Chapter

The Problem of Government Regulation

Jan G. Laitos

in The Right of Nonuse

Published in print May 2012 | ISBN: 9780195386066
Published online September 2012 | e-ISBN: 9780199949656 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195386066.003.0016
The Problem of Government Regulation

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This chapter discusses how modern regulations have already started to acknowledge purely ecocentric goals whose aim is not simply to benefit humans. It suggests that the most dramatic, and possibly the most efficient legal change would be to give land and natural resources their own legal rights. Under this model, resources would have the ability to enforce ecocentric nonuse values, irrespective of the consequences of such enforcement actions on any human. If lawsuits were brought, the suit would be in the name of the land or resource, damages would be calculated by loss to that component of nature bringing the suit, and any judgment would be for the benefit of the land and the natural resource, not the humans affected thereby. Such a right of nonuse, held by the resource, would certainly mark a new age of land and resource protection.

Keywords: natural resource; ecocentric nonuse values; resource protection; ecocentric goals; legal rights

Chapter.  7641 words. 

Subjects: Environment and Energy Law

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