Whatever Happened to Justice Ch 35

Environmental Problems and Property Rights

• Ocean poisoning is a severe issue, as the ocean is a crucial source of oxygen and food.
• Current legal systems often lack protection for ocean resources, leaving them vulnerable to pollution due to a lack of property rights.
• The analogy of dumping toxic waste on land versus in the ocean illustrates this point. Land-based dumping is penalized, but ocean dumping is often not.
• The lack of property rights for the ocean leads to a lack of accountability and responsibility for its use and conservation.

Deforestation in the Amazon

• The Amazon rainforest is facing significant deforestation, with 20 million acres cleared yearly in Brazil.
• This deforestation directly impacts critical resources (oxygen, pharmaceuticals, animals)
• It's often seen as a public interest issue, despite the rights of Indigenous peoples living in those areas.
• The decision-making process often prioritizes the needs of many over the rights of a few, leading to environmental damage. This pattern is also seen in the former Soviet Union and Eastern European countries.

Environmental Damage from Public Property

• The historical lack of individual property rights in East Europe and the former Soviet Union resulted in widespread environmental damage.
• Public property leads to a free-for-all where responsible use is not incentivized.
• The result of this is widespread pollution as seen in waterways, which in many places is still unresolved.
• The principle of "public interest" can be exploited for pollutions and environmental degradation, as evidenced by historic cases and present day challenges.

Private Property and Environmental Protection

• Areas with strong individual property rights tend to have cleaner environments; private property owners have an incentive to maintain their land and water.
• This principle applies to noise and other types of pollution as well.
• Private owners are motivated to manage their property, safeguard assets from vandalism, and actively maintain its quality.
• The analogy to Yosemite national park (versus a privately-owned park like Disneyland) points out advantages of private ownership.
• A proposed solution: strong property rights and consistent enforcement would significantly reduce most environmental problems (in the author's opinion).
• This is a long-standing legal concept, rooted in common law, suggesting that personal responsibility and stewardship are inherent in managing one's territory.