Property Rights and Climate Change explores the multifarious relationships between different types of climate-driven environmental changes and property rights. This original contribution to the literature examines such climate changes through the lens of property rights, rather than through the lens of land use planning. The inherent assumption pursued is that the different types of environmental changes, with their particular effects and impact on land use, share common issues regarding the relation between the social construction of land via property rights and the dynamics of a changing environment.
Making these common issues explicit and discussing the different approaches to them is the central objective of this book. Through examining a variety of cases from the Arctic to the Australian coast, the contributors take a transdisciplinary look at the winners and losers of climate change, discuss approaches to dealing with changing environmental conditions, and stimulate pathways for further research. This book is essential reading for lawyers, planners, property rights experts and environmentalists.
1.1 Changing environmental conditions, property rights and land-use planning
Fennie van Straalen
2 Part 1. Impacts in changing contexts
2.1 Climate change induced property re-evaluation in agrarian contexts
2.2 The challenges with voluntary resettlement processes as a need under changing climate conditions
3 Part 2. Theoretical notions
3.1 18th century property rights for 21st century environmental conditions?
Harvey M. Jacobs
3.2 Climate change and property rights changes
4 Part 3. Information and land values
4.1 To reveal or not to reveal? The impact of mapping environmental conditions on property rights in Taiwan
Tzuyuan Stessa Chao
4.2 Costs and benefits: Why Economic quantification in hazard mitigation policy threatens culture in coastal Louisiana
4.3 Redistribution of property rights in response to climate change in Ghana, West Africa
Godfred Seidu Jasaw
5 Part 4. Formal rules
5.1 Formal Instruments to Address Environmental Changes and Property Rights
Jesse J. Richardson, Jr.
5.2 The role of judges in using the common law to address climate change
Peter A. Buchsbaum
6 Part 5. Financial responsibility
6.1 Climate Change, Coastal Erosion and Local Government in New South Wales, Australia: Old and New Law and Old Bar
Dr Andrew H Kelly
6.2 Property rights for insurance markets to enable adaptation to natural disaster risks
W.J. Wouter Botzen
7.1 The social construction of changing environmental conditions
Fennie van Straalen
Real Property Rights are central to the global economy and provide a legal framework for how society (be it developed or customary) relates to land and buildings. We need to better understand property rights to ensure sustainable societies, careful use of limited resources and sound ecological stewardship of our land and water. Contemporary property rights theory is dynamic and needs to engage thinkers who are prepared to think outside their disciplinary limitations.
The Routledge Complex Real Property Rights Series strives to take a transdisciplinary approach to understanding property rights and specifically encourages heterodox thinking. Through rich international case studies, the goal of the series is to build models to connect theory to observed reality, informing potential policy outcomes. This series is both an ideal forum and reference for students and scholars of property rights and land issues.
Video interviews with the series authors and editors can be viewed here: https://www.youtube.com/channel/UCm6WmSmaP8spLX0GlFRiSjw