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Through an extended study of agricultural land use and policy, Natural Capital, Agriculture and the Law presents a comprehensive legal analysis of proposals for protecting natural capital stocks and the sustainable use of ecosystem services, critiquing the legal challenges in designing and operationalising a workable natural capital approach.Evaluating legal considerations at international, national and local levels, chapters canvas the challenges behind creating an optimal policy mix when shifting towards a natural capital approach, including entrenched private property rights and privacy and intellectual property concerns. Exploring the instruments necessary to support improved valuation and accounting for nature in the development of a natural capital framework, including digital technologies, regulation and market-based instruments, the book then considers the legal, technical and social barriers that impede their use. With an international outlook on environmental laws, trade rules and values, it concludes by arguing that operationalising natural capital governance requires designing and implementing legal and regulatory frameworks to support the identification, valuation, protection and restoration of natural capital.Global in scope, the book will prove invaluable for scholars of environmental and agricultural law, environmental economics and policy design. Identifying practical options for legal, regulatory and governance design, it will also be useful for governmental policymakers and environmental consultants.

Forensic Forestry: A Guidebook for Foresters on the Witness Stand is a one-of-a-kind, hands-on resource for those forestry and land use professionals called upon to work on legal cases and testify in court. Land use and forestry issues in the United States, in particular—and likewise around the world—have become increasingly contentious, scrutinized, and debated. There is little to suggest that conflicts over forestlands will cease in the near future, in fact, quite the opposite. There are already a number of informative books available on land use and forestry, and related issues under the broader heading of environmental science. As such, while this book will not go into these concepts in detail, if someone is already an expert in land use and forestry, this book will tell them the ins and outs of the legal system and how they can best serve to make a case, using evidence, in a court of law. Coverage addresses the necessary background, and legwork involved, in providing technical expertise for such cases to be adjudicated. Since professionals'expertise is often focused on ecological issues, chapters look at the economic factors and how money, policy, and corporate interests come into play—the crux of where the professional forester's ability to present evidence and expertise becomes critical.The author provides an overall understanding of the courts, and the legal process. Coverage includes recommendations to professionals working on cases—and in the courtroom—in how to present evidence and testify in cases over land use and forestland rights, forestry management and safety, criminal and civil cases in liability in forest fires—among myriad others. Key Features: A book by a professional for professionals in the field of forestry and those called to testify in cases of forest and wildfires, eminent domain, land disputes, tort, and liability cases Written in easy-to-read, non-technical jargon to provide tools to best serve as an expert witness and consultant to support attorneys in civil and criminal cases Details unique, real-world cases study examples, detailing how they were adjudicated based on evidence and testimony provided Presents a legal background into the court system, courtroom procedure, the types of legal cases as they relate to forensic forestry As such, Forensic Forestry is a welcome addition to those professionals called upon to consult on, and testify in, such cases including land use professionals, foresters and forestry managers, ecologists, environmentalists, environmental policy advocates, and those in related fields.

Landscape Citizenships, featuring work by academics from North America, Europe, and the Middle East, extends the growing body of thought and research in landscape democracy and landscape justice. Landscape, as a milieu of situated everyday practice in which people make places and places make people in an inextricable relation, is proving a powerful concept for conceiving of politics and citizenships as lived, dialogic, and emplaced.Grounded in discourses of ecological, environmental, watershed, and bioregional citizenships, this edited collection evaluates belonging through the idea of landscape as landship which describes substantive, mutually constitutive relations between people and place. With a strong international focus across 14 chapters, it delves into key topics such as marginalization, indigeneity, globalization, politics, and the environment, before finishing with an epilogue written by Kenneth R. Olwig.This volume will appeal to scholars and activists working in citizenship studies, migration, landscape studies, landscape architecture, ecocriticism, and the many disciplines which converge around these topics, from design to geography, anthropology, politics, and much more.

Capitalism and the Commons focuses on the political and social perspectives that commons offer, how they are appropriated or suppressed by capital and state, and how social initiatives and movements contest these dynamics or build their struggles on commoning.The volume comprises theoretical and empirical approaches that engage with three main themes: conceptualizing the commons, analyzing practices of commoning, and exploring commons politics. In their contributions, the authors focus on the development of anti-capitalist commons and explore the issue of practice and politics through case studies from Colombia, the Democratic Republic of Congo, South Africa, and Africa more broadly, Austria, Germany and South Korea, ranging from peri-urban and rural agriculture to urban commons and how they manifest in the Global South as well as in the Global North. The book engages with different discourses on the commons in regard to their relevance for social change and thereby reinvigorates the political meaning of the commons. It provides an original and important approach to the topic in terms of conceptualization, detailing diverse empirical realities, and analyzing potential perspectives. In so doing, the book transcends narrow disciplinary boundaries and expands the focus to the global.Providing a fresh perspective on the commons as a decisive component of alternatives, this title will be relevant to scholars and students of resource management, social movements, and sustainable development more broadly.

Planning, Law and Economics sets out a new framework for applying a legal approach to spatial planning, showing how to improve the practice and help achieve its aims. The book covers planning laws, citizens'rights and property rights, asking ‘What rules do we want to make and, where necessary, enforce? And how do we want to apply them in planning practice?'This book sets out, in general and illustrated with concrete examples, how the three types of law mentioned above are unavoidably involved in all types of spatial planning. The book also makes clear that these laws can be combined in different ways, each way a particular approach to the practice of spatial planning (regulative planning, structuring markets, pro-active planning, collaborative planning, etc.).Throughout, the book shows what legal approaches can be taken to spatial planning, and uses a four-part framework to evaluate the effects of choosing such an approach. The spatial planning should be effective, legitimate, morally just and economically sound. In particular the book details why the economic effects for society are important and how spatial planning affects how the economic resources of land and buildings are used. The book will be invaluable to students and planners to understand the relationship between their actions and the basic principles of the rule of law in a democratic, liberal society.

Die Autoren erläutern das Rechtsgebiet, mit Ausnahme des kommunalen Wirtschaftsrechts, mit Konzentration auf das Wesentliche sowie durch weiterführende Hinweise, Nachweise aus der Rechtsprechung und zahlreiche Beispiele aus der Kommunalpraxis. Sie bieten damit für Studium und Ausbildung eine verständliche, für Praktiker eine hilfreiche Darstellung des Kommunalrechts und gehen dabei auf Themen wie Selbstverwaltungsrecht, Öffentliche Einrichtungen, Satzungsrecht, Organe der Gemeinde, Mitwirkung der Einwohner, Ehrenamtliche Tätigkeit, Ausschüsse, zwischengemeindliche Zusammenarbeit, Rechts- und Fachaufsicht und die Grundlagen des Landkreisrechts ein. Das Werk richtet sich an Studierende und Auszubildende an Verwaltungshochschulen und Universitäten sowie als Nachschlagewerk an Kommunalpraktiker.

In dealing with scarce land, planners often need to interact with, and sometimes confront, property right-holders to address complex property rights situations. To reinforce their position in situations of rivalrous land uses, planners can strategically use and combine different policy instruments in addition to standard land use plans. Effectively steering spatial development requires a keen understanding of these instruments of land policy. This book not only presents how such instruments function, it additionally examines how public authorities strategically manage the scarcity of land, either increasing or decreasing it, to promote a more sparing use of resources. It presents 13 instruments of land policy in specific national contexts and discusses them from the perspectives of other countries. Through the use of concrete examples, the book reveals how instruments of land policy are used strategically in different policy contexts.

The rich field of urban law has thus far lacked a holistic and concerted scholarly focus on comparative and global perspectives. This work offers new inroads into the global and comparative streams within urban law by presenting emerging frameworks and approaches to topics ranging from urban housing and land use to legal informality and consumer financial protection. The volume brings together a group of international urban legal scholars to highlight emergent global, interdisciplinary perspectives within the field of urban law, particularly as they have import for comparative legal analysis. The book presents a timely addition to the literature given the urgent legal issues that continue to surface in an age of rapid urbanization and globalization.

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.

Der Autor untersucht Rechtsnatur und Rechtswirkungen des Flächennutzungsplans. Diesem kommt nach der Rechtsprechung als vorbereitender Bauleitplan eine wichtige Leitfunktion für die städtebauliche Entwicklung in den Gemeinden zu. Trotzdem wird der Flächennutzungsplan durch die herrschende Meinung zumeist als hoheitliche Maßnahme eigener Art ohne Außenwirkung eingestuft. Die Untersuchung hinterfragt diese über Jahrzehnte gefestigte Dogmatik. Sowohl seine Stellung im Gefüge der zweistufigen Bauleitplanung als auch seine Bedeutung für das Zulässigkeitsregime im Außenbereich zeigen, dass die Rechtswirkungen des Flächennutzungsplans zum Teil erheblich sind und seiner Einordnung durch die herrschende Meinung nicht uneingeschränkt gefolgt werden kann.

This book is a collection of essays honouring and engaging with the work of the late Professor Patrick McAuslan. It is a collection that narrates, analyses and critiques McAuslan's contributions, as well as offering substantive perspectives on how his work has impacted the legal fields in which he was involved: including those of land law, urban planning law and policy, land use and participation in developing countries, democratic constitutionalism, and legal education. The essays present McAuslan's contributions in the contexts in which they emerged, and according to both the circumstances and motivations that shaped them, as well as the challenges they encountered. It thus provides an ideal point of engagement for scholars, students and policy makers that have already interacted with McAuslan's ideas and work, or who have yet to do so.

Good land policy provides a diversity of land uses with plural property relations. No single kind of property rules fits the purposes of all types of land uses. Neither is a de-tached single family house like a community garden, nor a highway like a retail chain. Each land use needs its own property'fingerprint.'The concept of Western ownership works with home ownership, but fails with community gardens, highways, or retail chains. Western ownership also fails in informal settings, particularly in the global South, although informality does not at all entail the absence of property relations. In everyday practice, private and common property relations often accommodate a wide variety of demands made by the owners and users of land. In a stark contrast, many theories of property and land policy fail to recognize plural property relations. The polyrational theory of planning and property reconciles practice and theory.

The growing demand for natural resources has triggered a “race” to their exploitation and possession, especially in developing countries. Most desired are water, land, forests, raw materials (oil, gas, mineral and precious stones), fisheries and genetic resources. Emerging economies, Western states, multinational corporations and international financial institutions have become the biggest “buyers” in a race that on one hand strengthens economies and creates investment opportunities and on the other threatens local communities and environmental protection. Natural Resources Grabbing: An International Law Perspective aims at filling a gap in the legal literature by addressing the adverse effects that large-scale investments in natural resources may pose to fundamental human rights and the protection of the environment.

he urgent need to enhance sustainable development in developing countries has never been greater: poverty levels are growing, land conversions are uncontrolled, and there is rapid loss of biodiversity through land use change. This timely book highlights the need for integrated assessment tools for developing countries, considering the long-term impacts of decisions taken today. The success of land use policies has in the past often been hampered by the fact that we simply do not know enough about their impact on sustainable development across developing countries. This book contributes to bridging this knowledge gap while facilitating the successful design and implementation of land use policies. The challenge of land use changes in response to changes in the policy environment - macro policy, agricultural and forest policy, environmental policy - is explored with a focus on the South. Detailed case studies encompassing seven countries across Africa, Asia and Latin America are presented via a common framework of analysis. In each case, sustainable development concerns are identified from environmental, economic and social perspectives. The interrelated causes of these problems are analyzed by identifying key drivers and relevant land use policies, and the potential impact of prioritized land use policies are then discussed. This important book will prove invaluable to academics, researchers, postgraduate students and policy makers concerned with land-use planning, sustainable development and environmental studies. Contributors: A.M. Arbi, I. Bezlepkina, M. Bonin, F. Brouwer, M. Bursztyn, L. Chen, Y. Cisse, E. Coudel, S.A. Dalimunthe, N. Debortoli, N.I.S. Dewi, S. Feng, L.N. Gachimbi, P. Gicheru, H. Jeder, S. Kashyap, H. Konig, D. Lindoso, X. Ma, D. McNeill, S.N. Makokha, I. Nesheim, N. Novira, N. Ounalli, S. Patil, S. Purushothaman, F. Qu, T.S. Rahayu, P. Reidsma, S. Rodrigues-Filho, J. Schuler, M. Sghaier, X. Shi, J.-P. Tonneau, R. Verburg, J. Von Braun, J.W. Wamuongo, A.P. Wicaksono

Countries which take spatial planning seriously should take planning law and property rights also seriously. There is an unavoidable logical relationship between planning, law, and property rights. However, planning by law and property rights is so familiar and taken for granted that we do not think about the theory behind it. As a result, we do not think abstractly about its strengths and weaknesses, about what can be achieved with it and what not, how it can be improved, how it could be complemented. Such reflections are essential to cope with current and future challenges to spatial planning. This book makes the (often implicit) theory behind planning by law and property rights explicit and relates it to those challenges. It starts by setting out what is understood by planning by law and property rights, and investigates - theoretically and by game simulation - the relationships between planning law and property rights. It then places planning law and property rights within their institutional setting at three different scales: when a country undergoes enormous social and political change, when there is fundamental political debate about the power of the state within a country, and when a country changes its legislation in response to European policy. Not only changing institutions, but also global environmental change, pose huge challenges for spatial planning. The book discusses how planning by law and property rights can respond to those challenges: by adaptive planning), by adaptable property rights, and by public policies at the appropriate geographical level. Planning by law and property rights can fix a local regime of property rights which turns out to be inappropriate but difficult to change. It questions whether such regimes can be changed and whether planning agencies can make such undesirable lock-ins less likely by reducing market uncertainty and, if so, by what means.

En droit international de l'investissement, le prisme de l'expropriation indirecte couvre une large catégorie de mesures – telles que les réglementations – qui n'impliquent pas de transfert de propriété mais aboutissent à une grave interférence avec un investissement. La définition des dépossessions indemnisables constitue une question extrêmement sensible, située à la croisée des chemins entre la protection des droits des investisseurs et la préservation des prérogatives de l'Etat. Cet ouvrage explore, à travers l'exemple de la réglementation environnementale, le droit applicable à cette notion controversée. Il montre que l'approche traditionnelle – reposant sur une dilution du concept d'expropriation – n'est nullement appropriée et il contribue à clarifier l'étendue de la protection de l'investisseur sur le fondement du droit de la responsabilité internationale de l'Etat.In international investment law, the prism of indirect expropriation includes a broad range of measures – such as regulatory measures – which do not involve a transfer of property but result in a serious interference with an investment. The definition of compensable taking is a very sensitive issue situated at the crossroads between the protection of investors'private rights and the safeguarding of the state's sovereign prerogatives. This book explores, through the example of environmental regulation, the law applicable to this controversial topic. It suggests that the traditional approach – based on an extension of the concept of expropriation – is inappropriate and it contributes to clarifying the scope of the international protection of the investor on the ground of the law of state responsibility.

Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futures addresses property and land title as central mechanisms governing access to communally-held land and resources. The collection assesses the effectiveness of property law and tenure models developed around concepts of individual ownership, for achieving long-term environmental and economic sustainability for indigenous peoples and local communities. It explores the momentum for change in the international realm, and then develops a comparative focus across Australia, North America, Africa, Peru, New Zealand and the Pacific region, examining the historical and current impacts of individuation of title on the customary law and practice of indigenous peoples and local communities. Themes of property, privatisation and sustainable communities are developed in theoretical analyses and case studies from these jurisdictions. The case studies throw into sharp relief how questions of land law and resources management should not be separated from wider issues about the long-term viability of communities. Comparative analysis allows consideration of how western models of land tenure and land title might better accommodate the exercise of traditional practices of indigenous peoples and local communities, while still promoting autonomy, choice and economic development. This volume will be of interest to scholars and professionals working in the fields of property law, land reform, policy and planning, indigenous law and customary law, environmental sustainability, development and resource management.