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Agenda 2000, Land Use, and the Environment: Towards a Theory of 'Environmental' Property Rights?

Lookup NU author(s): Professor Christopher Rodgers

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Abstract

Property rights are important for the delivery of new policy initiatives for the environment , as they underpin concepts such as environmental stewardship, compensation regimes and the design and implementation of environmental incentive schemes. This paper will consider new models for the legal regulation of property rights to promote both nature conservation and the wider goals of agri-environment policy within the common agricultural policy of the EU. Many of the changes introduced by Agenda 2000 have profound implications for property rights - for example, the establishment of good farming practice as a normative standard reflected in property rights. This has given rise to new types of property rule in the legal order, and these do not fit easily into accepted categories of legal property right. The new law of the CAP represents a move towards the greater use of property-management rules in the environmental regulation of land use This has been introduced in a limited way, primarily using administrative techniques of cross compliance and environmental land management schemes. This paper explores the implications of these changes for the theory of property rights, and will argue that a new theory of "environmental " property rights will require a radical extension of this philosophy and its integration into common law paradigms of property rights. If sustainability principles are to be implemented in the legal order for property rights this will involve a fundamental shift towards an explicit recognition of the stewardship duties and obligations of ownership as well as its benefits.


Publication metadata

Author(s): Rodgers CP

Editor(s): Holder, J., Harrison , C.

Series Editor(s): Freeman, M.D.A.

Publication type: Book Chapter

Publication status: Published

Book Title: Law and Geography

Year: 2003

Volume: 5

Pages: 239-259

Series Title: Current Legal Issues

Publisher: Oxford University Press

Place Published: Oxford, UK

Library holdings: Search Newcastle University Library for this item

ISBN: 9780199260744


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