JEL Revised Article 30th April.pdf (426.38 kB)
Narratives of capital versus narratives of community: conservation covenants and the private regulation of land use
Drawing on experiences in other jurisdictions, this article takes the Law Commission’s 2014 proposals for the introduction of a ‘conservation covenant’ as occasion for reflection on the problems with utilising private law mechanisms as vehicles for furthering the collective interest in environmental protection. It argues that the certainty and security provided by private property relations may come at the expense of openness to environmental and social complexity, raising concerns regarding environmental justice. It considers how the legitimacy of any reform might be increased, arguing that fairer provision of opportunities for public involvement would be necessary to secure the promised public environmental benefits. It highlights the potential for better collection and dissemination of information about covenants and for the involvement of a more diverse range of actors in monitoring and enforcement. Overall, however, the primary role of the parties to a conservation covenant limits the extent to which it could be a suitable mechanism for setting or securing public conservation priorities.
History
Publication status
- Published
File Version
- Accepted version
Journal
Journal of Environmental LawISSN
0952-8873Publisher
Oxford University PressExternal DOI
Issue
1Volume
30Page range
55-81Department affiliated with
- Law Publications
Research groups affiliated with
- Sussex Sustainability Research Programme Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2017-07-24First Open Access (FOA) Date
2019-11-23First Compliant Deposit (FCD) Date
2017-07-21Usage metrics
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