Property Meeting the Challenge of the Commons

This book explores the challenge of the commons to the private-public dichotomy in various national legal systems, including West European, post-socialist, and post-colonial experiences. It presents national reports from 13 jurisdictions and offers a valuable resource for comparative law studies.

Format: Hardback
Length: 537 pages
Publication date: 24 March 2023
Publisher: Springer International Publishing AG

This comprehensive book delves into the complex interplay between the commons and the private-public dichotomy across a diverse range of national legal systems, encompassing both the West European legal tradition and post-socialist and post-colonial experiences. Presented through national reports from 13 jurisdictions, spanning from Belgium and South Africa to the United States, this publication emerges as the result of the 20th General Congress of the International Academy of Comparative Law, which took place in Fukuoka, Japan, in July 2018. As a valuable and unique resource for the study of comparative law, it provides a deep exploration of the challenges and complexities inherent in this dynamic realm.

The book begins by examining the historical roots of the commons and their significance in shaping the legal landscape. It explores how the commons have evolved over time, from traditional communal resources to modern-day shared assets such as intellectual property, natural resources, and public spaces. The authors argue that the commons present a unique challenge to the private-public dichotomy, as they often involve shared resources that are difficult to regulate and manage.

One of the key themes of the book is the role of governance in managing the commons. The authors discuss various governance models, including public ownership, private management, and community-based initiatives. They analyze the strengths and weaknesses of each model and explore how they can be applied in different contexts. The book also examines the legal and regulatory frameworks that govern the commons, including property laws, environmental laws, and intellectual property laws. It explores how these frameworks have evolved to address the challenges posed by the commons and how they can be improved to better protect and manage shared resources.

In addition to the national reports, the book includes case studies and comparative analyses that shed light on the practical implications of managing the commons. These case studies explore a wide range of topics, including water management, urban planning, and cultural heritage. They provide real-world examples of the challenges and successes encountered in managing the commons and offer insights into the strategies and approaches that can be used to address these challenges.

Overall, this book is a valuable resource for scholars, policymakers, and practitioners interested in understanding the challenges and opportunities presented by the commons. It offers a comprehensive and interdisciplinary approach to the study of comparative law, drawing on insights from various fields such as economics, sociology, and environmental law. By exploring the complex interplay between the commons and the private-public dichotomy, the book provides a roadmap for developing effective governance models and policies that can promote sustainable and equitable use of shared resources.

Weight: 975g
Dimension: 235 x 155 (mm)
ISBN-13: 9783031252174
Edition number: 1st ed. 2023