Property Rights Research Papers - Academia.edu (original) (raw)

The central focus of this paper is the notion that the home can provide a locale in which people can work at attaining a sense of ontological security in a world that at times is experienced as threatening and uncontrollable. The paper... more

The central focus of this paper is the notion that the home can provide a locale in which people can work at attaining a sense of ontological security in a world that at times is experienced as threatening and uncontrollable. The paper builds on and develops the ideas of Giddens and Saunders on ontological security and seeks to break down and operationalise the concept and explore it through a set of empirical data drawn from interviews with a group of older New Zealand home owners. The extent to which home and home life meets the conditions for the maintenance of ontological security is assessed through an exploration of home as the site of constancy in the social and material environment; home as a spatial context in which the day to day routines of human existence are performed; home as a site free from the surveillance that is part of the contemporary world which allows for a sense of control that is missing in other locales; and home as a secure base around which identities are...

This article discusses structural transformations in small-scale fisheries in a New Zealand community. Expressions of fishing practice and the people who pursue these practices are subject to three different management regimes—Commercial,... more

This article discusses structural transformations in small-scale fisheries in a New Zealand community. Expressions of fishing practice and the people who pursue these practices are subject to three different management regimes—Commercial, Recreational and Customary Regulations—each of which is rooted in a particular model of ownership. The community is simultaneously subject to globalization as represented by the local fish processing plant, a burgeoning tourist market, and the Quota Management Regime. These factors intertwine in complex ways to threaten community cohesion; yet, fishers, irrespective of category, express sentiments indicating an emergent level of solidarity based on a shared productive activity and a common distaste for various elements of globalization.

Not-guilty verdicts, mistrials, and impunity for the Bundy family and many of their supporters in the armed confrontations over public land use in Nevada and Oregon. Expanded access for private oil, gas, mining, and logging industries and... more

Not-guilty verdicts, mistrials, and impunity for the Bundy family and many of their supporters in the armed confrontations over public land use in Nevada and Oregon. Expanded access for private oil, gas, mining, and logging industries and the downsizing of national monuments such as Bears Ears lead by Secretary of the Interior Ryan Zinke. A number of highly contentious debates and sensationalized events have again focused attention on land held in the public domain by the United States. This essay argues that federal land policy as a form of colonial administration has been constitutive for the logic of expectation as property in what is now the United States. From the state land cessions negotiated on behalf of the Articles of Confederation to the preemption acts (1830–1841) to the homestead acts (1862–1916) to present-day demands for land transfer, the acquisition and disposal of the so-called public domain have been central to westward colonization, the consolidation of the nation-state, and the promise of land ownership as the ostensible foundation of individual liberty. These dynamics are evident in contemporary conflicts over public lands and arguments for the transfer of public lands to either state or private ownership. Approaching the Bundy occupations as flashpoints that illuminate competing interpretations and claims to land within the history of westward colonization, this essay seeks to demonstrate the ways in which expectation emerges from particular economies of dispossession of indigenous peoples that have historically worked through and across the division of public and private property.

When the Greeks and surviving Armenians of present-day Turkey were forced to leave their homeland in 1922, the movable and immovable property they had to leave behind became known as „abandoned property“(emval-i metruke). In theory, this... more

When the Greeks and surviving Armenians of present-day Turkey were forced to leave their homeland in 1922, the movable and immovable property they had to leave behind became known as „abandoned property“(emval-i metruke). In theory, this legal term implied that the absent owners continued to enjoy their property rights and were represented by the state. In practice, however, their houses, fields and belongings were stolen. They were used for the immediate housing needs of the remaining population, distributed among the rich and powerful and sold in public auctions. Initially, only a small part of abandoned property was under control of the new Ankara government, which was eager to use it as a source of revenue for the empty state coffers. Before it could do so, however, the government had to deal with various forms of active and passive resistance: homeless people and refugees squatted „abandoned“ homes and fields, and members of parliament initially refused to pass laws that would have legalized government administration of „abandoned“ property. From 1924 onwards, the property compensation for among incoming migrants from Greece (the so-called exchangees) threatened the financial interests of the state and pitted the newcomers against the existing population. By focusing on all these aspects of the „abandoned property“ question and the multiple forms of resistance against its administration by the state, this book offers unique insights into the social and political history of early republican Turkey.zeige weniger

“Privatization” of public lands has been urged on the grounds that it will provide a more efficient allocation of the nation's resources. However, there are some public policy objectives which private ownership and free markets... more

“Privatization” of public lands has been urged on the grounds that it will provide a more efficient allocation of the nation's resources. However, there are some public policy objectives which private ownership and free markets are not equipped to achieve. Historically, these objectives have motivated legislation authorizing retention of some land in public ownership. Indeed, land in both forms of

This article operates at the interface of the literature on the impact of foreign direct investment (FDI) on host countries and the literature on the determinants of institutional quality. We argue that FDI contributes to economic... more

This article operates at the interface of the literature on the impact of foreign direct investment (FDI) on host countries and the literature on the determinants of institutional quality. We argue that FDI contributes to economic development by improving institutional quality in the host country. This proposition is tested within a large panel data set of 70 developing countries for the period 1981-2005. We show that FDI inflows have a positive and highly significant impact on property rights. Results are very robust and not affected by model specification, different control variables, or estimation technique. To our knowledge this is the first article to empirically test the FDI-property rights linkage.

The effects of Intellectual Property Rights (IPRs) is one of the economic mysteries of the current literature. However, at sectoral-level, it has still failed to provide any obvious empirical evidence regarding any direct link between... more

The effects of Intellectual Property Rights (IPRs) is one of the economic mysteries of the current literature. However, at sectoral-level, it has still failed to provide any obvious empirical evidence regarding any direct link between patents and productivity. The chief contribution of this research paper is to provide empirical evidence on how chemistry patents relate to productivity growth in the case of a low-tech intensive industry (Food, Beverage and Tobacco). In order to support both the theoretical and empirical findings of the literature a dynamic regression model is tested and found a valid representation of the negative relationship between food chemistry patents granted and productivity growth in the long run. Subsequently, some conclusions and policy implications are suggested in order to support the enhanced productivity growth performance of these food industries, highlighting the importance of changes in current property protection systems

The United States is often considered the progenitor of conservation planning in the world, the first to establish a vast public domain, for example. But with continued population growth, conservation planning on private lands-rural and... more

The United States is often considered the progenitor of conservation planning in the world, the first to establish a vast public domain, for example. But with continued population growth, conservation planning on private lands-rural and at the urban fringe-continues to be a substantial challenge due to a tradition of local home rule in land use planning and strong private property protection afforded by the US Constitution. New ''bottom-up'' collaborative approaches, as well as other innovative strategies seem to be emerging. How effective these will be given pressures for growth and high property values remain to be seen without a rethinking of ideas of nature, a rebalancing of the role of property in American local fiscal regimes, and of private property rights.

this paper are entirely those of the authors. They do not necessarily represent the view of the World Bank, its Executive Directors, or the countries they represent. Policy Research Working Papers are available online at... more

this paper are entirely those of the authors. They do not necessarily represent the view of the World Bank, its Executive Directors, or the countries they represent. Policy Research Working Papers are available online at http://econ.worldbank.org. I.

Adult children living with their parents represent an increasingly common social phenomenon in the Unites States that challenges the boundaries of both the family and formal property rights. What is the legal status of adult children... more

Adult children living with their parents represent an increasingly common social phenomenon in the Unites States that challenges the boundaries of both the family and formal property rights. What is the legal status of adult children living with their parents? Do parents have any additional duties when they rescind permission for their child to live with them? Property and family scholars have not addressed this important issue. This article fills the void. Instead of treating people who live together as strangers, owing no legal obligations to one another, I argue that under certain conditions living with others creates a property community in the home. I call this community "home sharing". Thinking of living with others as a property community allows us to legally recognize the deep commitment between people who share a home. I urge scholars to reconsider the rule that allows an owner to unilaterally revoke permission to live in the home and argue that eviction law shoul...

FIRST AMENDMENT 165 the communications media, 3 however, has created a new situation; the Supreme Court has been forced to consider competing claims of first amendment rights. Those advocating a "right of access" 4 and those advocating a... more

FIRST AMENDMENT 165 the communications media, 3 however, has created a new situation; the Supreme Court has been forced to consider competing claims of first amendment rights. Those advocating a "right of access" 4 and those advocating a "freedom to exclude" 5 have both laid claim to first penal offense to be a "gangster"). Overbreadth may be challenged as a violation of equal protection. See L. TRIBE, AMERICAN CONSTITUTIONAL LAW § 16-4, at 999 (1978). 3. Due to technological, economic and political factors, see notes 164-66 infra, the supply of broadcast licenses is almost completely inelastic (i.e., the amount of goods is fixed in amount regardless of price. See P. SAMUELSON, ECONOMICS 377 (1980)). The price of a license, which may be as high as $220 million, see BROADCASTING, April 5, 1982, at 36, has placed broadcast speech out of the reach of all but a very small percentage of the population. Entry into the other mass media is not necessarily easier. Although entry barriers in print and cable may be solely economic, they seem sufficiently great to prohibit easy access by the vast majority of the public. See Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241, 250 (1974) ("[economic and technological changes have] place[d] in a few hands the power to inform the American people and shape public opinion"); MAJORITY STAFF OF THE SUBCOMM. ON TELECOMMUNICATIONS , CONSUMER PROTECTION, AND FINANCE OF THE HOUSE COMM. ON ENERGY AND COMMERCE, 97th CONG., 1ST SESs., TELECOMMUNICATIONS IN TRANSITION: THE STATUS OF COMPETITION IN THE TELECOMMUNICATIONS INDUSTRY 307-90 (Comm. Print 1981) [hereinafter cited as HOUSE REPORT]. See generally B. COMPAINE, WHO OWNS THE MEDIA? (2d ed. 1982) for a review of the major participants in each medium; B. OWEN, ECONOMICS AND FREEDOM OF EXPRESSION (1975) for a discussion of the economics of the media marketplace. 4. The seminal article presenting the claim of access was Barron, Access to the

The analysis of state failure and the policy debate have been driven by two very different underlying views of what the state does. The first, which we call the “servicedelivery” view says the role of the state is to provide law and... more

The analysis of state failure and the policy debate have been driven by two very different underlying views of what the state does. The first, which we call the “servicedelivery” view says the role of the state is to provide law and order, stable property rights, key public goods and welfarist redistributions. In failing to provide these, state failure contributes to economic under-performance and poverty. State failure of this type is in turn related to an inter-dependent constellation of governance failures including corruption and rent-seeking, distortions in markets and the absence of democracy. All of these need to be addressed to focus the state on its core service-delivery tasks. The second locates the developing country state in the context of “social transformation”: the dramatic transition these countries are going through as traditional production systems collapse and a capitalist economy begins to emerge. Dynamic transformation states have heavily intervened in property ...

This paper reports the findings of an in-depth case study of a highly densely populated area in northwest Rwanda which has been conducted during the period 1988±1993. It demonstrates that acute competition for land in a context... more

This paper reports the findings of an in-depth case study of a highly densely populated area in northwest Rwanda which has been conducted during the period 1988±1993. It demonstrates that acute competition for land in a context characterized by too slow expansion of non-agricultural income opportunities has resulted in increasingly unequal land distribution and rapid processes of land dispossession through both operation of the (illegal) land market and evolution of indigenous tenure arrangements. It is also shown that pervasive incidence of land disputes and the threat of landlessness have led to rising tensions in social relations and even within the core of family life, thus paving the way for evermore overt expressions of disharmony and violence. A connection between these ominous conditions and the civil war that broke out in 1994 is established. # 1998 Elsevier Science B.V.

A dynamic tension has long existed between those who would circumscribe the Earth's bounty for private use and those who would carefully allot and safeguard Earth's riches to satisfy human needs. The 1500-year old Public Trust... more

A dynamic tension has long existed between those who would circumscribe the Earth's bounty for private use and those who would carefully allot and safeguard Earth's riches to satisfy human needs. The 1500-year old Public Trust Doctrine, and the much more recent movement to protect Environmental Human Rights, both express in law a belief that some resources should never be sequestered for private use, must be left for the public’s enjoyment, and must be stewarded by those in power. This paper explores the differences and synergies between the Public Trust Doctrine and Environmental Human rights, and explores how these doctrines constrain what counts as “private,” “property,” and “ownership,” with extensive analysis from the doctrines' uses in India, South Africa, California, and Pennsylvania.

Within days of the Singapore parliamentary election in May 2011, Lee Kuan Yew and Goh Chok Tong announced that they had decided to leave the nation's Cabinet, where they had been serving as "Minister Mentor" and "Senior Minister,"... more

Within days of the Singapore parliamentary election in May 2011, Lee Kuan Yew and Goh Chok Tong announced that they had decided to leave the nation's Cabinet, where they had been serving as "Minister Mentor" and "Senior Minister," positions created for them as former Prime Ministers. 2 The reason was that the People's Action Party (PAP), which Lee Kuan Yew had founded with others in the 1950s and which had governed the nation since its separation

A 2006 survey of 28,000 individuals in 28 post-communist countries reveals overwhelming public support for the revision of privatization in the region. A majority of respondents, however, favors a revision of privatization that ultimately... more

A 2006 survey of 28,000 individuals in 28 post-communist countries reveals overwhelming public support for the revision of privatization in the region. A majority of respondents, however, favors a revision of privatization that ultimately leaves firms in private hands. We identify which factors influence individuals' support for revising privatization and explore whether respondents' views are driven by a preference for state property or a concern for the fairness of privatization. We find that human capital poorly suited for a market economy with private ownership and a lack of privately owned assets increase support for revising privatization with the primary reason being a preference for state over private property. Economic hardships during transition and work in the state sector also increase support for revising privatization, but mainly due to the perceived unfairness of privatization. The effects of human capital and asset ownership on support for revising privatization are independent of a countries' institutional environment. In contrast, good governance institutions amplify the impact of positive and negative transition experiences on attitudes toward revising privatization. In countries with low inequality, individuals with positive and negative transition experiences hold significantly different views about the superiority of private property, but this difference is much smaller in countries with high inequality.

The Syrian civil war has seen the weaponization of its land and property rights system by the primary combatant groups in the country. The government is the most robust in its use of the tenure system to locate, target, destroy,... more

The Syrian civil war has seen the weaponization of its land and property rights system by the primary combatant groups in the country. The government is the most robust in its use of the tenure system to locate, target, destroy, confiscate, cleanse, and gain revenue by way of the institutions and attributes comprising the system. Based on fieldwork with Syrian refugees in Lebanon, Jordan, and Turkey, this article describes seven ways the Syrian government is currently using the land and property rights system in its military-on-civilian engagements. While the objective of such use is presumably to permanently prevail over opposition civilian constituencies, the article describes how this actually creates evidence usable for effective restitution of lands and properties subsequent to the war. Introduction The ongoing civil war in Syria has emerged as a laboratory of new weapons used by the various sides in the conflict. While a number of these are purely kinetic-involving both crude and innovative forms of firepower, executions, troop movements and strategies-others take advantage of society based structures and institutions which facilitate targeting specific constituencies within the civilian population and then become attached to kinetic objectives. Statutory land and property rights systems are particularly vulnerable to being used in this way, with significant effect and lasting repercussions. While the Syrian government is not the first to use aspects of land and property rights systems in the pursuit of military objectives, it is the most current, egregious and sophisticated. This paper describes how the statutory land and property rights system has become an important weapon in the Syrian conflict with a number of uses, but with the ultimate counterinsur-gency strategic objective of spatially and permanently prevailing over the insurgency and its civilian constituencies. Permanently ridding certain landscapes of opposition supporters and replacing these with pro-regime inhabitants is just as important to the overall objective of 'prevailing' as is military victory over insurgent combatants for the Syrian government.

Насиље над својином, као краљицом свих (стварних) права, компле-ментарно је одсуству владавине права на просторима Косова и Ме-тохије, које се несметано остварује у условима „постконфликтног мира“, кроз делатност квазидржавних институција... more

Насиље над својином, као краљицом свих (стварних) права, компле-ментарно је одсуству владавине права на просторима Косова и Ме-тохије, које се несметано остварује у условима „постконфликтног мира“, кроз делатност квазидржавних институција и праксу која игно-рише општеприхваћене правне и цивилизацијске норме у сваком иоле уређеном друштву. Имајући то у виду, на дугом путу заштите и рести-туције права својине, Манастир Високи Дечани, Српску православну цркву на Косову и Метохији, као и грађане (пре свега српске нацио-налности), очекују бројна и непредвидива искушења.
Violence against property, as queen of all (real) rights, buddy-mia is the absence of the rule of law in the territory of Kosovo-Metohija and Me, which is freely exercised in a "post-conflict peace", through industry quasi-institutions and practices that ignoring one-draws generally accepted legal and civilized norms in any remotely organized society. With that in mind, on the long road to protect and restore-tion of property rights, Visoki Decani Serbian Orthodox Church in Kosovo and Metohija, as well as citizens (primarily Serbian national uselessness), expect numerous and unpredictable challenges.

Water is subject to heterogeneous uses that put pressure on it and create rivalries between competing users. This article analyses the conditions under which challengers are successful in gaining access to the resource and in imposing a... more

Water is subject to heterogeneous uses that put pressure on it and create rivalries between competing users. This article analyses the conditions under which challengers are successful in gaining access to the resource and in imposing a change of behaviour on the incumbent users. It asks whether the acquisition of property rights is the only means for a challenger to get access to the resource. The empirical study compares 11 'most different' cases of water rivalries in four water basins. It shows that two main 'paths' explain success: Either the challenger activates a property right and negotiates a solution at no cost for the incumbents, or he activates a public policy that grants him a credible alternative to a negotiated agreement. Thus, the challenger must select the kind of rule, property right or public policy, that supports his position and, then, elaborate an appropriate strategy to impose this rule.

The surface of common lands in Spain reduced considerably during the Ancien Régime. Its evolution was extraordinarily diverse, although their privatization and enclosure, the last step of this process, took place in extensive area of the... more

The surface of common lands in Spain reduced considerably during the Ancien Régime. Its evolution was extraordinarily diverse, although their privatization and enclosure, the last step of this process, took place in extensive area of the country long before the decree of the laws that consecrated absolute property rights in the 19 th c. However, in spite of the great interest with which Spanish historians have studied agrarian modernization, the role of enclosures has been scarcely analyzed. The informal and improvised nature of this phenomenon can explain, in some cases, the scarcity of research on this topic. It was not helpful, either, the adaptation of the classical English or French models. The initial disadvantage can nowadays be considered as an opportunity for new studies, if the profound criticism of these models during the last decade is taken into account (Allen, 1992; Congost, 2003). This criticism also reached the "naive theory of property rights," based in the identification between the precise definition of property rights and the efficient resource allocation.

It has long been recognised that the ownership of a resource largely influences the way that the resource is used and managed for future use. The definition of property rights as "the capacity to call upon the collective to stand... more

It has long been recognised that the ownership of a resource largely influences the way that the resource is used and managed for future use. The definition of property rights as "the capacity to call upon the collective to stand behind one's claim to a benefit stream ” emphasizes quality of the relationship between the right holder and the institution that backs the claim. Regardless of legal and institutional form for decentralization, a primary trend at present in natural resource management is to reconcile legality provided by the state with the legitimacy provided by local institutions for the administration of resource tenure – as a yardstick for genuine subsidiarity. Whereas collective action (or at least organizations) for resource management have been recognized as important in many devolution programs, the role of “property rights ” per se has often not been given the same attention, yet ownership (tenure) is a common avenue to authority over resources. 2 1.

This paper studies the differences between traditional financial intermediaries (commercial banks, savings banks and cooperative banks) and ethical banks based on property rights, in which the owner decides the ideology, principles,... more

This paper studies the differences between traditional financial intermediaries (commercial banks, savings banks and cooperative banks) and ethical banks based on property rights, in which the owner decides the ideology, principles, standards and objectives of the organisation. In ethical banking, affinity centres on positive social and ethical values. The paper consequently focuses on an index proposed both to differentiate ethical banks from other types of banks, and also to pinpoint the differences between the various ethical banks themselves. This is the Radical Affinity Index (RAI), which groups banks together in terms of their stance on ethical commitment, concentrating on ethical ideology and principles (information transparency, placement of assets, guarantees and participation) and using a sample of 114 European banks. The evidence shows that transparency of information and placement of assets are factors that differentiate ethical banks from other financial intermediaries. Guarantees and participation are characteristics specific to ethical banks; these variables, however, do not offer clear evidence to our analysis.

Following the footsteps of Milton Friedman and Paul Samuelson, Robert Barro has published a number of his essays written mainly for the Wall Street Jmrnal in a short and entertaining volume. This collection provides an insight into his... more

Following the footsteps of Milton Friedman and Paul Samuelson, Robert Barro has published a number of his essays written mainly for the Wall Street Jmrnal in a short and entertaining volume. This collection provides an insight into his personal thoughts and ideas that sterile missives in academic journals often miss. Only the most relaxed scholars (and journal editors) will mix humor and hyperbole with their theoretical and empirical arguments. Rather than spoil the fun, I will limit this review to the work's more serious issues and ideas. Barro divides the volume into four sections: economic growth; monetary and fiscal policy, fiscal and other macroeconomic policies; and the power of economic reasoning. Three important lessons emerge in the first section: (a) "... democracy is not the key to economic growth ".. . democracy is a "sort of' luxury good that systems purchase; (b) ".. . political freedoms tend to erode over time if they get out of line with a country's standard of living." Economic pe~o~ance is a dete~ning factor of political choice; and (c) ".. . Western counties would cont~bute more to the welfare of poor nations by exporting their economic systems. .. rather than their political systems. . ." (p. 11). The convergence that Barro suggests in the economic performance of different regions of the same country (or different countries in the same region for that matter) arises because of the uninhibited movement of labor, capital and product, a point Bat-to only tangentially addresses. He makes an interesting observation on diversity: that uninhibited movement (free choice by a large number of persons) may not produce a diverse economy or population. Recently achieved political freedoms in eastern Europe suggests that ethic groups wish to congregate rather than disperse among other ethic groups often at the expense of life and limb. Barro appears to disparage the unification movement of the European Union as impairing economic growth. If so he may be overlooking the possibility that efforts to join European countries may be the only way in which each country can significantly enhance the mobility of labor, capital and product-read reduce trade barriers and subsidies to various domestic economic interest groups. One further note on section one: the success that Barre attributes to President Fujimo~ in Peru may be, in part, due to the signi~cant reduction in corruption of his programs as well as his efforts to privatize and deregulate economic institutions. Admittedly the two are not entirely independent. Despite Milton Friedman's dust jacket endorsement of Barro's ability to write lucidly for the noneconomist, most noneconomists will probably find Barro's examples of monetary policy in Argentina and Mexico difficult to follow. This

In this paper we examine data on environmental quality and natural resource degradation in the Philippines, considering trends over time, and compare the Philippine case with those of its Asian regional neighbours. We briefly review... more

In this paper we examine data on environmental quality and natural resource degradation in the Philippines, considering trends over time, and compare the Philippine case with those of its Asian regional neighbours. We briefly review theoretical links between environmental quality, resource depletion, and development strategies and outcomes using the 'scale, composition and technique effect' framework. We discuss Philippine environmental outcomes in a general equilibrium framework. A review of historical evidence suggests that protectionist import substitution industrialisation (ISI) strategy, corrupt administrations and weak property rights combined to promote rapid deforestation and land degradation. ISI policies also imparted an urban bias to development and expanded certain pollution intensive industries. These, together with inadequate investments in urban infrastructure and weak regulatory regimes, worsened urban air and water pollution. On the other hand, the Green Revolution in lowland rice agriculture reduced food prices and weakened incentives for deforestation, but increased harmful pesticide use. We analyse the impact of trade liberalisation and rice and corn policies with the APEX applied general equilibrium model of the Philippine economy. Trade liberalisation may not be harmful, indeed it may even be helpful, for environmental protection, but is no substitute for effective environmental policies. Past experience and current trends indicate that a better future for the Philippine environment requires a combination of government action, community initiatives and institutional innovations.

This paper examines the reasoning behind Jeremy Waldron's influential thesis concerning the possibility of the supersession of historical injustice. It argues that Waldron establishes only the possibility that distributions of property... more

This paper examines the reasoning behind Jeremy Waldron's influential thesis concerning the possibility of the supersession of historical injustice. It argues that Waldron establishes only the possibility that distributions of property brought about by unjust acts may become just, not that this has actually occurred in any case of colonisation. Second, it argues that the injustice involved in the seizure of property does not exhaust the injustice involved in acts of colonisation.

Departing from the seminal question that Coase raised in his 1937 work, this article discusses and assesses incomplete contracts theories' analyses of the firm's boundaries-notably transaction cost theory and the modern theory of property... more

Departing from the seminal question that Coase raised in his 1937 work, this article discusses and assesses incomplete contracts theories' analyses of the firm's boundaries-notably transaction cost theory and the modern theory of property rights-by investigating the case of the vertical network organization (VNO). We perform a theoretical characterization and analysis of the functioning rules of the VNO to shed light on intra-network incentive provisions and coordination mechanisms. Our findings cast doubt on the role that hold-up considerations on the firm's boundaries play and allow us to question forms of power within the VNO. Finally, we focus on the theoretical implications of the emergence of the VNO. The legal nature of the firm does not match the economic definition of the VNO, which tends to treat the firm as a specific governance structure.

In this paper, a theoretical framework for analyzing the selection of governance structures for implementing collaboration agreements between firms and Technological Centers is presented and empirically discussed. This framework includes... more

In this paper, a theoretical framework for analyzing the selection of governance structures for implementing collaboration agreements between firms and Technological Centers is presented and empirically discussed. This framework includes Transaction Costs and Property Rights' theoretical assumptions, though complemented with several proposals coming from the Transactional Value Theory. This last theory is used for adding some dynamism in the governance structure selection. As empirical evidence of this theoretical explanation, we analyse four real experiences of collaboration between firms and one Technological Center. These experiences are aimed to represent the typology of relationships which Technological Centers usually face. Among others, a key interesting result is obtained: R&D collaboration activities do not need to always be organized through hierarchical solutions. In those cases where future expected benefits and/or reputation issues could play an important role, the traditional more static theories could not fully explain the selected governance structure for managing the R&D relationship. As a consequence, these results justify further research about the adequacy of the theoretical framework presented in this paper in other contexts, for example, R&D collaborations between firms and/or between Universities or Public Research Centers and firms.

With the enormous expansion of scholarship on this subject,���rule of law��� has come to mean different things-ranging from security and order to the operations of courts and the administration of justice. We review the various streams of... more

With the enormous expansion of scholarship on this subject,���rule of law��� has come to mean different things-ranging from security and order to the operations of courts and the administration of justice. We review the various streams of theoretical and empirical research by academics and practitioners, emphasizing the connections to economic development. The core logic is that security of property rights and integrity of contract underpin, respectively, investment and trade, which in turn fuel economic growth and ...

Résumé Cet article présente les développements récents de la théorie autrichienne des cycles. Il se concentre sur les apports théoriques et soutient que désormais la théorie autrichienne des cycles est une théorie plurielle de la... more

Résumé Cet article présente les développements récents de la théorie autrichienne des cycles. Il se concentre sur les apports théoriques et soutient que désormais la théorie autrichienne des cycles est une théorie plurielle de la récurrence des erreurs collectives d’anticipation. Les économistes autrichiens s’accordent pour penser que la nationalisation de la monnaie est à l’origine de l’excès d’offre de monnaie. Cet excès crée une distorsion de la structure des taux d’intérêt des prêts et induit la phase de récession du cycle. Ils s’entendent aussi sur les raisons de la récurrence des erreurs d’anticipation et sur leur uniformité. La théorie des droits de propriété explique la récurrence des erreurs d’anticipation par la socialisation des risques. La théorie des anticipations explique les erreurs collectives par la centralisation des anticipations autour des décisions de la banque centrale. Elle rend ainsi compte de l’instabilité des systèmes économiques. Les économistes autrichien...

This article is concerned with the efforts of a Garifuna community in Honduras to claim a space in the growing local tourist economy. Its inhabitants maintain that they suffer a form of culture loss because they do not control the... more

This article is concerned with the efforts of a Garifuna community in Honduras to claim a space in the growing local tourist economy. Its inhabitants maintain that they suffer a form of culture loss because they do not control the commodification of their culture through tourism. By examining the local perspective, we argue that cultural performances could be treated as

Modern historians infrequently acknowledge that women were financial investors before the twentieth century. Yet a study of nineteenth-century England shows substantial groups of women investing for income, capital growth, or a share in... more

Modern historians infrequently acknowledge that women were financial investors before the twentieth century. Yet a study of nineteenth-century England shows substantial groups of women investing for income, capital growth, or a share in the family business. This article will summarize the evidence for women as investors and consider why their participation has been until recently largely ignored by scholars. Second, it will analyze the forms taken by women's investment, exploring the extent to which the development of the stock market and legal changes in married women's property rights facilitated a growing female role in investment. Third, it will analyze the objectives and needs of the three main groups of women investors: speculators, incomeseekers, and family investors. The findings have implications for understanding the economic position of women before the First World War and also for contemporary discussion of women's wealth and investment.

Artykuł prezentuje podstawy prawne prowadzenia katastru nieruchomości oraz rejestracji praw do nieruchomości w Federacji Rosyjskiej, obecny stan oraz zmiany, które zaszły w tych dziedzinach w latach 2009-2010. Na początku wskazano cechy... more

Artykuł prezentuje podstawy prawne prowadzenia katastru nieruchomości oraz rejestracji praw do nieruchomości w Federacji Rosyjskiej, obecny stan oraz zmiany, które zaszły w tych dziedzinach w latach 2009-2010. Na początku wskazano cechy specyficzne prawodawstwa rosyjskiego, dotyczące obrotu nieruchomościami. Następnie opisano nowe tendencje w podejściu do systemu informacji o nieruchomościach. W kolejnych częściach artykułu przedstawiono zasady działania państwowego rejestru praw do nieruchomości oraz państwowego katastru nieruchomości, z uwzględnieniem zmian, które zaszły w ostatnich latach oraz ze wskazaniem dróg rozwoju przedstawionych zasobów informacyjnych.

We provide an overview and introduction to the emerging field of trade and renewable resources, and discuss the potential impact of trade liberalization on welfare and resource conservation. A key factor determining the effect of trade... more

We provide an overview and introduction to the emerging field of trade and renewable resources, and discuss the potential impact of trade liberalization on welfare and resource conservation. A key factor determining the effect of trade reform is the institutional context or property rights regime, and our survey is organized such that it loosely follows the development of new insights with respect to institutions in this literature. This implies a transition from the benevolent planner's model to the polar opposite benchmark of open access in the 1990s. Currently the pendulum is swinging back towards management and regulation, but institutions are treated as endogenous. We discuss and compare various key models in some detail and search for common ground between protagonists and antagonists of free trade.

Johnson et al. (2002. American Economic Review 92 (5), 1335-1356) examine the relative importance of property rights and external finance in several Eastern European countries. They find property rights to be overwhelmingly important,... more

Johnson et al. (2002. American Economic Review 92 (5), 1335-1356) examine the relative importance of property rights and external finance in several Eastern European countries. They find property rights to be overwhelmingly important, while external finance explains little of firm reinvestment. McMillan and Woodruff (2002. Journal of Economic Perspectives 16 (3), 153-170) further conjecture that as transition moves along, market-supporting (financial) institutions should become more important. This paper reexamines those issues in the context of China in 2002, when the transition had moved far. We also find that secure property rights are a significant predictor of firm reinvestment. However, in line with McMillan and Woodruff, we find that access to external finance in the form of bank loans is also associated with more reinvestment. Following Acemoglu and Johnson (2003. Unbundling institutions. Unpublished working paper 9934, National Bureau of Economic Research,

Los campos comuneros son propiedades rurales de uso colectivo cuyo acceso es legi-timado a partir del parentesco entre sus pobladores. Se asume que sus orígenes son colo-niales y todavía hoy constituyen un tipo de propiedad ampliamente... more

Los campos comuneros son propiedades rurales de uso colectivo cuyo acceso es legi-timado a partir del parentesco entre sus pobladores. Se asume que sus orígenes son colo-niales y todavía hoy constituyen un tipo de propiedad ampliamente difundida en la región de estudio. Este artículo se propone explorar el surgimiento y el devenir de la propiedad indivisa hasta 1800, plantea una periodización del proceso e indaga en las prácticas de los comuneros a través del desarrollo de cinco ejemplos. PALABRAS CLAVE: Derechos de propiedad; Los Llanos de La Rioja; Campos comuneros. «Campos comuneros» (also called «mercedes») are collective properties based on kinship, that still continue to exist in Los Llanos region. The purpose of this article is to provide an interpretation of the emergence and fate of this kind of agrarian structure until the XIX Century and to propose a periodization of the process and an explanation of commoner s social practices.

The mystery of capital offers a simple yet beguiling message: capitalism can be made to work for the poor, through formalising their property rights in houses, land and small businesses. This approach resonates strongly in the South... more

The mystery of capital offers a simple yet beguiling message: capitalism can be made to work for the poor, through formalising their property rights in houses, land and small businesses. This approach resonates strongly in the South African context, where private property works well for those who inhabit the so-called 'first economy'. Evidence from South Africa, however, suggests that many of de Soto's policy prescriptions may be inappropriate for the poorest and most vulnerable in our society, and have negative impacts on their security and well-being. More attention should be paid to supporting existing social practices that have widespread legitimacy. Features of 'extra-legal' property regimes provide a key to the solutions: their social embeddedness; the importance of land and housing as assets that help to secure livelihoods; the layered and relative nature of rights; and the flexible character of boundaries. The entire legal and social complex around which notions of 'formal' and 'informal' property are constituted needs to be interrogated more rigorously.

Non-financial compensation increasingly receives attention in both planning practice and science across the world. Non-financial compensation exists when a government compensates a person or company with an interest in land for the loss... more

Non-financial compensation increasingly receives attention in both planning practice and science across the world. Non-financial compensation exists when a government compensates a person or company with an interest in land for the loss of one or more of his property rights therein by creating a new property right that he can either use or sell. It also exists when a government provides an incentive for developers to realise certain planning goals either on their land or on the land of others and the government does not directly subsidise that realisation but creates a property right that they can use or sell when they have realised the goals. We distinguish between single-purpose and multi-purpose types of non-financial compensation. A single-purpose type of non-financial compensation exists when the non-financial compensation-scheme is not a planning tool in itself but only exists as a way to compensate the landowner for his loss. It relates to the compensation of a loss of right and could be considered as a passive instrument as it is only used to compensate. A multi-purpose type of non-financial compensation exists when the scheme not only compensates the landowners, but is also used as a tool to reach a certain spatial planning development goal. This type of scheme relates to an opportunity to develop something additional and implies an actively deployed scheme. The paper elaborates on why government has to and wants to compensate and why government can recapture added value in spatial planning cases.

This article analyses a women’s movement that emerged in the context of increased land commodification in Morocco. It focuses on the dynamics that characterised the making of this coalition of actors across the social divide. It mainly... more

This article analyses a women’s movement that emerged in the context of increased land commodification in Morocco. It focuses on the dynamics that characterised the making of this coalition of actors across the social divide. It mainly analyses the division of tasks among the different partners, highlighting the role played by intermediate organisations and actors in connecting and merging together local, national and international norms, practices and actors. The empowerment of this intermediate layer of leaders indicates a gradual inversion of the power hierarchy and illustrates the fluidity of domination relationships within social movements.

Given the nature of modern conservation acquisitions, which often result from gifts and opportunistic purchases of full or partial property rights, there is a risk that the resulting mosaic of conserved resources may not represent a... more

Given the nature of modern conservation acquisitions, which often result from gifts and opportunistic purchases of full or partial property rights, there is a risk that the resulting mosaic of conserved resources may not represent a coherent set of public values and benefits. With different public and private entities engaged in land conservation, one would further expect that each organization would apply separate goals and criteria to the selection and acquisition of its conservation portfolio. This set of circumstances raises an important question: what is the aggregate outcome of this land conservation process? Retrospective assessments provide a means of reviewing cumulative historical decisions and elucidating lessons for improving future conservation strategies. This study used GIS-based spatial analysis to examine the relationships of private and public conservation lands in Maine to a variety of landscape metrics in order to determine the degree to which these lands represent core ecological and socioeconomic values that are meaningful to a wide cross-section of citizens. Results revealed that the gains of past conservation efforts in Maine are counter-balanced to some extent by apparent gaps in the existing fabric of conservation holdings. Conservation lands capture a representative sample of diverse habitat, provide a large measure of protection for multiple conservation values and indicators, and offer an unusual mix of outdoor recreational opportunities for residents and visitors alike. Yet, the majority of parcels are relatively small and isolated, and thus do not provide contiguous habitat blocks that offset ongoing processes of landscape fragmentation. Furthermore, the majority of area associated with many of the ecological metrics examined in this report is located outside the boundaries of current conservation holdings. The under-represented metrics identified in this investigation can be viewed as potential targets for new strategic conservation initiatives.

There is a large and growing interest in the prevailing cross-country differences many well-functioning institutions, such as judicial independence and high quality laws, and desirable social outcomes, such as a low degree of corruption... more

There is a large and growing interest in the prevailing cross-country differences many well-functioning institutions, such as judicial independence and high quality laws, and desirable social outcomes, such as a low degree of corruption and high economic growth. Influential scholars have claimed that these cross-country differences to a large extent are explained by a country's legal origin (the common law and civil law tradition). It is claimed that through mechanisms of a stronger legal protection of outside investors and less state intervention, common law countries have developed more prosperous economically and socially. This paper proposes an alternative interpretation of the cross-country differences observed. Building on scholarly studies of state formation processes, the basic proposition of this paper is that state formation decisively affects the character of the state infrastructure to be either patrimonial or bureaucratic, which in turn affects institutions and social outcomes. This argument is tested empirically on a set of 31 OECD countries. It is shown that the state infrastructure is indeed more influential than the legal traditions on a set of institutional variables (formalism, judicial independence, regulation of entry and case law) as well as on a set of social outcomes (corruption, rule of law, and property rights).