Private Property Rights Research Articles

Property Rights versus Environment? A critique of the coalition government’s approach to the reform of the Resource Management Act

The coalition government in New Zealand intends to repeal the Resource Management Act 1991 and replace it with new legislation ‘based on the enjoyment of private property rights, while ensuring good environmental outcomes’. This article considers the real possibility that the government is intending to place a theory of absolute private property rights at the centre of the new system. It argues that any policy that assumes private property rights should confer absolute rights on owners is a mischaracterisation of those rights and the law of private property. Making policy on a myth of absolute property rights is unlikely to result in good environmental outcomes.

The spontaneous provision of criminal law

AbstractFor decades, non-state actors have supplied criminal law in Brazil’s favelas. This paper offers a humanomics account of the private provision of an impure public good. Our analysis reaches three conclusions. First, criminal law can be provided without either public intervention or reliance on the price system. Informal norms may be sufficient, indicating that Adam Smith’s invisible hand logic extends beyond legal markets grounded in private property rights and governed by well-defined prices. Second, a common sense of propriety, a key aspect of the humanomics approach, may not always be context-free. One’s environment may shape the precise objects of propriety. Third, spontaneous legal orders can be robust to agent type.

Legal and Practical Implications of Digitizing the Slovakian Cadastre: Challenges and Opportunities

Background: Acquiring ownership rights to real estate in Slovakia is complex and frequently encounters hurdles. The formal procedures governing this process can be stringent, resulting in challenges when transferring ownership rights. This article critically evaluates the obstacles and potential advantages as the Slovakian Cadastre shifts towards a digital system. The authors also explore the scope of contractual freedom and governmental intervention in acquiring property rights alongside recent challenges encountered by the digitalized system under both Slovakian and European law. The study analyses the theoretical framework guiding decision-making by Slovak administrative authorities in cadastral proceedings, underscoring the critical role of formal legal procedures in ensuring legal certainty and stability. Additionally, the research underscores the importance of accurately registering changes to property rights within the digitalized real estate registration system to uphold the integrity and transparency of title records. Methods: The research follows a qualitative methodology, employing various qualitative methods, including historical description and analysis, in-depth document analysis, inductive method, comparative analysis, and case studies rooted in legal theory, administrative law and property law. It may utilise conceptual frameworks like legal certainty and stability to inform its examination. The methodology may not involve empirical data collection or statistical analysis but rather a critical examination of the existing legal framework and theoretical perspectives. Results and conclusions: Acquiring ownership rights to real estate in Slovakia is a complex process hindered by discrepancies between registered and actual property statuses, outdated maps and inaccuracies in parcel boundaries. The lack of clarity and precision significantly affects legal certainty and private property rights. In response, the Office of Geodesy, Cartography and Cadastre has proposed a comprehensive amendment to the Cadastral Act, aiming to update the classification of land, regulate electronic submissions, and simplify application processes. However, the proposed amendment may restrict public access to information contained in the Cadastre, which could negatively impact the exercise of property rights and the right to freely access information.

Indigenous vs. Peasants’ rights? Lhaka Honhat v. Argentina and the role of the Inter-American Human Rights System in communal interethnic conflicts

This article presents a socio-legal analysis of the Lhaka Honhat case, a decades-long territorial dispute between Indigenous communities and peasant settlers (criollos) in the Northern Argentinian Province of Salta. This is the first case in which the Inter-American Court of Human Rights confronted the normative implications of interethnic communal conflicts. The court was called to apply human rights standards to resolve conflicting land claims between two similarly impoverished rural groups. The judgment compelled Argentina to protect the right to land of Indigenous communities and to relocate hundreds of criollo settlers, while incorporating some exceptional provisions that indirectly recognized the vulnerable situation of the criollo population. We argue that this decision opens a third wave in the jurisprudential evolution of Indigenous rights cases before the Inter-American System. Initially, the court focused on protecting Indigenous land rights vis-à-vis powerful interests. The second wave registered cases where Indigenous land claims were brought against the encroachment of other non-Indigenous groups holding private property rights. In this third wave, the court would confront the challenge of protecting Indigenous land while also recognizing other modes of property and livelihoods. The article describes this evolution and discusses the implications both for international jurisprudence and local communities.

The Cape Town Convention and Private Enforcement of Property Rights in Public International Law

This paper, based on a presentation at the 11th Conference of the Cape Town Convention Academic Project, explores the relationship between private property rights and public international law and also some of the challenges of enforcing the Cape Town Convention in the event of non-compliance of states.

Don’t forget institutions: a review essay of The Economics of Prosperity

AbstractExchange, division of labor, technology, capital accumulation, and entrepreneurship all contribute to economic growth. In The Economics of Prosperity, Ritenour explains how each of these concepts allow countries to develop and flourish. This book attempts to provide an extensive survey of Austrian literature surrounding development, while still preserving the author’s opinions around debated issues such as the person and function of the entrepreneur. Ritenour also takes the institution of secure private property rights as a given. This paper argues that strong private property rights must precede any discussion of exchange and specialization, particularly because exchange presupposes ownership. The ruler or ruling elites have to concede some power and uphold a strict rule of law to protect private property rights. Additionally, this paper also extends the discussion to cultural and institutional factors behind innovation and economic development, instead of relying on the Weberian work ethic to explain the Industrial Revolution. In short, economic growth requires good economic principles.

Re-visiting copyright: is there a way to tackle selective enforcement and non-contextual algorithmic takedowns? A discussion through the lens of internet meme culture

ABSTRACT Internet memes, a bourgeoning form of communication, resemble accessory elements of language. However, internet memes are conceptually complex. Their collective re-creative process relies heavily on copying underlying works, usually without asking for prior-permission from their rightsholders. Internet memes challenge core copyright assumptions on reasons of re-creation and modes of exploitation. Without a fundamental rethink of this mismatch, internet meme culture may be threatened. Going forward, copyright reforms should be holistic and distinguish between traditional and newer forms of re-creative processes. This article proposes that existing copyright can be flexibly interpreted to limit private property rights of underlying works and meme variations when they are used as internet memes, so as to facilitate their adaptation and support socio-cultural discourse. This article proposes a two-step holistic interpretation: copyright can conceptualise and confer limited rights for underlying works and meme variations when they are copied and re-used as internet memes. Copyright can also conceptualise a narrower scope of property rights by flexibly interpreting a combination of fundamental notions, including joint authorship, fair dealing, idea-expression, or user rights. This holistic approach sits comfortably with user-creators and their blurry cultural production-consumption patterns, alongside their nuanced (non)economic use of internet memes.

Features of performing parental duties under French family law

In the paper the author conducted a scientific study of the peculiarities of the performance of parental duties under the family law of the French Republic. It is noted that the French Civil Code uses the concepts of "parental authority" and "parental authority" to define the set of personal non-property and property rights of parents in the legal relationship between parents and children. French family law defines parental authority as a set of rights and obligations aimed at ensuring the best interests of the child. Parental authority belongs to the parents until the child reaches the age of majority or emancipation, for the purpose of protecting the child, ensuring the protection of his safety, health, protection of private life and his morality, ensuring his education and development, provided that the child is involved in making decisions related to exercise of parental authority, in accordance with the degree of maturity and age of the child; it cannot be carried out with the use of physical or psychological violence against the child. The main requirements for the exercise of parental authority (parental authority) by French family law are the proportionality of its exercise by each parent in accordance with the capabilities of each parent and the needs of the child); their joint implementation by both parents, unless otherwise established by a court decision in family matters; the emergence of parental rights and obligations on the basis of marriage and the birth of a child in it or within a year after the dissolution of the marriage, on the basis of a joint statement or a court decision in family matters; their termination in case of recognition of the father or mother as incapable, deprivation of parental rights or death; changing the conditions of their implementation by one of the parents is subject to prior and timely informing of the other parent and agreement with him. French family law defines the possibility of transferring (delegating) parental authority to a third party, a family member or trusted relative, a childcare facility or a departmental service for children at the request of the parents, a person, an institution or a service where the child is (while transferring (delegating) is not subject to the right of parents to consent to the adoption of a minor child). According to the French Civil Code, such management is carried out jointly by both parents, and in the case that parental authority is exercised by one of the parents - by the parent who exercises it.

Understanding the Local Complexities in Land Law Reforms: The Case of Land Inalienability in Ethiopia, 1991–2018

Abstract Postcolonial governments often restrict the market alienability of land rights for various policy reasons. One policy aims to treat all citizens equivalently and safeguard vulnerable social communities equally, as an unrestrained land market could allow one affluent social group to buy out one that is less affluent. Another policy is to set a standard that is easy to apply in the same way in every case, as a bright-line rule banning land alienation is simpler to administer than a standard that requires case-by-case considerations. Today, in Ethiopia, such laws face opposition from proponents of a free market economy and private property rights. Thus, international development institutions and influential Ethiopians are spearheading an ambitious reform to Ethiopia’s post-socialist law that bans land alienability, arguing that the law has impeded social and economic progress. This article shows, however, that the legal ban has never prevented land transfers. Many people have utilized legal constructs such as gifts, bequests, loans, and leases to sell their land. Such transfers have circumvented the ban amidst aggressive land expropriation by the state and other agents. These intricate local and national dynamics undercut the misleading sense of regularity created by the inalienability law, raising serious questions about the persistent demand by international development institutions to privatize land rights and create land markets through law reform without paying close attention to the lived experiences at the local level.

The fate of encumbrances upon the termination of private property rights of persons associated with unfriendly countries in the Republic of Crimea

The fate of encumbrances upon the termination of private property rights of persons associated with unfriendly countries in the Republic of Crimea

Implications Related To Regulation On Corporate Social Responsibility In Indonesia (Study on Law No. 40 of 2007 on Limited Liability Company and Law No. 25 of 2007 on capital investment)

Good corporate governance has 5 main principles: openness, accountability, accountability, independence, and equality. Although Law Number 40 of 2007 concerning Limited Liability Companies does not explicitly regulate it, the values of the principle are contained in it. One important principle is accountability, which includes corporate social responsibility (CSR). CSR is the company's commitment to contribute to sustainable economic development by paying attention to economic, social, and environmental aspects. Law No. 40 of 2007 and Law No. 25 of 2007 require the implementation of CSR for companies, but there are vagueness and differences in the definition and scope regulated. This raises problems related to discrimination and potential violations of private property rights of companies. In general, CSR arrangements in Indonesia are still not detailed and clear, especially related to intersections with regional interests and social responsibility to the community. Clarity of arrangements is needed so that CSR can be implemented properly and provide benefits to companies, local governments, and surrounding communities. The problem in this study is the implications caused related to the Regulation on Corporate Social Responsibility in Indonesia and how the form of social responsibility and the form of Corporate responsibility in Indonesia related to the Regulation on Corporate Social Responsibility in Indonesia. This type of research is Normative legal research. The method of approach uses legislative and conceptual approaches. Data sources come from primary and secondary legal subers. The results of this study show that the implications arising related to the regulation on Corporate Social Responsibility in Indonesia, in the UUPT regulation on Corporate Social Responsibility are unclear and overlap with other related laws and regulations. Not all companies related to natural resources carry out social and environmental responsibility, because there is still a perception that the allocation of Corporate Social Responsibility is not mandatory, and in its implementation there is no good control from the government, and there are no firm sanctions for companies that do not channel Corporate Social Responsibility. The form of social responsibility and the form of Corporate responsibility in Indonesia related to the Regulation on Corporate Social Responsibility in Indonesia can vary, depending on the needs and priorities of the company and the surrounding community. Corporate Accountability that implements CSR is needed to hold stakeholders accountable. The form of accountability can be: CSR report: a report that explains the CSR activities that have been carried out by the company, the impact that has been achieved, and the obstacles faced. CSR audit: an independent audit to ensure that CSR activities have been carried out in accordance with established standards and policies. Dialogue with stakeholders: open dialogue with stakeholders to obtain input and suggestions related to CSR implementation.

Penyelesaian Sengketa Terhadap Hak Guna Bangunan Atas Tanah Milik Orang Lain

The purpose of writing this article is to explain the issues that often arise in conflicts over building use rights over private property rights. The abstract talks about efforts to resolve disputes. The National Land Agency (BPN) offers non-litigation through mediation services or through other dispute resolution channels. Land ownership is the main issue in the dispute resolution process. Land ownership certificates are a strong source of evidence, but can be revoked if the opposing party has stronger proof of ownership.

Elite persistence in Sierra Leone: What can names tell us?

Is elite persistence weaker in Africa than in other parts of the world, given historical barriers to intergenerational inheritance of status, such as limited private property rights and frequent economic and political crises? In the absence of linked intergenerational data, we use name analysis to address this question. Using surnames associated with two Sierra Leonean elites, Krio descendants of settlers and members of chiefly lineages, we measure elite persistence in politics, education and business since 1960. Both groups were highly overrepresented in elite positions at independence, and remain overrepresented today. Benchmarking our results against other countries shows that Sierra Leone's educational elites are as persistent as elsewhere, but elite persistence in the political sphere is lower than in the United Kingdom, our main comparator. We also show marked path dependence: chiefly descendants remain more overrepresented in politics and mining, while the Krio are highly over-represented in education and the professions.

Cultural dissonance: heritage protests and their implications for heritage-making in settler colonial cities

ABSTRACT Heritage-making’s intrinsic dissonance has been thoroughly established in the field of critical heritage studies, and yet it is a reality that continues to be obscured in heritage practice in settler colonial cities. Authorised heritage discourse continues to project existing state-led systems of heritage-making as a self-evident ‘public good’ for current and future generations. In settler colonial cities, this increasingly includes attempts to incorporate Indigenous views and values into its framing. However, existing statutory processes that uphold normative approaches prove resilient to change. Continued prioritisation of tangible artefact amid private property rights impairs the heritage field’s ability to acknowledge alternative possibilities and to genuinely engage in decolonising transformation. This paper examines three cases where heritage dissonance has erupted into protest and protection action outside of the authorised heritage discourse: the Old Swan Brewery in Perth, Western Australia; Ihumātao in Auckland, New Zealand; and the West Berkeley Shellmound in Berkeley, California. It analyses the contestation of values that led to protest action, what ‘authorised’ attempts were made to heritagise each case and to what result. In so doing, the paper demonstrates how existing processes of statutory heritage-making continue to be inadequate for Indigenous and emerging heritage aspirations.

The contradicting state of urban housing and neoliberal policy in India: a macro analysis

The paper evaluates the adaptation of neoliberal policies in the Indian urban housing policy sector. While completing the objectives of this paper, the article also appraises the expression of neoliberalism as it unfolds in the literature. Neoliberalism is considered a loose set of philosophical, institutional, and political principles to safeguard individual and collective freedom like private property rights, goods and services exchange, movement of capital and labor, etc. Neoliberal policies promote open markets and trade to unbound creative potentials and entrepreneurial skills through efficient utilization of resources and upbringing of human well-being. In a neoliberal regime, cities compete to attract talented people, capital, and resources to achieve newer economic and social benchmarks. However, the constant pursuit of excessive achievements lets some negativities grow within. Large-scale inequality, deprivation, social unrest, and meager quality of life affect the sustainable and holistic development of seemingly most developed cities worldwide. Referring to literature from social sciences, urban planning, and development studies, this paper focuses on the consequences of neoliberalism and its impact on urban housing in India.

Research on the Constituent Elements of Regulatory Collection

Regulatory expropriation refers to that although the government did not make a clear expropriation and requisition of the citizens 'private property, but due to the needs of public interests, the citizens' private property rights are restricted to a certain extent and should give appropriate compensation. At present, there is no relevant law on regulated expropriation in China, but due to the substantive use of land by administrative organs, the damage to the rights and interests of the regulated persons and the disputes increase. But in judicial practice, the court's judgment has reflected the constitutive elements of regulatory collection, clear regulatory collection should have the purpose of the public interest, the fact of impaired rights, control process, fair compensation of the four elements, absorb the kernel of the typical case, and promote the judicial application, safeguard the interests of the individual.

“Land Without Identifiable Ownership” in the Post-East Japan Earthquake Recovery: Lawful Land-Grabbing in Neoliberal Japan

AbstractThis paper, with a focus on the status of tsunami disaster victims affected by the 2011 East Japan Earthquake, investigates into the status of private property rights in facing with the reviving legal instrumentalism in Japan, under the campaign of land law reform for the elimination of “land without identifiable owners” in the name of facilitating the disaster recovery, by means of the “special zone” method or the designation of lawless areas where the normal time law is excluded, with the particularly targeted area for such exclusion being the constitutional requirements of due process and fair compensation in public taking. Under the extraordinary setting of absolute majority of conservative party at the National Diet in the aftermath of the 2011 great disaster, legislations in Japan during this decade have been characterized by a manifestation of neo-liberal policy, driving the entire Japanese legal system into a corner. Facts observed in present Japanese society are not different from those observed in other authoritarian regimes in Asia, including the phenomenon of “land grabbing” by the governmental projects, which Asia once experienced a century ago for the colonial land enclosure by “wasteland management.”

Regulatory islands: a case study in tactical community zoning

Despite the clear environmental and economic benefits of denser forms of housing, the ability to construct such housing remains elusive. Restrictive zoning policies and local coalitions of Not in My Backyard activists make the construction of dense housing within established neighbourhoods a near impossibility in jurisdictions throughout the United States. The purpose of this article is to illustrate how architects might leverage community coalition building and the critical interpretation or ‘hacking’ of local zoning ordinances to realise dense, infill housing projects even within otherwise highly conservative policy environments. Using Pier Vittorio Aureli’s history of settlement form and property rights as an initial contextual framework, the article outlines how infill housing might adopt an alternate view of housing development, subverting the primacy typically assigned to individual private property rights and financial speculation. Sited on an infill lot within one of Lincoln, Nebraska’s older neighbourhoods, the project relies on a non-normative, strategic implementation of a Community Unit Plan zoning mechanism to enlist neighbourhood support and establish higher levels of allowable density. This, in combination with the implementation of a Community Land Trust, allows the project to introduce a greater quantity and diversity of housing types that offer possibilities for home ownership, affordable rental opportunities and even temporary or supportive housing in areas historically dedicated solely to single-family housing models. Ultimately, the significance of the project rests not in its formal novelty but in its demonstration of an immediate and attainable means through which denser forms of housing might be realised.

Saving Scarce Species from Extinction through Free Enterprise

Clearly defined private property rights allow owners to calculate their profits and losses. Ownership, therefore, enables the rational allocation of scarce capital toward profitable ends. Production of biological organisms are not exceptions to economic calculation. If the present prohibitions on the mass production of rare living creatures were repealed, profit-seeking entrepreneurs might choose to mass produce so-called endangered species on a competitive market. Naturally, some of the resulting non-human, living pieces of private property might well trespass, attack, and predate on the properties of other enviropreneurs. Staving off extinctions through a free-market approach to declining biodiversity would require a new legal framework. Indeed, well-defined property rights in privately owned fauna and flora would become an essential lynchpin in the legalized market of rare animal and plant production. The author offers some starting points toward a laissez faire capitalist structure of property rights principles under the law to increase incentives toward greater production of commodifiable species.

PERLINDUNGAN HUKUM HAK DESAIN INDUSTRI KEKAYAAN INTELEKTUAL TERHADAP PENGRAJIN SONGKET BALI DI KLUNGKUNG, SEMARAPURA

Intellectual property protection is to provide legal protection for the ownership of public and private intellectual property rights, which is the basis of the development of the creative economy and makes an important contribution to the development of the country. As a developing country, Indonesia must be able to take appropriate steps to anticipate all changes and developments as well as global trends in order to achieve national goals. The purpose of this study is to determine the protection of Intellectual Property Rights for Songket Fabric Industrial Rights in Klungkung Village Bali and to find out the Registration of Intellectual Property Rights for Songket Fabric Industrial Rights The research method used is legally empirical, namely through the use of laws in terms of norms or Dassault Symphony and social reality, cultural, or Dassian. The results showed that Balinese songket cloth can obtain Intellectual Property Rights, especially Industrial Design Rights.