The function of property in creating an effective legal regime for trade in environmental offsets


Autoria(s): Maguire, Rowena
Data(s)

01/07/2009

Resumo

Market-based environmental regulation is becoming increasingly common within international and national frameworks. Environmental offset and trading regimes are part of the market-based instrument revolution. This paper proposes that environmental market mechanisms could be used to introduce an ethic of land holder responsibility. In order for market based regimes to attract sufficient levels of stakeholder engagement, participants within such scheme require an incentive to participate and furthermore need to feel a sense of security about investing in such processes. A sense of security is often associated with property based interests. This paper explores the property related issues connected with environmental offset and trading scheme initiatives. Relevant property-related considerations include land tenure considerations, public versus private management of land choices, characteristics and powers associated with property interests, theories defining property and the recognition of legal proprietal interests. The Biodiversity Banking Scheme in New South Wales is then examined as a case study followed by a critique on the role of environmental markets.

Formato

application/pdf

Identificador

http://eprints.qut.edu.au/26088/

Relação

http://eprints.qut.edu.au/26088/2/26088.pdf

http://www.nzcel-conf.auckland.ac.nz/

Maguire, Rowena (2009) The function of property in creating an effective legal regime for trade in environmental offsets. In New Zealand Centre for Environmental Law Conference 2009, 16-18 April 2009, University of Auckland.

Direitos

Copyright 2009 please contact the author

Fonte

Faculty of Law; Institute for Sustainable Resources; School of Law

Palavras-Chave #180111 Environmental and Natural Resources Law #Property Rights #Land tenure #Environment #Biodiversity Banking Scheme New South Wales #Landholder obligations
Tipo

Conference Paper