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A law & economics approach to the study of integrated management regimes of estuaries

Author

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  • Wim van de Griendt

    (Institute for Governance Studies - University of Twente)

Abstract

In this paper it is proposed to analyse legal regimes for integrated management of estuaries with the help of institutional legal theory and the Schlager & Ostrom framework for types of ownership. Estuaries are highly valued and valuable and therefore need protection. The problem is that they qualify as multiple-use and multiple-user common pool resources. To be able to analyze the legal regimes governing the estuaries, you must be able to take the position of governmental actors and NGO's into account. For this purpose a first attempt has been made in this paper to adapt the Schlager & Ostrom framework to accomodate for these problems. Therefore two new types of ownership are introduced, namely the trustee and the steward.

Suggested Citation

  • Wim van de Griendt, 2004. "A law & economics approach to the study of integrated management regimes of estuaries," Law and Economics 0408002, EconWPA.
  • Handle: RePEc:wpa:wuwple:0408002
    Note: Type of Document - pdf; pages: 22
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    References listed on IDEAS

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    1. Sun, Laixiang, 2002. "Introduction Adaptive Efficiency and Evolving Diversity of Enterprise Ownership and Governance," Journal of Comparative Economics, Elsevier, vol. 30(4), pages 754-758, December.
    2. repec:cup:apsrev:v:89:y:1995:i:03:p:582-600_09 is not listed on IDEAS
    3. Edella Schlager & Elinor Ostrom, 1992. "Property-Rights Regimes and Natural Resources: A Conceptual Analysis," Land Economics, University of Wisconsin Press, vol. 68(3), pages 249-262.
    4. Rose Anne Devlin & R. Quentin Grafton, 1998. "Economic Rights and Environmental Wrongs," Books, Edward Elgar Publishing, number 1119.
    5. Elinor Ostrom, 2008. "Institutions And The Environment," Economic Affairs, Wiley Blackwell, vol. 28(3), pages 24-31, September.
    6. Daniel H. Cole & Peter Z. Grossman, 2002. "The Meaning of Property Rights: Law versus Economics?," Land Economics, University of Wisconsin Press, vol. 78(3), pages 317-330.
    7. Soderqvist, Tore & Mitsch, William J. & Turner, R. Kerry, 2000. "Valuation of wetlands in a landscape and institutional perspective," Ecological Economics, Elsevier, vol. 35(1), pages 1-6, October.
    8. Holderness, Clifford G., 2003. "Joint ownership and alienability," International Review of Law and Economics, Elsevier, vol. 23(1), pages 75-100, March.
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    10. Alchian, Armen A. & Demsetz, Harold, 1973. "The Property Right Paradigm," The Journal of Economic History, Cambridge University Press, vol. 33(01), pages 16-27, March.
    11. Nelson, Richard R. & Sampat, Bhaven N., 2001. "Making sense of institutions as a factor shaping economic performance," Journal of Economic Behavior & Organization, Elsevier, vol. 44(1), pages 31-54, January.
    12. T.S. Veeman & J. Politylo, 2003. "The Role of Institutions and Policy in Enhancing Sustainable Development and Conserving Natural Capital," Environment, Development and Sustainability: A Multidisciplinary Approach to the Theory and Practice of Sustainable Development, Springer, vol. 5(3), pages 317-332, September.
    13. Smith, Henry E, 2002. "Exclusion versus Governance: Two Strategies for Delineating Property Rights," The Journal of Legal Studies, University of Chicago Press, vol. 31(2), pages 453-487, June.
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    Cited by:

    1. Syed Arshad Hussain Shah & Syed Akhter Hussain Shah & Mahmood Khalid, 2007. "Incompatibility of Laws and Natural Resources: A Case Study of Land Revenue Laws and Their Implications in Federal Areas of Pakistan," The Pakistan Development Review, Pakistan Institute of Development Economics, vol. 46(4), pages 1105-1117.

    More about this item

    Keywords

    institutional analysis; types of ownership; law & economics; integrated management; institutional legal theory; estuaries; natural resources management; common pool resources; property rights;

    JEL classification:

    • K - Law and Economics

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