Regulatory Property Rights : the Transforming Notion of Property in Transnational Business Regulation.

Format:

Book

Author/Creator:

Godt, Christine.

Contributor:

Godt, Christine, 1964- editor.

Language:

English

Subjects (All):

Intellectual property.

Physical Description:

1 online resource (259 pages)

Edition:

1st ed.

Place of Publication:

Leiden : BRILL, 2016.

Summary:

In Regulatory Property Rights: The Transforming Notion of Property in Transnational Business Regulation , editor Christine Godt generates fresh impetus for rethinking modern property theory. The book’s central theme is the transformation of property in response to societal changes brought about by internationalization, digitalization and new forms of collective action. The contributions sketch a vision of modern property, which grew out of 18th and 19th century ideologies. It operates in the modern multilevel system, and is not confined to the nation state. It is conscious about the broad range of functionalities of the title holder with regard to managing international supply and distribution chains and modern rationalities of the capital market, and at the same time acknowledges the legitimate interests of third parties and modern forms of governance.

Contents:

Preliminary Material / Christine Godt

Introduction: Property in Transformation / Christine Godt

“Regulatory Property Rights” – A Challenge to Property Theory / Christine Godt

Control of Global Business Transactions via Property? A Multi-disciplinary Approach / Margherita Colangelo

Lex rei sitae: The Territorial Side of Classical Property Law / Sjef van Erp

The Major Innovations of the New European Regulation 2015/848 of 20 May 2015 on Insolvency Proceedings / Jean-Michel Jude

Multilevel Governance of Property Titles in Land: The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security / Leon Verstappen

The Role of Property in Water Regulation: Locating Communal and Regulatory Property Rights on the Property Rights Spectrum / Alison Clarke and Rosalind Malcolm

Natural Resources as “Regulated Property”: The Challenges of Resource Stewardship in South Africa / Hanri Mostert and Cheri-Leigh Young

Employing Property Rights for Nature Conservation / Colin T. Reid

Commodification and Financialization in the Energy Sector: Emission Allowances and Electricity / Rüdiger Wilhelmi

In Rem Effects of Non-exclusive Sub-licences in Insolvency / Christine Godt and Jonas Simon

Derivatives in Maritime Freight: Novel Property Rights with Prospects and Pitfalls / Viola Heutger

Epilogue: Regulatory Property Rights and Regulatory Private Law / Hans-W. Micklitz

Index / Christine Godt.

Notes:

Includes index.

OCLC:

965168266

Publisher Number:

10.1163/9789004313521 DOI