Taking Property Rights Seriously: The Case of Climate Change
Jonathan H. Adler
Case Western Reserve University School of Law; PERC - Property and Environment Research Center
July 1, 2008
SOCIAL POLICY & PHILOSOPHY, Vol. 26, No. 2, Summer 2009
Case Legal Studies Research Paper No. 08-16
The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called "free market environmentalism" (FME), is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property rights, most self-described advocates of FME adopt a utilitarian, welfare-maximization, approach to climate change policy, arguing that the costs of mitigation measures could outweigh the costs of climate change itself. Yet even if anthropogenic climate change is decidedly less than catastrophic - indeed, even if it net beneficial to the globe as whole - human-induced climate change is likely to contribute to environmental changes that violate traditional conceptions of property rights. Viewed globally, the actions of some countries - primarily developed nations (such as the United States) and those nations that are industrializing most rapidly (such as China and India) - are likely to increase environmental harms suffered by less developed nations - nations that have not (as of yet) made any significant contribution to global climate change. It may well be that aggregate human welfare would be maximized in a warmer, wealthier world, or that the gains from climate change will offset environmental losses. Such claims, even if demonstrated, would not address the normative concern that the consequences of anthropogenic global warming would infringe upon the rights of people in less-developed nations. A true FME approach to climate change policy should be grounded in a normative commitment to property rights. As a consequence, this paper suggests a complete rethinking of the conventional conservative and libertarian approach to climate change.
Number of Pages in PDF File: 22
Keywords: Environmental Law, Environmental Policy, Free Market Environmentalism, Climate Change, Property Rights
JEL Classification: H11, K11, K20, K32, K40
Date posted: July 31, 2008 ; Last revised: April 16, 2012
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