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