Regulatory property rights : the transforming notion of property in transnational business regulation / edited by Christine Godt.
2017
K721.5 .R44 2017 (Map It)
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Title
Regulatory property rights : the transforming notion of property in transnational business regulation / edited by Christine Godt.
Published
Leiden ; Boston : Brill Nijhoff, [2017]
Call Number
K721.5 .R44 2017
ISBN
9789004313514 hardcover alkaline paper
9004313516 hardcover alkaline paper
9004313516 hardcover alkaline paper
Description
xii, 247 pages ; 25 cm
System Control No.
(OCoLC)956351380
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.
Note
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: Regulatory property rights Leiden ; Boston : Brill/Nijhoff, [2017] 9789004313521 (DLC) 2016047658
Record Appears in
Added Author
Table of Contents
Acknowledgements
vii
Notes on Contributors
viii
Introduction: Property in Transformation / Christine Godt
1
pt. 1
Challenge to Property Theory: Regulation
1.
"Regulatory Property Rights" -- A Challenge to Property Theory / Christine Godt
13
2.
Control of Global Business Transactions via Property? A Multi-disciplinary Approach / Margherita Colangelo
44
pt. 2
Internationalisation
3.
Lex rei sitae: The Territorial Side of Classical Property Law / Sjef van Erp
61
4.
Major Innovations of the New European Regulation 2015/848 of 20 May 2015 on Insolvency Proceedings / Jean-Michel Jude
82
5.
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
98
pt. 3
Paradigm of Individuality
6.
Role of Property in Water Regulation: Locating Communal and Regulatory Property Rights on the Property Rights Spectrum / Rosalind Malcolm
121
7.
Natural Resources as "Regulated Property": The Challenges of Resource Stewardship in South Africa / Cheri-Leigh Young
141
8.
Employing Property Rights for Nature Conservation / Colin T. Reid
169
pt. 4
Financialisation and Dematerialisation
9.
Commodification and Financialization in the Energy Sector: Emission Allowances and Electricity / Rudiger Wilhelmi
191
10.
In Rem Effects of Non-exclusive Sub-licences in Insolvency / Jonas Simon
207
11.
Derivatives in Maritime Freight: Novel Property Rights with Prospects and Pitfalls / Viola Heutger
223
Epilogue Regulatory Property Rights and Regulatory Private Law / Hans-W. Micklitz
235
Index
245