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The Right of Nonuse

Hardcover

Published: 21st June 2012
Ships: 7 to 10 business days
RRP $138.99
$125.80

The Right of Nonuse provides a fresh and remarkably different perspective on the real causes of the ills plaguing the world's resources and environment. It re-examines the very nature of nature, and from this new perspective, argues that what is needed is for humans to grant to natural resources a legal right to be left alone - a right of nonuse. In the process, it explores the following questions: Why do natural resources continue to be depleted and removed at an alarming rate? Why are species becoming extinct at a pace that may be unprecedented? Why does the environment continue to be polluted? Why do the weather and climate seem to be changing? Perhaps most important, why have laws, legal institutions and governments been unable to address and correct these problems?

Jan Laitos reviews the history of our relationship with the natural environment and develops new ways of thinking about nature and its protection. Instead of proceeding with human-based goals, Laitos argues that we should protect environmental resources for their own intrinsic value. Instead of giving humans more and more rights to clean up the environment, and to halt resources depletion, a right of nonuse held by the resource itself should be created. Natural resources have always possessed this parallel nonuse function, and society should recognize and legitimize it.

This important book from the Oxford University Press offers a new perspective on the law and policy of nature and the conservation of resources. It could well be destined to become a classic in environmental law. Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Acknowedgments

Part I - INTRODUCTION

Chapter 1: The Nature of Nature

Part II - A SOCIAL - ECONOMIC HISTORY OF RESOURCE USE AND NONUSE

Chapter 2: Defining Natural Resources Use and Nonuse

Chapter 3: Era I - The Age of Human Survival

Chapter 4: Era II - The Age of the Market

Chapter 5: Era III - The Age of Property

Chapter 6: Era IV - The Anthrocene Age

Chapter 7: Era V - The Age of Ecocentrism

Part III - A LEGAL HISTORY OF RESOURCE USE AND NONUSE

Chapter 8: An Introduction to Law and Natural Resources

Chapter 9: First Generation Laws: Creating Use Interests in Natural Resources

Chapter 10: Second Generation Laws: Protecting Human Nonuse Interests

Chapter 11: Proposed Second Generation Laws: Protecting Human Nonuse Interests by Acknowledging the Public Interest in Natural Resources

Chapter 12: Toward a Third Generation of Non-Anthropocentric Resource Nonuse Laws

Part IV - REVEALING THE NONUSE COMPONENT OF NATURAL RESOURCES

Chapter 13: The Biology of Resource Nonuse

Chapter 14: The Science of Resource Nonuse

Chapter 15: The Economics of Resource Nonuse

Part V - TOWARD A LEGALLY-ACKNOWLEDGED RIGHT OF NONUSE

Chapter 16: The Problem of Government Regulation: The Emerging Shift from Anthropocentric to Ecocentric Nonuse Laws

Chapter 17: The Problem of Rights Creation: Can Natural Resources Have Legal Rights?

Chapter 18: The Problem of Standing: May Natural Resources Raise Their Own Right of Nonuse?

Index

ISBN: 9780195386066
ISBN-10: 019538606X
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 256
Published: 21st June 2012
Dimensions (cm): 23.7 x 26.4  x 2.22
Weight (kg): 0.472