Buying a Better Environment? Market-based instruments and property law

Buying a Better Environment? Market-based instruments and property law

As part of our ongoing work on Market-Based Instruments, the Environmental Law Centre is pleased to introduce two new backgrounders to assist in understanding and implementing these tools.

Property Law: Market-Based Instruments and the Alberta Land Stewardship Act

Market-based instruments (MBIs) depend on the existence of property. For markets to attract sufficient participation, buyers and sellers need a sense of security which comes from clarity of property rights. Property rights need to be well defined and governed by rules for their creation, enforcement and termination. Unclear or inadequate property rights can discourage investment, and create need for additional legal protections in the form of contracts or regulations.

To view or download this backgrounder, click here: MBI Property Rights Backgrounder June 2016

Advanced Property Rights: Market-Based Instruments and Public Lands

This is a companion piece to our brief on Property Law and MBIs which looked at general legal issues associated with property that may be triggered with the use of MBIs. This brief looks at specific property law that may arise in some circumstances, including public lands and resources, separation of surface and subsurface rights, and Indigenous rights.

To view or download this backgrounder, click here: MBI Advanced Property Rights Backgrounder June 2016

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