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Regulation and Deregulation: Property Rights Allocation Issues in De Regulation of Common Pool Resources

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Author Info
Gary Libecap ()
Abstract

Rights-based institutions have been adopted for certain natural resources in order to more effectively mitigate the losses of the common pool. Past central government (command and control) regulation has not proved satisfactory. In deregulation, a major issue has been the assignment of those rights and controversy over it has slowed the process. In this paper, I examine three different allocation rules: first-possession, lottery or uniform allocation, and auction and draw predic tions as to when they might be adopted and why they are controversial. I analyze the assignment and nature of the rights granted for common-pool resources where deregulation has occurred: oil and gas unit shares, emission permits, and selected fishery ITQ’s in six countries (Australia, Canada, Chile, Iceland, New Zealand, and the U.S). I find that firstpossession rules dominate where there are incumbent users. Lotteries and auctions are rarely used. I discuss criticisms of first-possession rules and argue that first-possession is likely more efficient than previously recognized. Accordingly, restrictions on such allocations as part of deregulation (rights set-asides for particular groups and exchange limitations) may be costly in the long run for addressing the problems of the common pool.

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Paper provided by ICER - International Centre for Economic Research in its series ICER Working Papers with number 28-2007.

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Length: 24 pages
Date of creation: Mar 2007
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Handle: RePEc:icr:wpicer:28-2007

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  1. Libecap, Gary D & Smith, James L, 2002. "The Economic Evolution of Petroleum Property Rights in the United States," Journal of Legal Studies, University of Chicago Press, vol. 31(2), pages S589-608, June.
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  2. Gary D. Libecap & James L. Smith, 1999. "The Self-Enforcing Provisions of Oil and Gas Unit Operating Agreements: Theory and Evidence," NBER Working Papers 7142, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  3. Grafton, R Quentin & Squires, Dale & Fox, Kevin J, 2000. "Private Property and Economic Efficiency: A Study of a Common-Pool Resource," Journal of Law & Economics, University of Chicago Press, vol. 43(2), pages 679-713, October.
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  4. Johnson, Ronald N & Libecap, Gary D, 1982. "Contracting Problems and Regulation: The Case of the Fishery," American Economic Review, American Economic Association, vol. 72(5), pages 1005-22, December. [Downloadable!] (restricted)
  5. Ronald N. Johnson & Gary D. Libecap, 2001. "Information distortion and competitive remedies in government transfer programs: The case of ethanol," Economics of Governance, Springer, vol. 2(2), pages 101-134, 07.
  6. Anthony Scott, 1955. "The Fishery: The Objectives of Sole Ownership," Journal of Political Economy, University of Chicago Press, vol. 63, pages 116. [Downloadable!] (restricted)
  7. McMillan, John, 1994. "Selling Spectrum Rights," Journal of Economic Perspectives, American Economic Association, vol. 8(3), pages 145-62, Summer. [Downloadable!] (restricted)
  8. Libecap, Gary D., 2007. "Assigning Property Rights in the Common Pool: Implications of the Prevalence of First-Possession Rules for ITQs in Fisheries," Marine Resource Economics, Marine Resources Foundation, vol. 22(4). [Downloadable!]
  9. Cheung, Steven N S, 1970. "The Structure of a Contract and the Theory of a Non-exclusive Resource," Journal of Law & Economics, University of Chicago Press, vol. 13(1), pages 49-70, April.
  10. Dahlman, Carl J, 1979. "The Problem of Externality," Journal of Law & Economics, University of Chicago Press, vol. 22(1), pages 141-62, April.
  11. Doyle, Matthew & Singh, Rajesh & Weninger, Quinn, 2005. "Fisheries Management with Stock Growth Uncertainty and Costly Capital Adjustment: Extended Appendix," Staff General Research Papers 12291, Iowa State University, Department of Economics. [Downloadable!]
  12. Lueck, Dean, 1995. "The Rule of First Possession and the Design of the Law," Journal of Law & Economics, University of Chicago Press, vol. 38(2), pages 393-436, October.
  13. Stavins, Robert N, 1998. "What Can We Learn from the Grand Policy Experiment? Lessons from SO2 Allowance Trading," Journal of Economic Perspectives, American Economic Association, vol. 12(3), pages 69-88, Summer. [Downloadable!] (restricted)
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