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ITQs and Property Rights: A Review of Australian Case Law

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dc.contributor.author Sen, Sevaly en_US
dc.contributor.author Kaufmann, Barry en_US
dc.contributor.author Geen, Gerry en_US
dc.date.accessioned 2009-07-31T14:42:35Z
dc.date.available 2009-07-31T14:42:35Z
dc.date.issued 2000 en_US
dc.date.submitted 2008-03-06 en_US
dc.date.submitted 2008-03-06 en_US
dc.identifier.uri https://hdl.handle.net/10535/2123
dc.description.abstract "This paper discusses the legal concepts of property and property rights and examines how the Australian courts perceive fishing entitlements (licenses, ITQs and Individual Effort Units). On the basis of case law concerning the nature of other fishing entitlements, such as fishing licenses, the courts are likely to find that ITQs are proprietary in nature. However the Australian courts have found that fishing entitlements, although similar in terms of the privileges conferred, are not the common law property right of profit - prendre. They are a statutory entitlement. Compensation for modification and extinguishment of these rights depends on whether there is compensation payable under applicable legislation or on whether the plaintiffs can rely on constitutional guarantees of acquisition of property on just terms. The courts have clearly indicated that fishing entitlements are rights created by government as means of regulating the fishing industry and are thus governed by the legislation that created them. By annulling that legislation, the entitlement no longer exists. By modifying the legislation, the entitlement is redefined. However, until there is a relevant Australian case on ITQs, it remains to be seen whether the courts will view them any differently to other fishing entitlements." en_US
dc.subject fisheries en_US
dc.subject ITQs en_US
dc.subject property rights en_US
dc.subject law en_US
dc.title ITQs and Property Rights: A Review of Australian Case Law en_US
dc.type Conference Paper en_US
dc.coverage.region Pacific and Australia en_US
dc.coverage.country Australia en_US
dc.subject.sector Fisheries en_US
dc.identifier.citationconference International Institute of Fisheries Economics and Trade 2000 en_US
dc.identifier.citationconfdates July 10-15, 2000 en_US
dc.identifier.citationconfloc Corvallis, OR en_US
dc.submitter.email rshivakoti@yahoo.com en_US

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