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The Right of Nonuse$
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Jan G. Laitos

Print publication date: 2012

Print ISBN-13: 9780195386066

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780195386066.001.0001

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The Problem of Government Regulation

The Problem of Government Regulation

The Emerging Shift from Anthropocentric to Ecocentric Nonuse Laws

16 (p.185) The Problem of Government Regulation
The Right of Nonuse

Jan G. Laitos

Oxford University Press

This chapter discusses how modern regulations have already started to acknowledge purely ecocentric goals whose aim is not simply to benefit humans. It suggests that the most dramatic, and possibly the most efficient legal change would be to give land and natural resources their own legal rights. Under this model, resources would have the ability to enforce ecocentric nonuse values, irrespective of the consequences of such enforcement actions on any human. If lawsuits were brought, the suit would be in the name of the land or resource, damages would be calculated by loss to that component of nature bringing the suit, and any judgment would be for the benefit of the land and the natural resource, not the humans affected thereby. Such a right of nonuse, held by the resource, would certainly mark a new age of land and resource protection.

Keywords:   natural resource, ecocentric nonuse values, resource protection, ecocentric goals, legal rights

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