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Article
Publication date: 10 July 2017

Kevin Grecksch and Jessica Holzhausen

This paper aims to show how property rights predominantly shape discussions about the governance of natural resources and thereby neglect questions of (collective) identities and…

Abstract

Purpose

This paper aims to show how property rights predominantly shape discussions about the governance of natural resources and thereby neglect questions of (collective) identities and alternative solutions to govern natural resources. The purpose is to introduce narratives as an alternative approach to the discussion about the governance of natural resources.

Design/methodology/approach

Guided by the question of how we acquire property and what that tells us about our understanding of to whom natural resources belong to, the paper reviews the history of property rights by looking into property theories starting from Thomas Hobbes, John Locke, Adam Smith, Immanuel Kant and Pierre-Joseph Proudhon. It then takes a closer look at The Economics of Ecosystems and Biodiversity (TEEB) study and the Nagoya Protocol with regard to property rights. Second, the paper introduces the concept of narratives surrounding property rights in the past and present.

Findings

Property rights are a social concept dominant in the industrialised world. This has strong implications when looking at the way indigenous people look at natural resources. Mostly, property rights are unknown to them or alternative concepts exist. Yet, documents such as the Nagoya Protocol or the TEEB study presuppose an understanding of property rights originating in European property concepts. A narrative approach to property rights introduces new ideas and looks beyond legislation and policies at the stories people tell about property and natural resources, at property stereotypes and identities and what this might entail for future natural resource governance.

Originality/value

The paper fulfils a need to find alternative approaches to govern natural resources against the background of global environmental challenges.

Details

International Journal of Law in the Built Environment, vol. 9 no. 2
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 26 May 2021

Li Gao, Jinnan Song, Jiajuan Liang and Jianxiao Guo

This paper aims to explore the influence of founder shareholders’ resources on the allocation of control rights from the perspective of incomplete contract theory and resource

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Abstract

Purpose

This paper aims to explore the influence of founder shareholders’ resources on the allocation of control rights from the perspective of incomplete contract theory and resource-based theory.

Design/methodology/approach

This paper analyzes newspaper materials with NVivo11on a case of battle for corporate control in Chinese top-listed company-Vanke Group.

Findings

The research shows that human capital is the key resource and the holding proportion of financial resources directly affects the allocation of control rights. At the same time, social capital is unstable and easily broken. At last, institutional environment also affects the degree between the relationship of founder shareholders’ resources and the allocation of control rights. The influence of founder-shareholder resources on the allocation of control rights follows the path of “crisis – founder-shareholder’s resources – founder’s ability - allocation of control rights.”

Research limitations/implications

This study only selects the financial capital, human capital and social capital of Shi Wang, the founder of Vanke, as the analysis object. The study can expand the types of founder shareholder resources to verify and enrich the conclusions.

Originality/value

The current theoretical research in the literature focuses on the necessity of equity and shareholder’s resources versus the control rights. Some key factors and mechanism on the relationship have not been fully clarified. The results of this paper not only extend the combination research of social network and corporate governance, but also provide enterprise founders with references for making reasonable decisions during control battle.

Details

Chinese Management Studies, vol. 16 no. 2
Type: Research Article
ISSN: 1750-614X

Keywords

Book part
Publication date: 27 December 2013

Cara Nine

To determine the normative philosophical legitimacy of territorial claims to the Arctic high seas.

Abstract

Purpose

To determine the normative philosophical legitimacy of territorial claims to the Arctic high seas.

Methodology/approach

In this chapter I sketch a philosophical guideline for determining the scope of territorial rights based on established theories of territorial claims.

Findings

The scope of territorial rights should be limited to a geographical domain within which a group can establish a site of justice. Because currently a site of justice is not possible in the Arctic high seas, no state can extend a territorial claim to that area.

Implications

If adopted, this theory would prohibit the establishment of claims to the Arctic high seas made by countries such as Russia, Denmark (via Greenland) and Canada.

Details

Environmental Philosophy: The Art of Life in a World of Limits
Type: Book
ISBN: 978-1-78350-137-3

Keywords

Article
Publication date: 30 September 2022

Yunlong Duan, Shuling Liu, Chang MU, Xiangwei Liu, Edwin Cheng and Yongsong Liu

This study aims to analyze the moderating effect of managerial discretion on the relationship between cross-border knowledge search and the high-tech firms’ innovation quality in…

Abstract

Purpose

This study aims to analyze the moderating effect of managerial discretion on the relationship between cross-border knowledge search and the high-tech firms’ innovation quality in a global health emergency and addresses the following issues: the influence mechanism of different types of cross-border knowledge search on the high-tech firms’ innovation quality in a global health emergency; and the moderating role of different dimensions of manager discretion on the above relationship.

Design/methodology/approach

Based on the firms’ strategy selection methods, the authors divided cross-border knowledge search into three aspects, namely, breadth, depth and balance, and analyzed the impact of cross-border knowledge search on the innovation quality of high-tech firms in a global health emergency, taking managerial discretion as the moderating variable, and divided it into position rights, pay rights and operation rights according to the key rights of firms’ strategic management. Furthermore, the authors constructed a theoretical model, and for an analysis sample, the authors collected data from Chinese high-tech firms from 2013 to 2021.

Findings

The empirical results show that there is an inverted U-shaped relationship between cross-border knowledge search breadth, depth and balance and the innovation quality of high-tech firms. The position rights, pay rights and operation rights of managerial discretion have partially significant moderating effects on the relationship between cross-border knowledge search breadth, depth and balance and the high-tech firms’ innovation quality.

Originality/value

Considerable literature has grown around the theme of the impact of knowledge search on the firms’ innovation quality. Nevertheless, only a few studies draw on the combination of global health emergency, cross-border knowledge search and the innovation quality; in particular, no literature has analyzed the relationship between the three from the managerial discretion perspective. Exploring the above relationships has great theoretical value for enriching and improving knowledge management and innovation management theories and provides a theoretical basis and practical support for high-tech firms to face challenges of a global health emergency and to break through the innovation dilemma.

Details

Journal of Knowledge Management, vol. 27 no. 1
Type: Research Article
ISSN: 1367-3270

Keywords

Article
Publication date: 1 April 1996

Colin Hunt

Argues that the serious environmental degradation occurring in two “low island” Pacific states, Kiribati and Tuvalu, can be directly attributed to the lack of allocation of rights

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Abstract

Argues that the serious environmental degradation occurring in two “low island” Pacific states, Kiribati and Tuvalu, can be directly attributed to the lack of allocation of rights of access to, or the lack of exclusion of non rights‐holders from, common property resources. A recommendation, resulting from research in the countries concerned, is that the governments must enforce their rights over lands and underground water, if these resources are to continue to provide benefits to the community and if disease incidence in the population (an outcome of open access to public resources) is to be reduced. For the management of inshore fisheries resources, it is suggested that rights of Island Councils are confirmed and reinforced by central government. In the case of the nations’ ocean resources, co‐operation between Pacific island states is required to manage access and exploitation by foreign vessels.

Details

International Journal of Social Economics, vol. 23 no. 4/5/6
Type: Research Article
ISSN: 0306-8293

Keywords

Article
Publication date: 1 June 2003

Biman C. Prasad

This paper discusses the institutionalists' economic thought and how they saw the role of property rights in economic development. It points out that the role of various…

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Abstract

This paper discusses the institutionalists' economic thought and how they saw the role of property rights in economic development. It points out that the role of various institutions in the economic performance of many developing countries cannot be ignored. One of the important institutional factors in many developing countries and transitional economies is the nature and definition of property rights. This paper therefore addresses the impact of property rights on overall economic performance of a country and more specifically on agricultural production and on the conservation and management of the environment. It is generally agreed that property rights are a claim to a benefit stream where the state provides protection from others who may interfere with the benefit stream. Well‐defined property rights are considered vital for transitional economies which are undertaking major structural changes. The recent literature on property rights in transitional economies is largely concentrated on the former socialist and communist economies of Eastern Europe, which are embracing the market economy. However, this also has significant implications for many developing countries like Fiji which can also be considered as transitional economies. For Fiji the transition is from a highly protected, inward‐looking economy towards an export‐oriented economy. Getting the property rightsright” seems to be one of the major obstacles to economic reform agendas for many of the South Pacific countries including Fiji.

Details

International Journal of Social Economics, vol. 30 no. 6
Type: Research Article
ISSN: 0306-8293

Keywords

Book part
Publication date: 1 October 2007

Jonathan Putnam

I begin with a dispute over a fox hunt, by which to understand the law of tangible property, then develop that metaphor for the major types of intellectual property. I start with…

Abstract

I begin with a dispute over a fox hunt, by which to understand the law of tangible property, then develop that metaphor for the major types of intellectual property. I start with domestic U.S. patent law for the sake of concreteness, and generalize to other jurisdictions and types of intellectual property. In the latter parts of the paper I discuss the international implications of intellectual property, including especially the effects of information spillovers. The last part of the paper describes the hazards in analogizing “trade” in intellectual property rights to trade in goods, and particularly in interpreting international patent data. These hazards motivate the search for a structural model specially adapted to the purpose of valuing international intellectual property rights and rules. The goal is to give economists a simple and integrated framework for analyzing intellectual property across time, jurisdiction and regime type, with an eye towards eventually developing other incentive systems that have the advantages of property (such as decentralized decision-making), but fewer of the disadvantages.

Details

Intellectual Property, Growth and Trade
Type: Book
ISBN: 978-1-84950-539-0

Book part
Publication date: 22 September 2009

Nils Stieglitz and Nicolai J. Foss

Entrepreneurs in a competitive economy face three fundamental problems. They need to search for and discover a business opportunity (Kirzner, 1973), evaluate it (Knight, 1921)…

Abstract

Entrepreneurs in a competitive economy face three fundamental problems. They need to search for and discover a business opportunity (Kirzner, 1973), evaluate it (Knight, 1921), and then seize the opportunity to reap entrepreneurial profits (Schumpeter, 1911) (Langlois, 2007). The problem that we address is how the ability to exploit business opportunities is influenced by entrepreneurial search and the economic organization of entrepreneurship (Arrow, 1962; Lippman & Rumelt, 2003b; Aghion et al., 2005; Foss, Foss, & Klein, 2007). In many cases, the discovery for a new business opportunity needs to be motivated by expected gains, since the search and evaluation of business opportunities is a costly, resource-consuming process (Denrell, Fang, & Winter, 2003; Nickerson & Zenger, 2004; Foss & Klein, 2005; Teece, 2007; Foss & Foss, 2008).1 We show the critical role of expectations for understanding of the economic organization of entrepreneurship, and argue that transaction cost economics, with its insistence on bounded rationality, but farsighted contracting offers useful insights and presents rich opportunities for further theoretical and empirical research (cf. also Furubotn, 2002).

Details

Economic Institutions of Strategy
Type: Book
ISBN: 978-1-84855-487-0

Article
Publication date: 25 June 2021

Maria Lucas Rhimbassen and Lucien Rapp

In the absence of a clear property rights regime in outer space, commodification might bypass several legal considerations and instill a regime through customary practice, which…

Abstract

Purpose

In the absence of a clear property rights regime in outer space, commodification might bypass several legal considerations and instill a regime through customary practice, which could collide with international space law ethics, and thus, erode the corpus juris spatialis. The purpose of this paper is to find a way to prevent such an erosion.

Design/methodology/approach

Through an interdisciplinary review of the literature pertaining to space law, space property rights, economic goods, resources and commodities, this paper explores potential solutions to prevent further fragmentation of the corpus juris spatialis when confronted with the elusive transnational lex mercatoria dynamics and potential commodification of the space ecosystem.

Findings

This paper explores solutions to prevent this outcome through decentralized frameworks ranging from polycentric governance to a new “space antitrust” regime. Polycentric governance could prove very useful to address the plurality of space property rights and their complexity while space antitrust would not be precluded to intervene in a commoditized space market. Commodities benefited in the past from a certain antitrust immunity, however, due to globalization, technological development and deregulation, commodities have become more competitive, and therefore, the immunity is being gradually overturned.

Originality/value

This paper explores the benefits of unlocking antitrust potential forces into channeling, hand in hand with polycentricity, the development of the space ecosystem in light of international space law ethics. “Space antitrust” could become a discipline per se and better resonate with non-traditional stakeholders in the space sector in a context of commercialization and commodification of resources. Today, benefit-sharing causes debate among spacefaring nations in terms of property rights. However, it could be enforced through competition law dynamics.

Details

Journal of Property, Planning and Environmental Law, vol. 13 no. 2
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 10 December 2019

Godfrey Massay

The purpose of this paper is to provide examples of how rural women in Tanzania have addressed land rights challenges, showcasing three interventions implemented by Tanzanian…

Abstract

Purpose

The purpose of this paper is to provide examples of how rural women in Tanzania have addressed land rights challenges, showcasing three interventions implemented by Tanzanian Civil Society Organizations. It demonstrates that women have used both legal and traditional systems to negotiate and mediate their claims to land. Although the interventions featured have been greatly shaped by the work of civil society organizations, they have equally been influenced by rural women movements and individual rural women. The cases selected provide understanding of women’s land rights issues in both privately and communally held property/land.

Design/methodology/approach

This paper presents literature review of the existing secondary data on the subject coupled with the interviews.

Findings

Informal and formal approaches have been used by rural women to negotiate their claims on both communal and private lands. CSOs have equally shaped the approaches employed by rural women.

Research limitations/implications

This research was mainly based on the secondary data and few key interviews. There is a need to conduct further analysis of the issues.

Practical implications

This paper highlights the role of CSOs in improving the participation of women in decision-making bodies. The wave of large-scale land-based investments has caused insecurity of land tenure for women. The paper shows some ways to address the problem in communal lands.

Social implications

Socially, the papers shows the power relations involved in the struggles over land, as well as the role of traditional systems and bylaws in protecting the rights of women.

Originality/value

The paper provides dynamics of gendered approach used by women to negotiate their claims in communally held lands. It also highlights the role and space of local and international CSOs in shaping the local context of resistance on land rights. It is a very useful paper for academics and practitioners working on land rights.

Details

African Journal of Economic and Management Studies, vol. 11 no. 2
Type: Research Article
ISSN: 2040-0705

Keywords

1 – 10 of over 149000