The environmental implications of redistributive land reform

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Combe, Malcolm M. (2016) The environmental implications of redistributive land reform. Environmental Law Review, 18 (2). pp. 104-125. ISSN 1461-4529 (https://doi.org/10.1177/1461452916646660)

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Abstract

Ownership of land is important for a number of reasons. One reason is the agenda setting role the landowner has in terms of its use, which in turn has an impact on the environment. Environmental law plays a role in regulating the use of land, as do other devices such as planning law and private law controls including the law of nuisance, but absent such regulation the decisions of the owner are crucial. Land reform, by which it is meant the process that is geared towards the reallocation of property rights, either: changes who is invested with that crucial decision-making power; or influences the decision making of an existing owner, who might act in a way to negate any policy argument for reallocation of ownership. Both of these reactions can impact on the environment. How well are those impacts understood, and to what extent do they feature in the law-making process or the application of land reform measures? This paper will use the contemporary Scottish scene, particularly its two land reform statutes of 2003 and 2016, to scrutinise where the environment sits in the land reform debate there, which in turn will provide an opportunity to assess the environmental impact of specific land reform measures and where the environment has featured in a specific land reform process.

ORCID iDs

Combe, Malcolm M. ORCID logoORCID: https://orcid.org/0000-0002-1711-9150;
  • Item type:Article
    ID code:71053
    Dates:
    Date
    Event
    10 June 2016
    Published
    6 April 2016
    Accepted
    Notes:Acknowledgements Thank you to the two anonymous referees who commented on this piece. Conflict of interest The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article. Funding The author(s) received no financial support for the research, authorship, and/or publication of this article.
    Subjects:Law
    Department:Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law
    Depositing user: Pure Administrator
    Date deposited:09 Jan 2020 11:31
    Last modified:11 Nov 2024 12:33
    URI:https://strathprints.strath.ac.uk/id/eprint/71053
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