Private Property Rights Research Articles

By the Book: Examining California’s Private Forest Regulations from the Perspectives of Family Forest Landowners

Private forest land policies in the U.S. differ by state and range from regulatory to non-regulatory. The state of California has a highly regulatory policy system to ensure sustainable forest management, and the state’s family forest landowners, who hold 20% of the state’s forests, navigate this regulatory system to achieve their management objectives. We conducted semi-structured interviews with 33 family forest landowners to better understand their perceptions of state forest policies, including the policies’ efficacy and how they impact landowner behavior. We found that participants voiced general acceptance of California’s forest policies, though they described significant concerns because of financial burdens and regulatory uncertainty. They had nuanced views regarding how the policies protect public trust resources and private property rights, suggesting that landowners’ public responsibilities and private rights are not always at odds.

General Provisions of Intellectual Property Rights in Ukraine

The article is devoted to the study of the general provisions of intellectual property law in Ukraine. The article notes that the importance of protecting property rights in the intellectual sphere has been growing rapidly in recent decades. A theoretical and practical understanding of the nature of intellectual property rights was carried out based on the analysis of current legislation and available scientific, methodical and journalistic materials. The list of laws that regulate activities in the field of intellectual property, both at the national and international level, is given. It is interesting to note that in Ukraine there are quite a lot of special legislative acts regulating the above activities. Attention is focused on the adaptation of Ukrainian legislation to the legal system of the European Union. International legal acts regulating the protection of intellectual property rights are given. Scientific and regulatory approaches to defining the concept of intellectual property rights are considered. It is established that this concept can be considered in two ways: objective and subjective. In an objective sense, in the legal literature, intellectual property law is considered as a system of legal norms that regulates homogeneous social relations in the field of intellectual property. In a subjective sense, the right of intellectual property is considered as personal property and non-property rights of natural persons, which according to the current legislation belong to the authors for the results of intellectual activity. Special attention is paid to the interpretation of the concepts of property and non-property intellectual property rights. Property intellectual property is the author's rights to the results obtained from his creative activity, similar to the property rights of those who create material objects with their labor (devices, devices, mechanisms, new information technologies, etc.). Non-property intellectual property rights are a set of moral, mental, rational, intellectual and other human rights, which by their nature cannot be alienated from the owner. A comparative analysis was made between intellectual property law and property law in general, and their relationship was also analyzed.

Reciprocity principle and private property rights in land: Coasean world is neither neoclassical nor capitalist

The “Coase theorem” states that in a zero-transaction cost neoclassical world society’s wealth is not affected by the allocation of liabilities rules. The “theorem” rests upon two fundamental premises: the first concerns Coase’s view of mutual causation of harm, namely the reciprocity principle, and the second refers to his understanding of private property as a bundle of use rights. However, when these two premises are specifically applied in cases of trespass to land, not only portray a blur picture of private property, but they also contradict the very nature of rights over property. Specifically, I am arguing that these two premises undermine the centrality of exclusion rights to the institution of land property, hence violate the de jure basis of these rights, as well their private nature. This is turn implies that Coasean world is a world where the prevalent idea of mutual causation of harm creates idiosyncratic and partial rather than standardized de jure private property rights in land. As such, this Coasean version of the world fundamentally breaks from the neoclassical view of the capitalist world, where the security and exercise of private property rights in land is a sine qua non condition for the working of the economic system.

Property Rights and Labour Relations: Explaining the Relative Success of Native Purchase Area Farmers in Southern Rhodesia, 1930–1965

In the 1930s the colonial authorities in Zimbabwe set aside geographical areas where Africans were allowed to purchase land. Despite having private property rights to land, a rare occurrence among Africans in colonial times, the performance of this group of farmers has rarely been investigated. In this article, we show that the average group of ‘native purchase’ farming households performed far better than the average African farmer in the native reserves. We do more, by offering one of the first explanations behind the ‘success’ of this group of farmers. We argue that the explanation for this is not that private property rights were more secure than other forms of land rights as argued in mainstream economics. The farmers who owned land performed better than those who did not because private property rights changed social relations in a wider sense of the term. Private property rights enabled the emergence of various forms of non-family labour relations including sharecropping and wage labour that the landowner could exploit to increase production.

Soviet Legacy of Vietnam's Intellectual Property Law: Big Brother is (No Longer) Watching You

AbstractHow did intellectual property (IP), a private right born out of European Enlightenment ideals, take root in Vietnam's socialist legal framework, and what influence does Vietnam's Soviet legacy still have on its IP law? The clandestine triumph of IP rights in Vietnam is remarkable, given the system's former propensity for collective ownership and limited private property rights. Vietnam's approach to IP rights has changed with economic liberalisation: while external pressure prompted the initial adoption of IP laws, national interest and global reputation enhancement are now driving the effort. At the height of communism in the 1980s and under Soviet domination, IP laws reflected socialist ideology and the characteristics of a command economy. Amid Vietnam's quest for technological advancement, the importance of patents has grown. However, public perceptions of the unreliability of the legal system to resolve IP disputes persist, pushing civil disputes towards the government rather than the judiciary. As Vietnam opened economically, its IP regime moved away from overt communism, but communist values are still implicitly incorporated in general principles. Today, adherence to free trade agreements, which require robust IP protection, is driving the modernisation of Vietnam's IP infrastructure.

The Content of the Institution of Civil–Legal Protection of Honor, Dignity and Reputation in Uzbekistan

In the article, the author analyzes the legal aspects of protecting the honor and dignity of a person in civil law. In particular, issues related to the protection of personal property rights in theory and practice, justifying the existence of controversial situations in the regulation of honor, dignity, business reputation as a legal category. The article provides an analysis of the existence of three conditions for the protection of honor, dignity and business reputation, and based on the relevant conclusions, offers are made.

Institutional Quality and Economic Growth: A Dynamic Panel Data Analysis of MICs and HICs for 2000–2020

ABSTRACT We investigate the dynamic impact of institutions on economic growth using a panel dataset of 77 countries, divided into MICs and HICs for the period 2000-2020. We critically examine the available institutional indices and construct three weighted indices from 20 indicators closely related to the meaning of the term ‘institutions’ as the ‘rules of the game’ defined by Douglas North. Next, we use the Generalized Method of Moments (GMM) to show that institutions significantly influence economic growth through investment and trade more than the total factor productivity channel. While the quality of the legal system and property rights and regulatory quality all positively and significantly influence output per capita, output gains from each unit of improvement in the quality of legal systems and protection of private property rights are comparatively higher than gains from a unit of improvement in the regulatory environment. An average MIC gains relatively more from improving its quality of legal system and property rights, whereas an average HIC benefits relatively more from each unit of improvement in its regulatory environment. The results from the Granger non-causality test demonstrate and unidirectional causality from institutions to economic growth in MICs but no significant causal relationship between institutions and economic growth in HICs

Ownership of Rights to Land Access to Citizen Perspective of Wahbah Az-Zuhaili

Everything that exists in the heavens and the earth including the land in the Islamic view belongs to Allah SWT. But God gives authority to humans to manage and own it. A person's ownership of land gives him the power to interpret it. Ownership in Islam consists of private and public property rights, but neither is absolute. Because, in every property owned by a person there are other people's rights. Thus, one's ownership of land must carry out its social function. However, there are cases of landowners blocking access to and from local residents' houses on the basis of property rights. The purpose of this research is to find out the factors causing the closure of access in and out of the road, how it is regulated in Indonesia and how the concept of ownership of land rights which is access in and out according to Wahbah az-Zuhaili. This type of research is empirical juridical using a case approach (living case approaach) and conceptual approach (conceptual approach). Data were collected by interview, observation and document study methods. Then the data is processed with qualitative methods. The results of this study indicate that the closure of access in and out of the road that occurred in Kampung Bukit Kota Padangsidimpuan violated the concept of ownership in the form of milkiyah rights where the concept of land ownership in Islam has limitations, not all assets can be owned individually (individually), one of which is assets owned by have public utilities including roads. In accordance with the opinion of Wahbah az-Zuhaili, that a person's penance for his property should not cause harm to many people.

Expropriation as a measure of corporate reform: Learning from the Berlin initiative

A citizens’ movement in Berlin advocates for the expropriation of housing corporations and has won a significant majority in a popular referendum in September 2021. Building on this proposal, this paper develops a general account of expropriation as a measure for corporate reform and thereby contributes to the ongoing debate on the democratic accountability of business corporations. It argues that expropriation is a valuable tool for intervention in a dire situation in some economic sector to enable a re-structuring of the governance of the assets in question. Compared with other tools available, expropriation is a more forward-looking, genuinely political measure that does not depend on the legal assignment of guilt but rather proceeds in a pragmatic and problem-oriented manner. It also allows us to reconsider in how far the market mechanism should be employed in the administration of assets. Objections from private property rights against expropriation fail as corporations generally are privileged, quasi-public institutions that can justifiably be subject to democratic interventions. Expropriation is thus an important addition to the arsenal of corporate reform proposals, especially for those concerned with a broad democratization of the corporation.

Shock me like a Hurricane: how Hurricane Katrina changed Louisiana's formal and informal institutions

Abstract Institutions matter for postdisaster recovery. Conversely, natural disasters can also alter a society's institutions. Using the synthetic control method, this study examines the effects that Hurricane Katrina (2005) had on the formal and informal institutions in Louisiana. As measures of formal institutions, we employ two economic freedom scores corresponding to government employment (GE) (as a share of total employment at the state-level) and property tax (PT). These measures serve as proxies for the level of governmental interference into the economy and the protection of private property rights respectively. To assess the impact on informal institutions, we use state-level social capital data. We find that Hurricane Katrina had lasting impacts on Louisiana's formal institutions. In the post-Katrina period, we find that actual Louisiana had persistently higher economic freedom scores for both GE and PT than the synthetic Louisiana that did not experience the hurricane. These findings imply that the hurricane led to a reduction in both PTs and GE, which indicates a decrease in the relative size of the public sector as a share of the state's economy. On the other hand, we find no impact on our chosen measure of informal institution.

Kant’s Hylomorphic Formulation of Right and the Necessity of the State

Abstract This paper argues against the common justification for the necessity of the state through the particular difficulty of private property right. Instead, I argue that the necessity of the state is internal to the concept of right in general. In order to show this, I point out how Kants adoption of hylomorphic language for the concept of right, where there is a formal and material aspect of right, allows us to understand the Rechtslehre as progressing through a syllogistic deduction from innate right (major), private right (minor) to public right (conclusion). Material right is made necessary through its subsumption under formal right in the civil condition.

Характеристика осіб, які вчиняють шахрайство відносно іноземця або особи без громадянства: міжнародне та національне законодавство

Since foreigners and stateless persons who stay in Ukraine on legal grounds enjoy the same rights and freedoms and bear the same responsibilities as citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine, foreigners and stateless persons who are under the jurisdiction of Ukraine, regardless of the legality of their stay, have the right to recognition of their legal personality and fundamental human rights and freedoms. In addition, the legal status of foreigners and stateless persons is based on the fact that foreigners and stateless persons who are legally in Ukraine enjoy the same rights and freedoms and bear the same responsibilities as citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine; foreigners and stateless persons are obliged to strictly observe the Constitution and laws of Ukraine, other regulatory legal acts, not to infringe on the rights and freedoms, honor and dignity of other people, interests of society and the state. Foreigners and stateless persons enjoy numerous economic rights and freedoms in Ukraine, and as subjects of private property rights, foreigners and stateless persons may also own, use and dispose of their property and the results of their intellectual and creative activities. They may own houses, apartments, personal items, means of production, funds, and are also subjects of freedom of entrepreneurship, the right to housing, and the right to an adequate standard of living. But it is also necessary to take into account that the most vulnerable to criminal offenses against them are foreigners (a person who is not a citizen of Ukraine and is a citizen (subject) of another state or states) and stateless persons (a person whom no state considers its citizen in accordance with its legislation), who may become victims of a criminal offense against property (for example, fraud) and criminal offenses of a different nature (fraud or breach of trust), so we Whereas, fraud (taking possession of someone else’s property or acquiring the right to property by deception or breach of trust) is a universal norm that covers any type of fraud and has an unlawful effect on the will and consciousness of the victim in the form of deception or breach of trust, whereas fraud is the concealment of certain information or communication of false information to the victim with the aim of misleading the victim (foreigner or stateless person), and breach of trust is the unfair use of trust by the victim (who are foreigners or stateless persons). Key words: fraud; stateless person; foreigner; criminal liability; deception; breach of trust.

Complex Systems of Property: Change and Resilience After a Catastrophic Disaster

Abstract This Article applies emerging literature on resilience in complex systems to institutional change in property rights systems. Complex systems theory provides an alternative to economic models that adopt assumptions of linearity in property rights transitions—where inputs such as rising resource values induce proportionate outputs in the formation of private property rights. Based on a case study of catastrophic disaster, the Article concludes that institutional change in a complex property system does not involve proportionate or predictable responses to sudden shocks in the external environment. The stochasticity of institutional change arises from acts of adaptive self-organization across multiple scales of proprietary governance. The “added value” of systems theory is a set of conceptual tools—such as scale, stochasticity, and self-organization—which help to explain resilience and change in property systems affected by sudden environmental shocks.

AYN RAND: QUESTIONS AND ANSWERS

<em>I pose a series of questions about Ayn Rand and her political-economic philosophy and attempt to respond to them. On most occasions my views are congruent with hers; but not on all of them. Why is it important that the views of this author be scrutinized? That is because, with her novels and non-fiction works, she had a wildly disproportionate effect on world public policy. She did more than pretty much anyone else on the planet to promote private property rights, free enterprise, and laissez-fair capitalism. Her main vehicle, her main contribution to the limited government philosophy was her 1957 book, "Atlas Shrugged" (which is still briskly selling, more than a half-century later). This novel tells the tale of the real contributors to the economy: not workers, but, rather, employers; businessmen, capitalists, inventors, and investors. We all know what happens when employees go on strike: there is vast chaos. This book is certainly the first, and perhaps, still, the only on to trace out what happens when entrepreneurs withdraw their labor. Spoiler alert: it is not pretty</em>.

The cost of buying land for protected areas in the United States

Buying land to establish protected areas is a common conservation strategy, particularly in countries with strong private property rights. Accurately accounting for spatial heterogeneity in land cost could lead to large efficiency savings when planning future acquisitions. However, lack of data regarding actual acquisition costs faced by conservation organizations has led planners to rely on more readily available proxies, such as agricultural land value. Using data on nearly 36,000 parcels acquired for conservation by public agencies and land trusts in the continental U.S., we built a model predicting protected area acquisition costs. While costs of land for agriculture or development are useful predictors of variation in protected area acquisition costs, they are not, by themselves, good approximations of those costs. For example, using a more comprehensive combination of variables, our model explained almost four times as much variation in actual acquisition costs as those. We found that agricultural land value loses most of its explanatory power once other predictors are used, confirming that it acts as a partial proxy for actual acquisition costs. We then used an optimization model to compare prioritization recommendations with our new cost estimates to those suggested when relying on agricultural land values alone. Locations of highest conservation return on investment shifted from coastal regions toward the country's center, when using actual cost data. Cost estimates used in conservation planning should be based on actual protected area acquisitions, because the type of properties and motivations of buyers and sellers differ from those of other land transactions.

Features of Acquisition of Agricultural Land Plots for Private Ownership in the Russian Federation

The article considers topical aspects of the acquisition of the right of private property in the Russian Federation for land plots of agricultural purpose under the mechanism of state support for agricultural producers. The importance of the topic is due to the agricultural land value, that plays a special strategic role in the state as the main means of food production, as well as being one of the guarantees of the development of the agricultural sector in the country. The number of privately owned agricultural plots is increasing every year. This is facilitated by the establishment in 2015 of an accessible and clear procedure for the acquisition of public land in private ownership. At present, there are sufficient cases of private ownership of land, taking into account the specific development of land rights in the post-Soviet period. In order to acquire agricultural land, the Act also provides for a preferential purchase price, which only facilitates the involvement in civil circulation of agricultural land. For all that, despite the positive dynamics of the conversion of land plots to private ownership, the volume of state and municipal ownership of land still significantly exceeds private ownership. It has been established that the State provides for various cases of acquisition of agricultural land for private ownership, subject to compliance with certain requirements of the current legislation. In practice, the authorized bodies and applicants must strictly comply with the requirements of the law, otherwise in the future in a judicial dispute their actions (omission) can be defined as abuse of the right, violation of freedom of competition and equal access to land, and the concluded contract may be invalidated.

IJTIMOIY TARMOQLARDA MUALLIFLIK HUQUQINI HIMOYA QILISHNING O‘ZIGA XOS JIHATLARI

Today, social networks have become one of the main platforms widely used by the population. Cases of copyright infringement on social networks also occur due to the speed of data exchange. The constitutional reforms carried out in Uzbekistan and the adoption of strategic documents aimed at the development of intellectual property testify to the relevance of copyright protection. As a result of the study, it was concluded that the conditions for recognizing content posted on social networks as an object of copyright in accordance with the legislation of the Republic of Uzbekistan are not separately established; copyright infringement through social networks can manifest itself as a violation of personal non-property rights and property rights; it is necessary to improve legislation in the field of informatization; attention should be paid to organizational and legal aspects, including the regulation of the relationship between the owner (administrator) and the user of the social network in the protection of copyright in social networks. Based on the results of this study, criteria for evaluating content as an object of copyright were developed, and a circle of subjects entitled to apply for protection in social networks was determined. In addition, it was justified that it is necessary to develop general rules governing the user agreement in social networks as well as to clearly define the issue of copyright compliance in them.

“The cost of doing business”: Private rights, public resources, and the resulting diversity of state-level forestry policies in the U.S.

In the U.S., the combination of federal, state, and local forest rules and programs create the policy environment in which private forest landowners manage their land, which in turn impacts the quality and conservation of ecosystem services produced. While previous studies provide overviews of forest policies impacting private landowners at moments in time, they lack the depth and perspective needed to describe the political context of forest policies, including the mechanisms underlying this diversity: the how and why of particular policies. This study fills that gap by utilizing interviews with policy experts from 12 case-study states to investigate the range of forest policies present in the U.S. We also explored the perceived trade-offs between protection of public trust resources and private property rights on private forest lands in their states, and the key actors (groups) influencing policy changes over time. Overall, the strong role of private property rights in the United States was consistent across case-study states, although most experts indicated a balance between protecting public trust resources and private property rights. The variability of policy tools employed among states suggests many avenues to achieve this balance, including policies that are created through market-based mechanisms rather than the state (i.e., certification). We also found that local-level regulations contributed to diversity and, at times, conflict and confusion within states. Finally, although landowner stewardship is not a policy tool, we found that states implicitly and explicitly relied on landowner knowledge and values to protect public trust resources, a strategy that some participants agreed fostered trust between the state and its private forest landowners.

An Egalitarian Case for Class-Specific Political Institutions

Political theorists concerned with ways to counteract the oligarchic tendencies of representative government have recently paid more attention to the employment of “class-specific institutions” (CSIs)—that is, political institutions that formally exclude wealthy elites from decision-making power. This article disputes a general objection levelled against the justifiability of CSIs, according to which their democratic credentials are outweighed by their explicit transgression of formal political equality—what I call the political equality objection. I claim that, although CSIs do not satisfy political equality fully, their exclusionary thrust is inter alia justified in virtue of the fact that they unfold against the background of badly ordered, class-divided societies. Parallel to recent arguments in nonideal theory arguing for the priority of the right to resist economic oppression over the protection of private property rights, access to the empowering properties of CSIs should take priority over the full satisfaction of formal political equality. Yet, I also claim that the justification of CSIs depends on their orientation toward overcoming class divisions because, otherwise, we might end up wrongly naturalizing those divisions—a conclusion that needs to be avoided to reply to the political equality objection. The result is, I believe, a convincing egalitarian case for the democratic justifiability of CSIs.

PROGNOSTICATION THE DYNAMICS OF THE DEVELOPMENT OF ORGANIZATIONAL AND TECHNOLOGICAL SYSTEMS

The article highlights an attempt to solve one of the most important problems of modern economic science – forecasting the creation and functioning of organizational and technological systems in domestic production. In the current military and economic conditions, the condition for the implementation of an innovative model of the development of the national economy through the functioning of organizational and technological systems in its industrial production is considered. The process of functioning of such systems consists of the continuous implementation of production cycles "money – technology – modern materials – production – sales". It is a feedback system and is described by differential equations. Non-linearity leads to the emergence of similar structures and their hierarchical construction. Since the capabilities of any organizational and technological system are limited, that is, the coupling coefficients between the output and input signals in the feedback system are proportional to the output signal, then the organizational and technological system is a nonlinear dynamic system. Such systems are described by nonlinear differential or iterative equations. It was determined that the potential income, that is, the income associated with the elimination of the monopoly of the organizational and technological system, and the real income in the free market are mutually complementary quantities (analogous to the potential and kinetic energy of a physical system). According to the principle of additionality, states in which such quantities had precisely certain values today been impossible. It follows from the above that the economy with hired labor and private property is relatively free, and the Western model cannot be considered as the only one when choosing the ways of economic development of the country. Such a model is an economy based on a market free from monopolies. It should be based on protected private property and democratic right of disposal – share-based personalized financial leasing (rent). And since nonlinear systems are characterized by cooperative behavior of their elements, it is conceivably to call this type of economy as a system of civilized cooperators, that is, market socialism.