Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Regulation

2013

SelectedWorks

Jianlin Chen

Articles 1 - 1 of 1

Full-Text Articles in Law

Property Rights Arrangement In Emerging Natural Resources: A Case Study Of China’S Nationalization Of Wind And Sunlight, Jianlin Chen, Jiongzhe Cui Jan 2013

Property Rights Arrangement In Emerging Natural Resources: A Case Study Of China’S Nationalization Of Wind And Sunlight, Jianlin Chen, Jiongzhe Cui

Jianlin Chen

The passage of the Heilongjiang Province Regulation on Climate Resources Survey and Protection (the “Regulation”) that regulates wind and solar energy generation sparked a public furor because it contains a provision that stipulates, “climate resources are owned by the state.” As a case study of this regulatory attempt to manage emerging natural resources, this Article makes the following three arguments. First, the “nationalization” provision in the Regulation is legally compatible with Chinese law that conceives of public property as state-owned property and not as property that requires public access. Second, a clear designation of the state as the manager of …