Moral Property Rights in Bargaining

In many business transactions, in labor-management relations, in international conflicts, and welfare state reforms claims acquired in the past seem to create strong entitlements that shape current negotiations. Despite their importance, the role of entitlements in negotiations has not received much attention. We fill the gap by designing an experiment that allows us to measure the entitlements and to track them through the whole negotiation process. We find strong entitlement effects that shape opening offers, bargaining duration, concessions and reached (dis-)agreements. We argue that entitlements constitute a “moral property right” that is influential independent of negotiators’ legal property rights.moral property rights, fairness judgements, bargaining with claims, self-serving bias

Moral Property Rights in Bargaining

"In many business transactions, in labor-management relations, in international conflicts, and welfare state reforms bargainers seem to hold strong entitlements that shape negotiations. Despite their importance, the role of entitlements in negotiations has not received much attention. We fill the gap by designing an experiment that allows us to measure the entitlements and to track them through the whole negotiation process. We find strong entitlement effects that shape opening offers, bargaining duration, concessions and reached (dis-)agreements. We argue that entitlements constitute a “moral property right” that is influential independent of negotiators’ legal property rights.

Property entitlements and land reform in upland Thai catchments

Issues involved in processes of land reform in degraded upland catchment areas in Thailand include property entitlements over local resource complexes, and the roles of local communities in relation to State agency and commercial stakeholders. An inquiry into collaborative action between stakeholders in an upland Thai catchment has been used as an example of the process of defining property entitlements to the bundles of opportunities for management. This paper draws upon recent conceptual advances concerning property entitlements, particularly as these relate to common-pool resources, and the complex bundle of opportunities for collective and collaborative management in upland catchments. A processual view of collective and collaborative action is the way in which interests are expressed as claims and ultimately translated into entitlements which specify rights to streams of benefits, and associated duties, in relation to a particular resource complex. Social and bureaucratic institutions will influence the way in which stakeholders can participate and interact in this process. Soft systems methodology was used as a guide for a process aimed at identifying mutually beneficial improvements in management between village, agency and commercial stakeholders. The collective and collaborative actions which have developed are all cases whereby particular bundles of property entitlements and related duties have been defined through a process of the expression of claims and identification of mutually beneficial arrangements. These have included local collective management of a water supply, partnerships relating to elements of conservation and production within the local agroecosystem, and socially legitimate patronage to support formal protocols of the land reform process. A process of inquiry which supported the identification of legitimate and mutually beneficial actions has resulted in the definition of bundles of property entitlements which specify benefits and duties by particular stakeholders, with respect to particular resource complexes. This process is discussed in terms of the expression of interests and translation into entitlements through partnerships supported by multiple lines of social and bureaucratic legitimation

Rights and Development-Induced Displacement: Is it a case of risk management or social protection?

Irrespective of the regional setting, displacement of all kinds results in considerable disruption and loss of assets for both the individual and the collective, with greater likelihood of socio-economic impoverishment and reduced access to rights entitlements. Although there is evidence that displaced people face additional challenges of life in a new environment, living day to day with uncertainties around their survival, the larger proportion of these studies are concerned with physical resettlement and the livelihood restoral of people displaced as a result of conflict or large development projects (whether as refugees or internally displaced people (IDP). There has been relatively little critical reflection on how the policy framework can deliver the rights and entitlements of forced migrants, including those who should be obliged to protect them and the relevance of individual agency . This paper critically engages with current internal displacement protection policies that are based on risk management or short-term relief measures. It considers how a policy paradigm of social protection might offer a framework to minimize the loss of rights so often associated with displacement

Effects of a flat rate introduction: shifts in farm activity and impact on farmers' income

Current thoughts on CAP changes, e.g. the "Health Check", emphasize the necessity to move away from payments based on historical receipts towards a "flatter rate" system. The aim of current research is to simulate the impact of a flat rate system (equal payments per hectare of cultivated land) compared to the current historical system (payments based on individual historic entitlements). Impact on production and income of arable, dairy and cattle farms of two different flat rate scenario's, is assessed with a farm-based sector model for Flanders. The model maximizes income at farm level, calibrated to observed farming behavior in 2001-2003. Farm data can be selected by farm type, size and region, simulations could be run for specific sub sectors, size classes or regions. In the two simulated flat rate scenario's subsectors will gain subsidies at the expense of other subsectors. However, farms can compensate a substantial part of their income loss by changing activity choice.Positive Mathematical Programming, farm model, Common Agricultural Policy, Payment Entitlements., Agricultural and Food Policy, Agricultural Finance, Farm Management, Research Methods/ Statistical Methods,

Rights-Based Management: Conserving Fisheries, Protecting Economies

Healthy and plentiful fisheries are not only good for marine ecosystems, but they are critical to the health, employment and prosperity of over a billion people around the world that rely on fisheries for food and jobs. Yet, half the globe's fisheries have been pushed to their limits and another third have been pushed beyond their limits. The percentage of these "overfished" species has nearly quadrupled since the 1970s. A rights-based management program is one tool to address this issue. They convey and manage exclusive entitlements that allow a person, company, fishing vessel, community or village to fish in a particular place at a particular time

Implementing The National Water Initiative - A Generic Set Of Arrangements For Managing Interests In Water

Water resources law has been continuously reformed over recent years in Australia to achieve the sustainable use and development of water resources. This is an ongoing activity. The most recent statement of policy has been the Intergovernmental Agreement on a National Water Initiative of 2004. This seeks a nationally – compatible, market, regulatory and planning based system of managing surface and ground water resources for rural and urban use that optimises economic, social and environmental outcomes. To make such a system effective requires a fundamental change in legal doctrine. This publication suggests a set of arrangements for managing interests in water directed at the implementation of this policy

2017, August - Hornbeck Project\u27s Historical Documents Applied to 21st Century Water Law / Sustainable Water Management in the Salinas Valley [Draft]

The memorandum examines some of the documents and references found in the CSUMB Hornbeck Collection and discusses the significance of the information as it relates to the colonization lands of the Western Hemisphere by the Spanish and the English, and the impact of the different approaches to colonization on the development of California and the historic legal basis for land ownership and water entitlements in California. It suggests how the historic land use and water entitlements of the State can be harmonized with the requirements of the California Sustainable Groundwater Management Act.https://digitalcommons.csumb.edu/hornbeck_research_rel/1005/thumbnail.jp

THE POLITICAL ECONOMY OF PUBLIC LAND USE

Federal ownership and management of the public lands have created a rent-seeking frenzy, inflated rhetoric, wasted resources, and squandered investment opportunities. The primary commodity user groups, grazers and timber harvesters, have declined in importance whereas conservationists and recreationists have gained. Still, historical use preferences and continued rent seeking have produced use entitlements that seem impervious to changing costs and demands and thus result in large wealth losses to consumers and taxpayers. Privatization of the public lands is probably politically infeasible, but simulated market processes can be used to replace political allocations and improve efficiency.Land Economics/Use,