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ENVIRONMENT AND THE CONCEPT OF PROPERTY

Rose

Fall 1999

 

Readings

WEEK 1. ENVIRONMENT AS A PROBLEM OF PROPERTY (OR LACK THEREOF)

a. The commons problem: some examples

Marlise Simons, Indian Ocean Coral Reefs Ravaged by Mining

Tennesen, Poaching, Ancient Traditions, and the Law

b. The Classic Theories

Hardin, The Tragedy of the Commons

Townsend & Wilson, An Economic View of the Tragedy of the Commons

RECOMMENDED: Gordon, The Economic Theory of a Common Property Resource: The Fishery

c. Property possibilities

Hanna, Folke, & Maeler, Property Rights and Environmental Resources

 

WEEK 2. OVERCOMING THE COMMONS--VARIETIES OF PROPERTY REGIMES

a. Individual property

Demsetz, Toward a Theory of Property Rights

Sugden, The Economics of Rights, Cooperation and Welfare

b. Managed common property regimes

Acheson, The Lobster Gangs of Maine

Rose, Riparian Rights

c. Regulatory hybrids

Dales, Pollution, Property and Prices

 

 

 

 

 

 

WEEK 3. HISTORIC USE OF PROPERTY RIGHTS IN ENVIRONMENTAL MANAGEMENT--HUNTING

a. Ownership and Aqualification@ regimes

Kirby, The English Game Law System

Lund, British Wildlife Law Before the American Revolution

b. The Economics of private vs. public management

Lueck, The Economic Nature of Wildlife Law

c. Modern regulatory property (& possibilities)

U.S. Duck Stamp Act

Williams, No Dogs Allowed

Bonner, Crying Wolf

REREAD (from Day 1) Tennesen, Poaching, Ancient Traditions etc.

 

WEEK 4. PROPERTY RIGHTS AND POLLUTION CONTROL

a. Economic incentives, pro and con

REREAD (from Day 2) Dales, Pollution, Property and Prices

Ackerman & Stewart, Reforming Environmental Law

Dao, A New, Unregulated Market

b. Distributional issues

Shabecoff, Cost-Sharing on Acid Rain

Ayres, miners= story

Burtraw, Compensating Losers when Cost Effective Environmental Policies are Adopted

RECOMMENDED:

Libecap, Contracting for Property Rights, with materials for Week 8

c. Extending the concept--Greenhouse Gas emission reductions

Sedjo, A Global forestry Initiative

Kriz, After Argentina

 

 

 

 

 

 

 

 

 

 

 

WEEK 5. THE EXTENSION OF THE MODEL: FISHING QUOTAS

a. Individual Transferable Quotas (ITQs)

Tipton, Protecting Tomorrow=s Harvest

Godsell & Thompson, Issues Surrounding the Gulf of Mexico Red Snapper Fishery . . .

Food chain article

John J. Van West, Ecological and Economic Dependence in a Great Lakes Community-Based Fishery

Fujita & Hopkins, Testimony of EDF on Individual Transferable Quotas

[RECOMMENDED: Greenpeace, Statement on Individual Transferable Quotas]

b. The hidden issue of Asustainabilty@

Townsend & Wilson, An Economic View of the Tragedy of the Commons (continuation of article for Day 1)[SKIM TO P. 321]

Stevens, Biologists Fear Sustainable Yield is Unsustainable Idea

c. Tradition-Based Alternatives?

Berkes, Indigenous Knowledge and Resource Management Systems [THIS WILL ALSO BE FIRST READING FOR NEXT WEEK]

[d. RECOMMENDED: Fish farming alternatives

Parks & Bonifaz, Nonsustainable Use of Renewable

Resources: Mangrove Deforestation and Mariculture in Ecuador

Gujja & Finger-Stich, What Price Prawn?

 

WEEK 6. PROPERTY, ECOSYSTEM PRESERVATION AND INDIGENOUS PEOPLES

a. Indigenous management practices: environmentally sound?

REREAD Berkes, Indigenous Knowledge and Resource Management Systems [with Week 5 materials]

Carrier, Marine Tenure and Conservation in Papua New Guinea

b. Local incentive systems

Gadgil & Rao, Designing Incentives to Conserve India=s Biodiversity

McKibben, Nature Without People?

c. Involving outsiders

Sedjo, Property Rights, Genetic Resources and Biotechnological Change

Simpson, Biodiversity Prospecting

CPR Forum on international investment (IASCP)

[RECOMMENDED Breckenridge, Protection of Biological and Cultural Diversity]

[RECOMMENDED: Charles Zerner, Through a Green Lens: The Construction of Customary Environmental Law and Comunity in Indonesia=s Maluku Islands]

WEEK 7. REGULATORY FORM [We may not do this, or we may do it at a different time]

Tripp & Dudek, Institutional Guidelines for Designing Successful Transferable Rights

Programs

Rose, Property in the Global Environmental Commons: Comparing Newfangled Tradeable Allowances to Oldfashioned Common Property Regimes

Center for Private Conservation: Roundtable: The Common Law Approach to Pollution Prevention

[RECOMMENDED: Merrill, Explaining Market Mechanisms]

 

WEEK 8. ENVIRONMENTAL MANAGEMENT, TRANSITIONS, AND TAKINGS

a. Stakeholders

Knetsch, The Endowment Effect

Libecap, Contracting for Property Rights

b. Compensation as Transition Management

Lucas v. S. Carolina Coastal Council

Archibald v. The Queen

Yandle, Cuyahoga Revisited

LaGrasse, Anti-Environmental?

Rose, AProperty Rights and Responsibilities@

 

WEEK 9. Reprise: The Ethics of Environmental Property

Schelling, Prices as Regulatory Instruments (note questions at end)

Resources for the Future, Symposium: How Useful is Environmental Economics?

Rose, Environmental Faust Succumbs to Temptations of

Economic Mephistopheles

Young & McCay, Building Equity, Stewardship and Resilience into Market-Based Property-

Rights Systems


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