Zimbabwe Quietly Re-Opens Lion Hunts After Outcry Over The Killing of “Cecil the Lion”

jonathanturley's avatarJONATHAN TURLEY

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I’m worried! I’m sympathising with organic farmers over a land use conflict!

Writing this blog of sound mind and sober disposition, I still have considerable sympathy with two organic farmers over a land use conflict they have with the neighbouring gun range.

blackstone nuisance

Local land use regulations allows a gun club to set up 600 m away with competitive shooting days all day for 88 days a year. That is a voluntary self restraint. They could hold shooting competitions every day of the year. The local land use regulations allow the use of guns on rural land. The gun club used this absence of a prohibition on the use of guns in the frequency of use to set up a gun range to fire guns all day long on rural land.

Now here is the rub. There something wrong with the concept of quiet enjoyment of your land if a neighbour can fire off a large amount of noises continuously. The occasional noise, the occasional gunshot yes, but all day? I live near the airport, but I knew it was there when we bought the property and the lands  was a little cheaper because of that.

The organic farmers are unusually pristine and prissy about what they want by neighbours to protect the sacredness of their more expensive snob food. I’m not too sure whether they would want to grant their neighbours an equal right to unusual land uses such as opening a gun range. That said, the organic farmers do have a point about a very noisy neighbouring land use that can be heard some distance away.

The organic farmers, of course, could have negotiated with their neighbours for covenants to restrict land use that undermine there are unusually pristine requirements for quiet enjoyment of their land and their neighbours land too. Easy to do when the land is first unused, but once economic activity accumulates, not so easy in terms of  transaction costs and hold-outs.

HT: Environmental Law 101 | Hoover Institution.

The economics of trophy hunting

TPP – Trojan Horse in a global race to the bottom

I can’t think of a single fact that this crank got right in this clip on the Trans-Pacific partnership agreement (TPPA).

Robert Reich, a Democratic party hack, referred to the TPPA as the biggest trade deal ever. He ignored a large number of multinational trade deals under the World Trade Organisation and the GATT such as the Uruguay round and the current Doha round.

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Reich claims the deal is negotiated in secret and later talks about its submission to the Congress for fast track.

Robert Reich claims that investor state dispute settlement allows challenges to any regulation and compensation for unfair reductions in profits. It is a far narrow criteria than that involving discrimination against foreigners.

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Currently, about 3000 international treaties give the ability to sue governments. Some 2700 of these are Bilateral Investment Treaties. The rest are trade treaties, including NAFTA. These treaties have spread rapidly around the world since the 1990s.

The TPP draft chapter says that the point of investment protection has long been “to encourage and promote the flow of investment…as a means to promote economic growth.”

At the same time, the TPP draft chapter specifically highlights “the inherent right to regulate…to protect legitimate public welfare objectives, such as public health, safety, the environment, the conservation of living or non-living exhaustible natural resources, and public morals.”

HT: People are freaking out about the Trans Pacific Partnership’s investor dispute settlement system. Why should you care? – The Washington Post.

Mark's avatarECONFIX

Robert Reich talks about the Trans Pacific Partnership and its implications especially if it is signed. It would be the largest trade deal in history representing 792 million people and accounting for 40% of the world economy. Well worth a look.

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Deirdre McCloskey’s speech on ‘Bourgeois Dignity’

The fates of two islands under constant threat from a neighbouring military colossus

Would the reckless maritime protests of @Greenpeace be tolerated on land?

Were the Greenpeace runabouts observing maritime safety rules such as avoiding collisions and giving way? Any protester that behaved like that in a car would be immediately arrested and charged.

Why it is tolerated in the high seas is beyond me when it would never be tolerated on the road. No one would pretend reckless driving was peaceful protest. Is it okay to behave recklessly in a boat? No one would accept that in a car on land.

Central to the notion of peaceful protest is fidelity to democracy and the rule of law. The idea is not to impose your will upon others, but to persuade the majority to reconsider their position by showing the passionate extent to which you disagree with them and honestly believe they are mistaken.

The civil disobedient is attempting to appeal to the “sense of justice” of the majority and a willingness to accept arrest is proof of the integrity of the act says Rawls:

…any interference with the civil liberties of others tends to obscure the civilly disobedient quality of one’s act.

Rawls argues that the use or threat of violence is incompatible with a reasoned appeal to fellow citizens to move them to change a law. The actions are not a means of coercing or frightening others into conforming to one’s wishes. That is a breach of the principles of a just society.

Turbine country versus fracking country

Cecil

Peter G. Klein's avatarOrganizations and Markets

| Peter Klein |

rs_300x300-150728134433-600.Cecil-The-Lion.jl.072815No doubt you’ve heard about Walter Palmer, the American dentist who shot the lion, “Cecil,” in Zimbabwe, pushing aside Sir Tim Hunt as the Internet’s Most Hated Person. (Aside from calling Palmer cruel and depraved — even wishing his death by bow and arrow — some are labeling him a sociopath, which makes me wonder, are lions now considered members of society? Orgheads?)

I don’t hunt and have no particular emotional attachment to lions, so I find the outrage level bewildering. However, I think this can be a teachable moment. Specifically, there are lessons here about trophy hunting and endangered species. Not surprisingly to anyone who has studied property-rights economics, there is evidence that allowing trophy hunting is a good means of protecting endangered species. This is a version of the general argument that defining and enforcing property rights in scarce resources, including wildlife, provides incentives…

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Jane Kelsey opposes handcuffs on the democratic choices of future governments! Does she oppose labour and environmental standards in trade agreements too?

Jane Kelsey in a television interview said she opposes the reductions in sovereignty in trade agreements that result from investor-state dispute settlement (ISDS) provisions because they limit the democratic choices of future governments.

If so, she must oppose environmental and labour standards in trade agreements and, more importantly, binding the hands of future governments with climate treaties. All international treaties are about restrictions on sovereignty.

Environmental and labour clauses in trade agreements and climate treaties all limit the powers of governments to legislate on environmental and employment law in accordance with the will of the people as expressed in the most recent election and change of government. Power to the people.

https://twitter.com/rorymccourt/status/625540621457960960

Jane Kelsey would do better focusing on those parts of the TPPA deal that lowers the net value of the deal such as those extending the term of patents over the drugs. All international treaties are about trade-offs.

The most important reason for focusing on intellectual property law in trade agreements is Kelsey is likely to actually win people over that are not on the far left, including many on the right of politics over to her cause. Kelsey is too busy rounding up the usual suspects.

Ranting about big corporate conspiracies and the investor state dispute settlement clauses puts people off.

These gusts of paranoia lose support on issues where there is common ground to be suspicious about the growing scope of trade agreements and their reach behind borders.

Regulatory harmonisation is advisable only when there are compelling reasons such as the prevention of hazards or technical compatibility of products – do the plugs fit into each other? As Sykes argues:

as a normative matter, harmonization is inferior to a legal system that tolerates regulatory differences subject to legal constraints, and that relies on mutual recognition where appropriate (the exception to this claim being matters of technical compatibility between products).

Related, as a positive manner, harmonization will often lack any political constituency and thus instances of true harmonization will be rare.

William Blackstone on the Resource Management Act (RMA)

blackstone nuisance

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Takings, property rights and democracy

Is the socialist solution to the Greek economic crisis working?

What is Free Banking and Why Should I Care?

Where not to invest in Europe

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