Property Law on Environmental Goods: Elements of Analysis.
Name: BRUNO CÉSAR DE CAMARGO
Publication date: 15/06/2010
Advisor:
Name |
Role |
|---|---|
| ALAIN PIERRE CLAUDE HENRI HERSCOVICI | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| ALAIN PIERRE CLAUDE HENRI HERSCOVICI | Advisor * |
Summary: The 20th century watched the emergence of debates on environmental problems and mainly about the manners to cancel, reduce and correct the impacts of human depletion of the envi- ronmental goods. It prevails in the world the sense of urgency and the need of conciliating the economic development with the environmental sustainability, although there is no agreement about the ways of achieving such balance. In this work, two economic solutions to the envi- ronmental problem are presented, which identify external factors as environmental problems, and environmental goods as public assets. The States management of the punishments to the authors of the negative externalities appears as an economic solution that seeks to internalize, in the private cost, the external costs absorbed by the environmental goods. The private solu- tion proposes a new solution to the environmental problem based on market instruments that induces the agents to new ways of balancing the externalities, which privilege the economic efficiency obtained from private arrangements. From the solutions presented to the environ- mental problem emerges the debate about the property rights over the environmental goods, whose full definition is composed by nature as an impossible goal to achieve and a fundamen- tal element to the implementation of any solutions. The concepts of externality, public assets and environmental goods are explored simultaneously to the discussion of property rights that fall on the environmental goods and their full attributions. Transaction costs and uncertainty are incorporated to the debate as an attempt to cover the maximum number of elements that may contribute with the defense of any solutions presented. In the end, some conclusions are presented, supported by an institutionalist framework that intend to purpose an intermediate path, able to become feasible and that takes advantage of the best contributions from both solutions.
