Eight Ball Leather Jacket

Environmental Law. 6.

Fragment of manuscript:)) So - Neprichesanoe.

Key provisions of the new institutional theory I seem to be quite applicable for analysis of the processes of public participation, which can be represented as a set of "transactions" (agreements) between the parties with economic interests.

One of the founders new institutional theory of Ronald Coase and his followers were considered a very broad context of transactions, including those associated with drawing "Environmental" damage. One of them is considered Help Roman Kapelyushnikov .

followers of Coase's theorem was formulated, named after him and became one of the key theorems neoinstitutsionalizma. It reads: "if property rights are clearly defined and transaction costs are zero , then the allocation of resources (production structure), as determined in the course of trading (transactions) will remain unchanged and effective regardless from changes in the distribution of property rights. "

regard to public discussion of the design documentation can be said that it would allow develop an effective solution in cases where the clearly defined rights (ownership) of the participants of the transaction and transaction costs are zero. How these assumptions are satisfied?

In conflicts around these projects and economic activity face a real property right, and environmental rights: the right to a healthy environment, an environment of life, etc. From the perspective of institutional economics These rights are not worse than property rights. It is quite possible to present the deal, which records, for example, the agreement affect the illumination in an apartment in exchange for to some monetary compensation.

However, in Russia, recognition of environmental rights is largely dependent on the arbitrary decisions of officials, because it is "competent authorities" make commit violations, and give an interpretation favorable or unfavorable environmental environment. That is what leads to the fact that environmental issues fall out of public debate, because the arguments addressed to the "environmental rights" are not "solid": at any moment can be disavowed official.

Other adverse environmental property rights in Russia is that they have a "threshold" character: the regulations establish certain thresholds that separate the "favorable" state of the environment from "unfavorable." In view of these circumstances, any change in environmental quality to the threshold value "worth nothing", how have materially from the perspective of the citizens it was not because it is impossible for him to demand any compensation. But any changes in the environment that lead to exceed the threshold, no matter how small they were compared with the accumulated damage to environment, "stand" for as long as the project itself economic activity, since they allow to demand its closure in accordance with applicable law.

These properties make it difficult generation of cost-effective public agreements based on the concept of environmental rights.