Protecţia mediului prin intermediul instrumentelor economice şi impactul acestora asupra dreptului de proprietate
ENVIRONMENTAL PROTECTION THROUGH ECONOMIC INSTRUMENTS AND THEIR IMPACT ON THE RIGHT TO PROPERTY

Summary/Abstract: The basic environmental problem is to prevent the overuse and the abuse of „environmental goods”, such as clean air, water or wildlife, by controlling access and use. As control implies the assignment of private – individual or common – or public rights and duties with respect to otherwise open access resources, we believe that all approaches to environmental protection are ultimately property based. Therefore, even government regulations are a property based approach to environmental protection. Regulations impose private duties with respect to the use of environmental goods and create concomitant public rights of enforcement. Consequently, the choice in environmental protection in not whether to use a property based approach, but which property based approaches to use under various circumstances. There is no first best property based solution to all environmental problems in all circumstances, all public, common or private property based approaches to environmental protection being useful, but within limits. Even though since the downfall of the communism in Eastern Europe, private property has been widely celebrated as a guarantor of personal liberty and the engine of social prosperity, in what concerns environmental protection, celebration of private property are at least premature and arguably utopian. Private property regimes do not always guarantee an effective or efficient environmental protection, sometimes public property regimes being preferable. Therefore, the relations between property and environmental protection should be seen more realistically in their complexity. There are situations in which multiple property systems and admixtures of property systems might represent and advantage.

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