Bring back our beaches

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The Beach: The History of Paradise on Earth. That’s the title of a new book that describes the western world’s love affair with beaches. For over a century, we have flocked to sandy shores to escape summer’s heat, to seek spiritual and artistic inspiration, and above all, to have fun. Sadly, many of our beaches are anything but paradises these days. Contaminated by human sewage, they have become sources of sickness rather than delight.

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The Common Law and the Environment: The Canadian Experience

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A chapter from Who Owns the Environment?, a collection of essays edited by Peter Hill and Roger Meiners exploring the theory that environmental concerns are essentially property rights issues. In this chapter, Elizabeth Brubaker reviews the ancient roots of contemporary property rights and traces their evolution in Canada. She describes the ways in which concerned citizens have used their property rights to clean up and to prevent pollution. She then chronicles successive governments’ efforts to replace the common law with statutes and regulations governing the environment. Lastly, she recommends restoring strong property rights in order to return control over environmental degradation to those most directly affected by it.

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Privatizing Water Supply and Sewage Treatment: How Far Should We Go?

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This paper, published in Journal des Economistes et des Etudes Humaines, was prepared for Property Rights, Economics & Environment: Water Resources, an international conference organised by the Centre d’Analyse Economique and the International Center for Research on Environmental Issues in 1998. In the paper, Elizabeth Brubaker compares four approaches to the privatization and regulation of water and sewage utilities and explores the environmental implications of each approach.

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What do you think of the state of Canada’s beaches?

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Public health authorities routinely close, or "post," beaches when high levels of bacteria contaminate bordering waters, scaring off would-be swimmers with signs typically reading: "Warning. Polluted waters. Swim at your own risk." During the summer of 1996, Toronto Public Health Services posted beaches on the city’s west side three quarters of the time. Some years the department has warned swimmers away for virtually the entire summer. Recent years have also seen closings elsewhere along the Great Lakes shoreline, from Thunder Bay to the St. Lawrence River. In the nation’s capital, The Ottawa Citizen has described BritanniaBeach on the Ottawa River as "a giant toilet that doesn’t always flush."

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Depoliticizing Canada’s fisheries

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Politics – not science – drives far too many decisions at the government department in charge of Canada’s fisheries. The extent to which the Department of Fisheries and Oceans (DFO) has become politicized, and the tragic results, have been made frighteningly clear over the course of the past year.

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The Common Law Approach to Pollution Prevention

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A transcript of a roundtable discussion, hosted by the Center for Private Conservation, between Hope Babcock, Elizabeth Brubaker, David Schoenbrod, and Bruce Yandle. Explores the promise and pitfalls of applying common law remedies to contemporary environmental concerns.

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The Public Good: Which Public? Whose Good?

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In this presentation to a Student Seminar on Public Policy Issues, held in Toronto, Ontario, in November 1997, Elizabeth Brubaker argues that remote, centralized governments, driven by political considerations and insensitive to local circumstances, are not the best guardians of the public good. Environmental problems require a diversity of solutions devised by those most affected. Good information and strong property rights give people both tools and incentives to use their resources sustainably.

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Preserving Canada’s fisheries

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This summer, we received a letter from an Australian lobster fisher. He had just met a Canadian fisher, who had given him a photocopy of an Environment Probe chapter from a book about the crisis in our Atlantic fisheries. Excited about our ideas, he invited us to speak at a conference of fishers, fisheries managers, and scientists from Australia and New Zealand.

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Property Rights: Creating Incentives and Tools for Sustainable Fisheries Management

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The keynote address to the Tri-State Rock Lobster Industry Conference, held in Adelaide, Australia, on September 8, 1997. In it, Elizabeth Brubaker argues that governments should put control over fisheries into the hands of fishers. She examines the political pressures and bureaucratic structures that deprive government managers of the incentives and tools necessary to make sustainable decisions. She calls for systems of self-managed ownership that remove decisions about catches and habitat from the political arena.

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Property Rights in the Defence of Nature: Review in Journal of Environmental Planning and Mangement

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This book celebrates the potential of the traditional common law of nuisance as a framework for protecting the environment. Ms. Brubaker unashamedly assumes that private property owners are the best guardians for the purity of rivers and the clarity of the atmosphere. She provides striking illustrations of how those with property rights may be driven by economic common sense to protect natural resources, if they are fully informed and if they are given the freedom to act.

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The Sale of Canadian Water to the United States: A Review of Proposals, Agreements and Policies

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A review of proposals, agreements and policies regarding large scale interbasin exports.

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Property Rights and the Defence of Nature: Review

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This is a high-spirited, well-written and informa­tive book on the law as the protector of the environ­ment, a book to be recommended to students in en­vironmental studies and law and economics, a book made more interesting, challenging and useful because its prescriptions are, in my opinion, largely wrong.

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Fishing for Dollars

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How do fishermen behave? When holding clear rights, do they exploit fisheries recklessly or manage them sustainably? Can we trust them? Such questions are at the heart of the debate over the wisdom of establishing property rights in fish.
 

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Self-interest lure to reel in fisheries solution

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How do fishers behave? When holding clear rights, do they exploit fisheries recklessly or manage them sustainably? Can we trust them?

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Private fisheries won’t work

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In an article in the Ottawa Citizen, David Lavigne takes issue with Environment Probe’s proposal to establish property rights in fisheries. Continue reading

Bring back our beaches

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This article, from The Next City, reviews the inadequate sewage treatment processes and the regulatory failures that have led to the closing of beaches across Canada. It documents the environmental benefits arising from the privatization of sewage treatment in England and Wales and examines the institutional changes responsible. It concludes that privatization, if done right, could clean up our beaches.

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How to save fish…and fishers

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The current debate over West Coast salmon, focusing on who should catch how many fish, has obscured another threat to salmon: habitat destruction. 

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The Allocation of Commercial Fishing Rights within the Great Lakes

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This paper, by Evadne Liuson, reviews the agencies and instruments regulating recreational, Aboriginal, and commercial fishing on the Canadian Great Lakes, with a focus on the Individual Transferable Quotas governing Ontario’s commercial fisheries. Continue reading

Endangered Species Protection in Canada: An Overview

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An overview of existing and proposed laws – provincial and federal – that can be used to protect endangered species and their habitat.

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Vandalism Masquerading as Progress: A History of Lake Ontario’s Fisheries

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Part One of this paper by Martin Nantel reviews the ecological transformation that occurred in Lake Ontario after 1750 and the factors – including overfishing, habitat destruction, and the introduction of exotic species – that contributed to it. Part Two examines the institutions – including the open access regime and “progressive” fisheries management – responsible for the transformation. The paper concludes by arguing for new, locally appropriate institutional arrangements that will set Lake Ontario and its fisheries on an ecologically, economically, and socially sustainable course. Continue reading