Rethinking Property Rights in the Age of Climate Change: Lessons from the Japanese Commons and the Italian Approach
Abstract
This article reflects on the role of property in addressing climate change and environmental degradation through the lens of the theory of goods. It examines the relationship between private property and commons as tools for sustainability, drawing on the foundational debates sparked by Hardin, Ostrom and Heller, as well as recent discussions in Japan and Italy. The aim is to highlight the strengths and limits of current legal frameworks and to explore how property law might evolve, even beyond the domain of environmental law, to promote sustainability, equitable access to resources and protection of future generations.
Presentato: 22 Luglio 2025 | Accettato: 16 Dicembre 2025 | Pubblicato 20 Maggio 2026 | Lingua: en
Keywords Private property • Échelle de communalité • Social sustainability • Assetti fondiari collettivi • Dominii collettivi • Beni comuni • Environmental sustainability • Satoyama • Environmental commons • Anticommons • Usi civici • Commons • Iriai
Copyright © 2025 Francesca Rotolo. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.
Permalink http://doi.org/10.30687/RIDAO/3035-5591/2025/01/003