Regime Of Property Rights Research Articles

The lack of property rights can make natural disasters worse: The case of small-scale fisheries in Chile

Developing countries tend to suffer the most from natural disasters, but the mechanisms underlying this outcome are poorly understood. In this paper, I study one of the potential mechanisms behind this pattern: the lack of strong and well-defined property rights for renewable resources. Using fisheries as an example, I examine how different property rights regimes dictating who has access to the resource could determine the overall exposure, as well as the cost of the rebuilding paths that fishers follow after a natural disaster. Using small-scale fisheries in Chile as a case study, I show that fisheries operating in common access are on average more exposed and also follow costlier recovery paths after the tsunami that hit the country in 2010. This paper contributes to the ongoing work on the economic impact of natural disasters and provides an argument for further study of how institutional regimes can be also understood as potential adaptation strategies.

The Diplomacy of Immigration Restriction in U.S.-Mexican Relations

The study of U.S.–Mexican relations in the post-revolutionary period has long been dominated by what Linda Hall aptly summarized as “oil, banks, and politics.”1 With the military phase of the Mexican Revolution concluded, Mexican leaders spent the 1920s and 1930s rebuilding state and nation under the sign of the revolutionary 1917 constitution, which extended a range of new rights to workers and peasants and radically redefined property rights as vested not in the individual, but in the nation. That new property rights regime and Mexico’s default on its foreign debts put post-revolutionary leaders on a collision course with capitalist interests in the United States that, in important ways, structured the diplomatic relations of the time. As oil companies, mining interests, bankers, and bondholders in the United States pressured their government to protect their interests south of the border, successive U.S. administrations had to decide how they would contend with...

Evolutionary Perspectives on the Commons: A Model of Commonisation and Decommonisation

Commons (or common-pool resources) are inherently dynamic. Factors that appear to contribute to the evolution of a stable commons regime at one time and place may undergo change that results in the collapse of the commons at another. The factors involved can be very diverse. Economic, social, environmental and political conditions and various drivers may lead to commonisation, a process through which a resource is converted into a joint-use regime under commons institutions and collective action. Conversely, they may lead to decommonisation, a process through which a commons loses these essential characteristics. Evolution through commonisation may be manifested as adaptation or fine-tuning over time. They may instead result in the replacement of one kind of property rights regime by another, as in the enclosure movement in English history that resulted in the conversion of sheep grazing commons into privatized agricultural land. These processes of change can be viewed from an evolutionary perspective using the concepts of commonisation and decommonisation, and theorized as a two-way process over time, with implications for the sustainability of joint resources from local to global.

Ответственность за хищение безналичных денежных средств и цифровой валюты в странах англосаксонской и континентальной системы права

The domestic legislator improves the criminal law norms based on, among other things, foreign experience. In this regard, the author considers the approaches of foreign countries to the definition of the subject of property crimes in general and its «digital variants» in particular. The approaches of some foreign countries (Great Britain, USA, Germany, Austria, Spain, France, Poland) to the establishment of criminal liability for the theft of non-cash funds and digital currency are analyzed.
 Based on the analysis, the author concludes that in the legislation of foreign states of the Anglo-Saxon and Romano-Germanic systems, the subject of property crimes is defined through the category of «property». In England and the USA, property in general (including non-cash funds and cryptocurrency) can be the subject of any property crimes. In the countries of the continental system (in particular, in the Federal Republic of Germany, Austria, France), within this group of crimes, a subgroup of criminal acts that encroach only on things (for example, theft) is distinguished. It seems that in the domestic criminal law it is also necessary to single out a group of property crimes, which will include crimes against property. Accordingly, in order to solve the problem of the inconsistency of the title of Chapter 21 of the Criminal Code of the Russian Federation with its content, since the norms of this chapter protect not only objects of property rights (in particular, property rights), but also property rights (claim rights, etc.) that make up the content of obligations relations . It is proposed to clarify the title of Chapter 21 of the Criminal Code of the Russian Federation, heading it «Property Crimes» (taking into account the studied foreign experience). Thus, non-cash funds, which are not things and which are subject to the civil law regime of property rights, are more logical to recognize as the subject of 2property crimes», and not crimes against property.

Property rights play a pivotal role in the distribution of ecosystem services among beneficiaries

ABSTRACT Property rights are fundamental institutions that set the rules for who is allowed to use, manage, and control natural resources. Though the literature on property rights over natural resources is well developed. However, our understanding of the ways by which property rights govern actors’ ability to obtain ecosystem services provided by these natural resources remains under-explored. Using the Adirondack Park, USA, as a case study, we develop a framework that pairs property rights theory with spatial analysis to show who can obtain ecosystem services across this landscape. We look at rights over three ecosystem services: timber, drinking water and recreational fishing. We show that property rights combined with ecosystem service flow affect who can receive ecosystem services, and where, across the landscape. Our results demonstrate that property rights can play a pivotal role in who can obtain ecosystem services across landscapes. However, more work is required to model the supply and flow of ecosystems services, and to connect these to property rights to fully capture the interactions occurring between property rights and ecosystem services, and how they influence who can obtain these services. This paper contributes to the literature by showing how property rights influence who the potential beneficiaries of ecosystem services are under different property rights regimes.

Characteristics of litigated patents in weak intellectual property rights regimes: Evidence from China

Characteristics of litigated patents in weak intellectual property rights regimes: Evidence from China

Restoration heralds’ new management challenges for coral reefs

The allocation and management of spatially-bound property rights is a central policy instrument used in the management of natural resources in high-income, especially western nations. In such nations the establishment of strong property rights regimes is considered to be one of the main factors attributing to the advancement of western nations during the last two centuries. Such rights feature attributes including exclusivity, transferability and enforceability for rights-holders. The design of these packages of rights are tied to specific types of assets or land and sea uses. Therefore, as uses change, the specifics of the package of rights often change in response. The activity of coral reef restoration is expanding rapidly in response to the continued loss of coral cover, health and condition of the world’s coral reefs. Therefore by definition, as this activity increases globally the management regimes used to govern coral reefs will in many cases need to adapt to this increasing activity. It is therefore expected that increasing calls to strengthen rights-regimes will begin to occur as many reef restoration activities, despite mostly occurring in low-income nations, are led from or by entities from high-income and mostly western nations who are accustomed to strong rights-based management. However, management approaches in many low-income nations that host coral reefs are often based on more customary and traditional management instruments. Therefore, communities hosting increased reef restoration activities need to consider very carefully how best to manage these activities as they increase in order to avoid unwanted and unintended consequences of the imposition of governance and management instruments widely used in the western world.

Global sources of credibility: production integration, international institutions, and private property rights in authoritarian regimes

AbstractAn important field of the political economy literature examines the mechanism of property rights commitments in authoritarian regimes where formal political constraints are absent. While many of the existing studies focus on how domestic autocratic institutions shape the formation of property rights regimes, this paper takes an open-economy approach and examines the compound effect of global economic integration and intergovernmental organizations (IGOs) on property rights protection in authoritarian regimes. We propose that the domestic presence of foreign factors of production is positively associated with more credible property rights commitments in authoritarian economies. Moreover, this association is moderated by authoritarian regimes' participation in institutionalized IGOs, which enhance the organizational capacity of these foreign owners of production factors. Through the transnational networks of production integration, international institutions indirectly alter the domestic distribution of bargaining power between the authoritarian government and private economic actors, rendering the commitment to property rights protection more credible. An analysis of a panel dataset consisting of 105 authoritarian regimes yields preliminary evidence supporting our proposition.

Policy Lessons From Medical Responses to the COVID-19 Crisis

This article discusses the medical/therapeutical responses to the COVID-19 pandemic and their political economy context. First, the very quick development of several vaccines highlights the richness of the basic knowledge waiting for therapeutical exploitation. Such knowledge has largely originated in public or non-profit institutions. Second, symmetrically, there is longer-term evidence that the private sector (essentially big pharma) has decreased its investment in basic research in general and has long been uninterested in vaccines in particular. Only when flooded with an enormous amount of public money did it become eager to undertake applied research, production scale-up and testing. Third, the political economy of the underlying public-private relationship reveals a profound dysfunctionality with the public being unable to determine the rates and direction of innovation, but at the same time confined to the role of payer of first and last resort, with dire consequences for both advanced, and more so developing countries. Fourth, on normative grounds, measures like ad hoc patent waivers are certainly welcome, but this will not address the fundamental challenge, involving a deep reform of the intellectual property rights regimes and their international protection.

Impact of stronger intellectual property rights regime on innovation: Evidence from de alio versus de novo Indian bio-pharmaceutical firms

We examine the impact of a stronger intellectual property rights (IPR) regime through the adoption of Trade-Related Aspects of Intellectual Property Rights (TRIPS) on innovation by Indian firms in the bio-pharmaceutical industry. We find that differences in the IPR regime at the time a firm was founded led to subsequent differences in firms’ propensity to innovate and their nature of innovations. Building on institutional change theory, we argue that firms created under the pre-TRIPS regime, which we refer to as de alio firms, have a lower propensity to innovate and have a focus on process innovations. De novo firms, which are firms created under TRIPS, have a greater propensity to innovate and have a focus on product innovations. Further, we study how international technology alliances have helped Indian bio-pharmaceutical firms to overcome their limitations arising due to institutional imprints and to improve their innovation capabilities. Data on 164 Indian bio-pharmaceutical firms from 1995 to 2018 is used to empirically test our hypotheses.

Public Model of Intellectual Property Management for AR4D-Systems (Agricultural Research for Development)

The paper attempts to define the trends of the intellectual property (ІР) management in the framework of an agrarian economy. The object of the investigation are the controversies of intellectual property relations in the systems of agricultural research for development (AR4D-systems) that testify to the difficulties in ІР management. Taking into account a global trend of changing the correlation of private and public interests to the benefit of the latter in terms of managing intellectual property in AR4D-systems, the paper aims to develop a comprehensive model of intellectual property public management (that guarantees fair balance of interests) and to clarify how to evaluate the integral efficiency of such model. The theoretical basis of the study were existing analytical investigations of the intellectual property policies (conventional policy standard; open innovation policy; mixed policies of combining intellectual property rights regimes). The main obtained result of the study is a general concept of the comprehensive model of intellectual property public management for the AR4D systems based on 5 managing clusters. The integral efficiency monitoring of the proposed model was tested on the example of Ukraine with the help of the methods of multicriteria optimization of the vector criterion. The results show that the integral efficiency of the Ukrainian model is higher than average, but it can be increased by improving the tools of the information and communication support cluster and the cluster of organizational and technical assistance and capacity building such as the availability of the mobilization fund, the availability of the specialized electronic credit and investment platforms, the level of awareness of the users, the number of users of the system's electronic services. The practical value of the obtained results is their strategic impact on a sustainable development policy.

Dimensions of Urban Blight in Emerging Southern Cities: A Case Study of Accra-Ghana

Urban blight functions inversely to city development and often leads to cities’ deterioration in terms of physical beauty and functionality. While the underlying causes of urban blight in the context of the global north are mainly known in the literature to be population loss, economic decline, deindustrialisation and suburbanisation, there is a research gap regarding the root causes of urban blight in the global south, specifically in prime areas. Given the differences in the property rights regimes and economic growth trajectories between the global north and south, the underlying reasons for urban blight cannot be assumed to be the same. This study, thus, employed a qualitative method and case study approach to ascertain in-depth contextual reasons and effects for urban blight in a prime area, East Legon, Accra-Ghana. Beyond economic reasons, the study found that socio-cultural practices of landholding and land transfer in Ghana play an essential role in how blighted properties emerge. In the quest to preserve cultural heritage/identity, successors of old family houses (the ancestral roots) do their best to stay in them without selling or redeveloping them. The findings highlight the less obvious but relevant functions that blighted properties play in the city core at the micro level of individual families in fostering social cohesion and alleviating the need to pay higher rents. Thus, in the global south, we conclude that there is a need to pay attention to the less obvious roles that so-called blighted properties perform and to move beyond the default negative perception that blighted properties are entirely problematic.

Legal Framework for Reproductive Biological Material

The paper is devoted to the study of the legal nature of reproductive biological material and determination of the optimal legal regime of germ cells (oocytes, sperm) and tissues of human reproductive organs intended for reproduction purposes. It is noted that the reproductive biomaterial is not a thing, since it does not have the characteristics inherent in this legal category, and needs a special legal regime. The extension of the regime of ownership of the germ cells and tissues of human reproductive organs is unacceptable neither from the position of the current legislation, nor from the perspective of its development prospects. An analysis of the legal opportunities provided by the legislator in relation to reproductive biomaterial, as well as the procedure for their implementation, led to the conclusion that neither the persons from whom it comes, nor medical organizations can be recognized as its owners. The regime of property rights is not suitable for ensuring and protecting the interests of participants in public relations arising in connection with the use of reproductive biomaterial. It is proved that in relation to the germ cells and tissues of the reproductive organs, the interest of a person is not in acquiring actual and legal domination over them as such, but in acquiring or, on the contrary, not acquiring parental rights and obligations in relation to a child born as a result of their use. It is concluded that the designated interest should be mediated not by a real, but by a reproductive right.

New space property age: at the crossroads of space commons, commodities and competition

PurposeIn the absence of a clear property rights regime in outer space, commodification might bypass several legal considerations and instill a regime through customary practice, which could collide with international space law ethics, and thus, erode the corpus juris spatialis. The purpose of this paper is to find a way to prevent such an erosion.Design/methodology/approachThrough an interdisciplinary review of the literature pertaining to space law, space property rights, economic goods, resources and commodities, this paper explores potential solutions to prevent further fragmentation of the corpus juris spatialis when confronted with the elusive transnational lex mercatoria dynamics and potential commodification of the space ecosystem.FindingsThis paper explores solutions to prevent this outcome through decentralized frameworks ranging from polycentric governance to a new “space antitrust” regime. Polycentric governance could prove very useful to address the plurality of space property rights and their complexity while space antitrust would not be precluded to intervene in a commoditized space market. Commodities benefited in the past from a certain antitrust immunity, however, due to globalization, technological development and deregulation, commodities have become more competitive, and therefore, the immunity is being gradually overturned.Originality/valueThis paper explores the benefits of unlocking antitrust potential forces into channeling, hand in hand with polycentricity, the development of the space ecosystem in light of international space law ethics. “Space antitrust” could become a discipline per se and better resonate with non-traditional stakeholders in the space sector in a context of commercialization and commodification of resources. Today, benefit-sharing causes debate among spacefaring nations in terms of property rights. However, it could be enforced through competition law dynamics.

The right to move and the right to exclude: Ilya Somin and ‘foot voting’

The right to move and the right to exclude: Ilya Somin and ‘foot voting’

How property rights influence equity, efficiency and sustainability of high-altitude rangeland management in Bhutan

This paper explores how property rights arrangements affect the equity, efficiency and sustainability of high-altitude rangeland management in Bhutan from the perspectives of rangeland users. Property rights affect how natural resources are allocated to individuals, communities and institutions and how they are managed. In Bhutan, only grazing rights are granted to rangeland users, as ownership of rangeland lies with the State. Three case study areas were selected across Bhutan with different levels of rangeland degradation, governance arrangements and property rights regimes. Semi-nomadic yak herders, sedentary livestock farmers and government officials participated in 40 semi-structured interviews and nine focus group discussions between 2013 and 2014. Findings revealed that historical inequities exist with private leases and some communal leases, but government-supported leases with management rights are considered more equitable. All property rights systems can become unproductive and inefficient with increasing populations, but communal areas are at greater risk of sub-optimal resource use and conflicts. Respondents were concerned about the lack of management rights, uncertainty over future lease arrangements and climate change impacts. This research revealed that (i) assignment of incomplete property rights is detrimental to efficient and sustainable natural resource management; (ii) banning of traditional practices such as burning, clearing and cutting of shrubs and bushes could undermine conservation by triggering natural resource degradation; (iii) granting of management rights in the bundle of rights is vital to encourage provisioning and maintenance activities; and (iv) in the absence of official contracts, deeds or titles which provide tenure security and political legitimacy, equitable distribution, clear boundary demarcation with written norms and rules are not sufficient to foster long-term investment in provisioning and maintenance activities. We discuss the implications of the findings for delayed implementation of the Land Act 2007 aimed at a more equitable redistribution of use rights and improved high-altitude rangeland management in Bhutan.

IPR Regime and Antitrust Implications of Mergers and Acquisitions: With a Focus on Software and Pharmaceutical Sector

This article seeks to analyze the trends and patterns of mergers and acquisitions (M&As) during the Trade-Related Intellectual Property Rights regime and addresses the antitrust issues related to innovation and competition in the framework of competition policy. Empirical evidence supports the view that enhancing size in terms of corporate control of equity, product market share, and innovation market share could be the motivations for the M&A phenomenon in the sector such as software and pharmaceuticals. These sectors were able to extract relatively more profit margin as compared to the manufacturing sector. This article further observes anticompetitive practices in terms of pricing and abuse of dominance in these two industries. The study argues for introducing regulatory mechanisms in the competition policy which could address the antitrust implications of M&As that are engaged in by knowledge-based firms and start-ups. This is because such acquisitions can reduce the incentives to innovate or change the innovative and competitive dynamics in the relevant market.

Intellectual property and essential medicines in the COVID-19 pandemic

Global justice theorists have widely discussed how the international intellectual property rights regime (i.e., the TRIPs regime of the World Trade Organization) makes it more difficult to achieve the goal of universal access to generic (and more affordable) vital COVID-19 treatments (including potential COVID-19 vaccines). This article argues that while patents can impose certain barriers to universal access to generic COVID-19 treatments, the TRIPs regime itself is an integral part of an equitable global solution to the pandemic. More specifically, it argues that article 31bis of the TRIPs, in allowing for a cooperation strategy predicated on complementary importing and exporting of vital COVID-19 generic treatments, is key for successful pandemic suppression. By providing a normative interpretative analysis of article 31bis in light of the ethical requirements of global justice, and by responding to possible objections to its core argument, this article substantiates the ideal of multilateral solidarity among nations. In times of crisis—not only a crisis of global public health, but also a crisis of multilateralism—this complementary cooperation strategy that article 31bis allows for shows a way forward in upholding the global common good that the international legal order seeks to safeguard.

Do property rights in waste and by-products matter for promoting reuse, recycling and recovery? Lessons learnt from northwestern Europe

Within the context of concurrent global waste and resource crises, there is significant interest in promoting circular economies. One of the identified ways to facilitate greater circularity is through replicable practices of industrial symbiosis, where industries and other organizations exchange waste and by-products resulting in economic, environmental, and social benefits. This paper investigates the role of a particular critical legal mechanism – property rights – in enabling industrial symbiosis by drawing on the experiences of waste and by-product exchanges within three industrial symbiosis case studies located in Kalundborg (Denmark), Peterborough (United Kingdom), and Rotterdam (the Netherlands). In order to determine whether property rights are incentives, facilitative mechanisms, barriers, or opportunities, the Schlager-Ostrom taxonomy is applied. Case findings evidence that different property regimes can have facilitative effects on circularity within industrial symbioses. There is thus no absolute support presumed in favor of one particular property rights regime over others; property regimes are flexible and hence allow for case specificity.

Dasar-Dasar Pemikiran Perlindungan Hak Kekayaan Intelektual

Basically, humans are born with different intellectual abilities in processing their thougths and produce somethingfrom that thought. Therefore, it is important to provide protection for the results of thought through the intellectual property rights regime. However, in practice there are still many cases where the intellectual property of a person or agroup or a legal entity is used without prior permission. This juridical normative research examines fundamental thoughts for the protection of the results of one's thinking which is called intellectual property rights. There are several thoughts which become form the basis for protecting intellectual property rights; they are the natural right protection to reputation that has been built over a long time and quite high cost and also as a form of compensation and encouragement for people to create or find something.With the basic ideas behind the protection of IPR, the protection provided will be maximized, and the results of one's thinking will be more respected, both moral rights and economic rights