Roman Legal Tradition and the Mismanagement of Hunting Resources

Hunting and game-preservation are interrelated: hunting must respect the intentions of game-preservation, and game-preservation must rely on hunting as one method to achieve its intentions. HASENKAMP (1995) applied the Economic Theory of Common Resources to the problem to provide conclusions about the management and conservation of hunting resources. These conclusions are reflected in the existing relevant legal hunting setting in Germany. German Law contains legal principles that confronts the hunter with the objectives of hunting preservation and held him the responsibility for pursuing these goals. In our paper, we derive a model of hunting management, adapting the GORDON/SCHAEFER fisheries model. The conclusions of the model, similar with those of Hasenkamp, are confronted with Portuguese hunting regulation. We conclude that Portugal has a Roman legal tradition with respect to hunting propertyrights. To the Roman conception, the wild animals constitute res nullius (things without owner) that all men can appropriate by ocupatio. The classification of free land implicates the idea that the hunter has the freedom of access to hunt in other’s land, although respecting imposed norms. This tradition of open access is the root-cause of hunting depletion. But, at the same time, the legislator sees it as a form of giving the hunters without land, the possibility of enjoying this activity. This is compatible with the Portuguese tradition, which almost attributes a personality right to the right of hunting.

Intra-industry trade and labor costs: The smooth adjustment hypothesis

We study a situation in which, owing to the exhaustion of non-renewable energy sources, conventional motor vehicles will turn out of use. We consider two scenarios: recycling or dismantling these motor vehicles. M|G|∞ queue system is used to study the process. Through it, we conclude that if the rate of dismantling and recycling of motor vehicles is greater than the rate at which they become idle, the system will tend to get balanced. The model allows also performing a brief study about the recycling or dismantling economic interest.

The Tragedy of the Anti-Commons: A New Problem. An Application to the Fisheries.

The operation and management of common property resources (“the commons”) have been exhaustively examined in economics and political science, both in formal analysis and in practical applications. “Tragedy of the Commons” metaphor helps to explain why people overuse shared resources. On the other side, Anti-Commons Theory is a recent theory presented by scientists to explain several situations about new Property Rights concerns. An “anti-commons” problem arises when there are multiple rights to exclude. Little attention has been given to the setting where more than one person is assigned with exclusion rights, which may be exercised. We analyze the “anti-commons” problem in which resources are inefficiently underutilized rather than over-utilized as in the familiar commons setting. In fact, these two problems are symmetrical in several aspects.Anti-Commons Theory; Property Rights

Rights based management and the reform of the common fisheries policy : an evaluation of portuguese experience

Recently, the Pew Environment Group released a study that finds that E. U. fisheries have failed to reduce fleet capacity thus exerting fishing pressure on stocks at two/three time sustainable levels. The members evaluated in this study accounted for more than 90% of European fisheries subsidies. Overcapacity and overcapitalisation of the sector was identified as the principal failure of the Common Fisheries Policy. The study also highlights that member-states failed to take environmental and social concerns into consideration when allocating public funding. This conclusion may be well important in the CFP reform (2012) and put again the discussion about the tools that can be used to get sustainable management and better cohesion. The idea of creating markets for fishing rights as a means of internalising the externalities derived from the common property nature of fisheries have received considerable attention by the founding fathers of Law and Economics and Fisheries Economics such as Coase, Scott and Christy. The idea is to create a market of individual transferable quotas (ITQs) and confide in the self-regulation of such a system to conduct the fisheries to the economic efficiency and to promote inter-temporal sustainable use of resources. Rights Based Management schemes have already been experimented in some specific fisheries and localizations. These experiences have a lot of teaching results about good practices of sustainable fisheries management and also about the limitations/ risks of these tools. These conclusions are fundamental to explore the feasibility of these tools as instruments of conservation in the CFP. The purpose of our Communication is to enter this debate and evaluate the Portuguese experience with rights based management

Roman legal tradition and the mismanagement of hunting resources

Hunting and game-preservation are interrelated: hunting must respect the intentions of game-preservation, and game-preservation must rely on hunting as one method to achieve its intentions. HASENKAMP (1995) applied the Economic Theory of Common Resources to the problem to provide conclusions about the management and conservation of hunting resources. These conclusions are reflected in the existing relevant legal hunting setting in Germany. German Law contains legal principles that confronts the hunter with the objectives of hunting preservation and held him the responsibility for pursuing these goals. In our paper, we derive a model of hunting management, adapting the GORDON/SCHAEFER fisheries model. The conclusions of the model, similar with those of Hasenkamp, are confronted with Portuguese hunting regulation. We conclude that Portugal has a Roman legal tradition with respect to hunting propertyrights. To the Roman conception, the wild animals constitute res nullius (things without owner) that all men can appropriate by ocupatio. The classification of free land implicates the idea that the hunter has the freedom of access to hunt in other’s land, although respecting imposed norms. This tradition of open access is the root-cause of hunting depletion. But, at the same time, the legislator sees it as a form of giving the hunters without land, the possibility of enjoying this activity. This is compatible with the Portuguese tradition, which almost attributes a personality right to the right of hunting

Tragedies on natural resources a commons and anticommons approach

Ambiguous concepts blur analytical and policy prescription clarity. In the literature on Natural Resources it would be difficult to find a concept as misunderstood as commons. This paper clarifies this confusion and establishes an adequate conceptualisation. A typology of property-rights regimes relevant to common property resources is presented and a new concept – anticommons - is introduced. The reflex of this regimes distinction on the design of the natural resources policy is discussed and this conceptualisation is used to study exemplar cases in the area of fisheries and aquaculture policy in Portugal

Análise e diagnóstico do edificado com mais de 50 anos a reabilitar em Lisboa: edifícios "gaioleiros"

A reabilitação do edificado em Lisboa é um fenómeno que tem vindo a ser abordado há já alguns anos, com resultados ainda insuficientes. Entre outras razões que contribuíram para a situação actual, referem-se três das principais: - Congelamento de rendas - Especulação imobiliária - Falta de legislação específica Este trabalho está estruturado em duas partes fundamentais. Na primeira parte é um enquadramento histórico e de desenvolvimento urbanístico, que vai do inicio do século XIX até finais do século XIX, a que a cidade de Lisboa assistiu. Através de avanços e recuos, foi possível olhar-se Lisboa a norte, “dir-se-á de costas voltadas ao Tejo”. Lisboa não se via fora de uma “tela” que tivesse como pano de fundo o Rio Tejo, sempre pensada entre oriente e ocidente. A segunda parte, em que é feita a análise e diagnóstico do edificado a reabilitar com mais de 50 anos, corresponde ao período entre 1870 a 1930, edifícios de paredes resistentes e pavimentos de madeira (do tipo gaioleiro). Neste estudo ilustra-se o estado actual de um conjunto de edifícios da época, através de observação visual e directa, recolha fotográfica e consulta directa a elementos de processos de obra constantes no Arquivo Municipal de Lisboa. É feita a caracterização construtiva dos casos de estudo, o estado de degradação dos mesmos, incluindo patologias em fundações, paredes resistentes, pavimentos de madeira e coberturas

Condition monitoring based maintenance in marine engineering

This project examines the situation regarding Condition Monitoring Based Maintenance in marine engineering, the monitoring techniques presently used, some economical considerations and the results achieved using them. A study is also presented on the changes in the survey systems due to the introduction of condition monitoring and the rules o-f Administrations and Classification Societies on the subject