The Amazon, the world's largest rain forest, is the last frontier in Brazil. The settlement of large and small farmers, squatters, miners, and loggers in this frontier during the past thirty years ...has given rise to violent conflicts over land as well as environmental duress. Titles, Conflict, and Land Use examines the institutional development involved in the process of land use and ownership in the Amazon and shows how this phenomenon affects the behavior of the economic actors. It explores the way in which the absence of well-defined property rights in the Amazon has led to both economic and social problems, including lost investment opportunities, high costs in protecting claims, and violence. The relationship between land reform and violence is given special attention. The book offers an important application of the New Institutional Economics by examining a rare instance where institutional change can be empirically observed. This allows the authors to study property rights as they emerge and evolve and to analyze the effects of Amazon development on the economy. In doing so they illustrate well the point that often the evolution of economic institutions will not lead to efficient outcomes. This book will be important not only to economists but also to Latin Americanists, political scientists, anthropologists, and scholars in disciplines concerned with the environment.
Do stronger intellectual property rights (IPR) increase innovation? Recent decades have seen a global transformation in IPR standards, underpinned by the theory that stronger IPRs spur increased ...incentives to innovate. This study tests the impact of ever more rigorous IPR systems on innovation through an index of economic complexity of 94 countries from 1965 to 2005. Our results confirm that stronger intellectual property systems engender higher levels of economic complexity. Nevertheless, only countries with an initial above-average level of development and complexity enjoy this effect.
Zhenqing Zhang argues that China does respect international intellectual property rights, but only in certain cases. In Intellectual Property Rights in China, he addresses the variation in the ...effectiveness of China's IPR policy and explains the mechanisms for the uneven compliance with global IPR norms.
A Critical analysis of the response of the ECtHR to the continuing violations of the rights to property and home of the Cyprus IDPs under ECHR general and specific jurisprudence, on Article 1 ...Protocol No. 1 and Article 8, as it has developed over the last 40 years.
The comparative analysis of socialist and capitalist economic systems has given rise to a voluminous literature in the history of economic thought, yet detailed analysis of the “market socialism" ...model, which seeks to imitate the functional efficiency of capitalism by simulating a competitive economy, has been relatively neglected. In this work, Mateusz Machaj seeks to redress this imbalance by providing an in-depth examination of one of the defining issues that separates capitalism from socialism – the system of ownership, or property rights – which, when explored, highlight fundamental problems in the market socialism model. Taking a broadly Austrian perspective, he shows that the mechanism of efficiency in market socialism is unable to play the part ascribed to it by its theoreticians, because it disregards the fact that property rights are fundamental to the shaping of prices and thus the abolition of ownership in market socialism makes its mechanism of efficiency a fiction. Indeed, the author argues, the economic terms used in the model of market capitalism only mirror the names of the real economic variables that cause capitalism to be efficient, not their functions. The books offers new and original insights into the theory of competition, theories of pricing, property laws, the relation between law and economics, as well as the economics of the market socialism model. It will be of interest to a wide range of heterodox economists.
Property Outlaws Penalver, Eduardo M; Katyal, Sonia
02/2010
eBook
Property Outlawsputs forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal ...regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society.
The authors employ wide-ranging examples of the behaviors of "property outlaws"-the trespasser, squatter, pirate, or file-sharer-to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of "property outlaws" and legal innovation should be cultivated in order to maintain this avenue of legal reform.
In Ownership Paradigms in American Civil Law Jurisdictions Agustín Parise assists in identifying the transformations experienced in the legislation dealing with ownership in the Americas. He ...addresses the three ownership paradigms that he claims have developed in the New World.
Changing properties of property Keebet von Benda-Beckmann; Franz von Benda-Beckmann; Melanie G. Wiber
2006., 20060515, 2006, 2009-10-30
eBook, Book
As an important contribution to debates on property theory and the role of law in creating, disputing, defining and refining property rights, this volume provides new theoretical material on property ...systems, as well as new empirically grounded case studies of the dynamics of property transformations. The property claimants discussed in these papers represent a diverse range of actors, including post-socialist states and their citizens, those receiving restitution for past property losses in Africa, Southeast Asia and in eastern Europe, collectives, corporate and individual actors. The volume thus provides a comprehensive anthropological analysis not only of property structures and ideologies, but also of property (and its politics) in action.
An institution-based view of global IPR history Peng, Mike W; Ahlstrom, David; Carraher, Shawn M ...
Journal of international business studies,
09/2017, Volume:
48, Issue:
7
Journal Article
Peer reviewed
Leveraging the use of history to advance international business research, this article focuses on the crucial debate over intellectual property rights (IPR) between the United States and China. ...Ironically, during the 19th century the United States was not a leading IPR advocate as it is today, but was a leading IPR violator. Developing an institution-based view of IPR history, we identify three underlying theoretical mechanisms that help to explain IPR in the two countries - path dependence, long-term processes, and institutional transitions. We argue that both the US refusal to protect foreign IPR in the 19th century and the current Chinese lack of enthusiasm to meet US IPR demands embody rational responses to their respective situations. However, given long-term processes with intensifying ¡somorphic pressures, institutional transitions in favor of better IPR protection are quite possible. Finally, going above and beyond these two countries, we draw on the IPR history in over ten other countries to develop a more globally generalizable framework, which in turn contributes to the key question of how history matters.
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