between the authors of works of science has been established.

The special features of legal regulation of public-private partnership in Russia

The article analyses special features of legal regulation of public-private partnership (PPP) in Russia nowadays. The European experience of legal regulation is studied including the special features of contract relations in public-private regulation and the relations connected with the related to the distribution of property rights, costs and risks of the state and private actors. In Russian legislation PPP is considered as a way of way of attraction of business to creation of public goods. Despite the fact that Federal Law № 224-FL “On Public-Private Partnership, Municipal-Private Partnership in the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” consists legal bases of public-private partnership, practice shows that many questions are not regulated yet. On the example of the public-private partnership in innovation sphere it is showed that the problems of delineation of powers of the federal center and subjects, the mechanisms of long-term financing, the absence of the concept of the development of the PPP, and some problems of the system of public administration seems to be real difficulties. The improvement of the legal regulation of PPP and of the ways of financing and crediting of the PPP projects, the improvement of tax and tariff regulation, formation of legal bases and institutes of commercialization of results of innovations are proposed as possible decisions of the named problems.

Consuming for the Sake of Others: Whose Interests Count on a Market for Animal-Friendly Products?

Many Europeans are concerned about the living conditions of farm animals because they view animals as beings that possess interests of their own. Against this background the introduction of an animal welfare label is being intensively discussed in Europe. In choosing a market-based instrument to take these concerns into account, normative judgments are made about the formation of preferences, the value system that is implicitly assumed, and the distribution of property rights. From the perspective of classical institutional economics it can be shown that the introduction of a label as an institutional change does not redefine institutions in a way that allows them to consider the interests of animals for their own sake. Rather, the label only redefines the property rights that humans have over animals. The market segregation into privileged and normal animals conflicts with the idea of equality between sentient animals. Within the group of humans only the interests of those who act on markets count. The commodification of their moral concerns assumes that people always decide based on their own interests, which can be traded off. The lexicographical ordering of preferences, which occurs when humans view animals as entities with rights, is not compatible with the normative assumptions of markets. Furthermore, interpreting animal suffering as market failure that can be corrected by labeling impedes a reasoned dialog within the society about the values and beliefs that serve as a basis for preference formation. Thus, an animal welfare label cannot replace a fundamental societal debate about legal standards on animal well-being.

Informality, property rights, and poverty in China’s “favelas”

In this study of households living in informal settlements in three principal Chinese cities, we analyze the associations between informality, property rights, and poverty. We propose that informality can be understood in terms of property rights (presence/absence, strength, completeness, and ambiguity). Drawing on the property rights (entitlements) theories of Sen, de Soto, Ostrom, Alchian, and Coase, we refine a list of property rights effects that can be tested empirically. Using a household questionnaire survey of 1,208 respondents from a representative sample of 60 urban villages in Beijing, Shanghai, and Guangzhou, we use robust regression models to detect statistical relationships between household performance on six poverty domains as a function of four property rights domains, controlling for income, human capital, and other influences. We find evidence for what we call Sen effects and de Soto effects. Our models show that some property rights are associated with lower poverty indicators. But we also find evidence to show that the absence, weakness, or ambiguity of property rights also reduce poverty indicators on particular domains, through what we assume to be a substitution effect. Informal settlements permit poorer household to live at lower costs than is usually, or officially, acceptable, and thus spend more on other welfare-enhancing expenditures. The distribution of property rights determines the size, distribution, and impacts of these trade-offs and shapes the economic and social performance of informal settlements.

State Capitalism, Chinese‐Style: Strategic Value of Sectors, Sectoral Characteristics, and Globalization

Scholarship on the institutional foundations of Chinese‐style capitalism emphasizes the impact of liberal reformers and China's participation in international organizations, devolution of economic decision making and local experimentation, and the proliferation of market actors to explain their origins. This article investigates distinct patterns of sectoral variation in market governance in China today, examining the extent and scope in which dominant forms of market coordination and distribution of property rights reflect variation in national goals of economic power, security, and growth; structural sectoral attributes; and the path‐dependent effects of institutional arrangements. The reinforcement of state coordination and the dominance of state ownership and shareholding in strategic industries, such as telecommunications, and the relinquishment of state control and the dominance of market stakeholders in nonstrategic sectors, such as textiles, characterize the rise of bifurcated capitalism in the period before and after China's accession to the World Trade Organization.

Mechanisms of Global Governance: Economic Analysis

The coordination of economic activity at the global level is carried out through different mechanisms, which regulate activities of companies, states, international organizations. In spite of wide diversity of entrenched mechanisms of governance in different areas, they can be classified on the basis of key characteristics, including distribution of property rights, mechanisms of governance (in the narrow sense according to O. Williamson), mechanisms of expansion. This approach can contribute not only to classifying existing institutions but also to designing new ones. The modern aggravation of global problems may require rethinking mechanisms of global governance. The authors offer the universal framework for considering this problem and its possible solutions.

Could Payments for Ecosystem Services Create an "Ecosystem Service Curse"?

Payments for ecosystem services (PES) have received much praise and are increasingly perceived as a promising tool to ensure the protection of global ecosystems as well as being able to help alleviate poverty in areas rich in ecosystem services. Given current trends, the scale of payments is likely to grow, creating new circumstances within which ecosystem services will be managed. In this dynamic context, following a precautionary approach, one should focus on establishing systems to handle the risks involved. Based on an analogy to resources that have long been included in the system of market transactions, we suggest that the rapid development of PES can negatively influence regional and potentially national economies. Resource revenues are highly correlated with economic problems in poor countries that are not able to use those revenues to ensure sound development. Problems similar to those that affect resource-rich countries may emerge in the case of economies rich in ecosystem services once PES increase in spatial and monetary scale. The most prominent examples of such problems include rent seeking, unequal bargaining power of buyers and sellers, volatility of payments, which are all related to the quality of institutions. To ensure the long-term positive impacts of PES, such systems should be carefully designed paying particular attention to distribution of property rights and transparency, decentralization of revenues, and capacity building to ensure further development opportunities.

Forest Fights and Forest Rights: Working Forests as a Strategy for Reducing Tensions in New York State

The politics of forest land use are rooted in two tensions: how land is used, and whose interests are represented in land use decisions. We analyzed the potential of a large-scale New York State “working forest” land transaction to navigate these tensions. We reviewed the distribution of property rights outlined in management plans, and interviewed representatives from environmental groups, public agencies, timber interests, and local communities. We found alignment between designated land uses and the ecological and socioeconomic goals expressed by diverse interviewees. We interpret this as a relaxation of tensions, reflecting the embrace of socioeconomic issues by conservation organizations and the benefits of investing in local outreach. Our analysis highlights how this public–private transaction successfully navigated the political economy of forest management, yet the durability of such arrangements remains unclear. We identify a need to study the motivations and interests underlying the integration of socioeconomic considerations into contemporary conservation.

On the road through the Bolivian Amazon: A multi-level land governance analysis of deforestation

Previous studies have shown that collective property rights offer higher flexibility than individual property and improve sustainable community-based forest management. Our case study, carried out in the Beni department of Bolivia, does not contradict this assertion, but shows that collective rights have been granted in areas where ecological contexts and market facilities were less favourable to intensive land use. Previous experiences suggest investigating political processes in order to understand the criteria according to which access rights were distributed. Based on remote sensing and on a multi-level land governance framework, our research confirms that land placed under collective rights, compared to individual property, is less affected by deforestation among Andean settlements. However, analysis of the historical process of land distribution in the area shows that the distribution of property rights is the result of a political process based on economic, spatial, and environmental strategies that are defined by multiple stakeholders. Collective titles were established in the more remote areas and distributed to communities with lower productive potentialities. Land rights are thus a secondary factor of forest cover change which results from diverse political compromises based on population distribution, accessibility, environmental perceptions, and expected production or extraction incomes.