Regulatory Property Rights: The Transforming Notion of Property in Transnational Business Regulation, editor Christine Godt generates fresh impetus for rethinking modern property theory. The book’s central theme is the transformation of property in response to societal changes brought about by internationalization, digitalization and new forms of collective action. The contributions sketch a vision of modern property, which grew out of 18th and 19th century ideologies. It operates in the modern multilevel system, and is not confined to the nation state. It is conscious about the broad range of functionalities of the title holder with regard to managing international supply and distribution chains and modern rationalities of the capital market, and at the same time acknowledges the legitimate interests of third parties and modern forms of governance.
Christine Godt, Prof. Dr., is Professor of European and International Economic Law at Carl von Ossietzky University Oldenburg since 2010. She served as Director of Hanse Law School from 2010 to 2015. Her research focusses on IP, comparative property, and private and transnational environmental law.
Table of contents
Notes on Contributors
Christine Godt: Introduction - Property in Transformation
Challenges to Property Theory
1. Christine Godt: “Regulatory Property Rights” - A Challenge to Property Theory
2. Margherita Colangelo: Control of Global Business Transactions via Property? A Multi-disciplinary Approach
3. Sjef van Erp: Lex rei sitae: The Territorial Side of Classical Property Law
4. Jean-Michel Jude: The Major Innovations of the New European Regulation 2015/848 of 20 May 2015 on Insolvency Proceedings
5. Leon Verstappen: Multilevel Governance of Property Titles in Land: The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security
The Paradigm of Individuality
6. Alison Clarke/Rosalind Malcom: The Role of Property in Water Regulation: Locating Communal and Regulatory Property Rights on the Property Rights Spectrum
7. Hanri Mostert/Cheri-Leigh Young: Natural Resources as “Regulated Property”: The Challenges of Resource Stewardship in South Africa
8. Colin T. Reid: Employing Property Rights for Nature Conservation
Financialisation & Dematerilisation
9. Rüdiger Wilhelmi: Commodification and Financialization in the Energy Sector: Emission Allowances and Electricity
10. Christine Godt/Jonas Simon: In Rem Effects of Non-Exclusive Sub-licences in Insolvency
11. Viola Heutger: Derivatives in Maritime Freight: Novel Property Rights with Prospects and Pitfalls
12. Hans-W. Micklitz: Epilogue - Regulatory Property Rights and Regulatory Private Law
All interested in property rights and theory, comparative property studies, market & regulation interface, globalisation scholars in law, sociology, business and economics.