Doc Edward Morbius ⭕​ · @dredmorbius
2082 followers · 14677 posts · Server toot.cat

@benhamill The Strait Dope covered this in 2015, for another opinion. TL;DR: no established law.

straightdope.com/21344309/do-p

The question's come up in several contexts.

is a (case law) doctrine which arose from wild game but which came to be applied to mineral rights, notably water, oil, and gas. It's ... really bad law, IMO, but still serves as precedent.

Mineral rights played a role in the Iraq-Kuwait War of 1992, in which Iraq claimed Kuwait was tapping oil reservoirs within Iraq's borders.

It's also been mooted in the context of carbon capture:
cambridge.org/core/journals/in

It's worth recognising that much law is based on 1) experienced conflicts and 2) effectual enforcement ability. Maritime territorial waters came to be defined largely by the effective range of shore-based cannon. Five-mile guns -> five-mile law. 20-mile guns -> 20 mile law. 200 miles isn't the outer bound of radar and fighter aircraft or missiles, but does reflect a reasonable limit for same. Note that the US claims airspace (and transit fees) for much of the Pacific Ocean AFAIR.

#ruleofcapture #commonlaw #propertyrights #SovereignTerritory #SubterraneanRights #mineralrights #law

Last updated 3 years ago

Doc Edward Morbius ⭕​ · @dredmorbius
2070 followers · 14629 posts · Server toot.cat

@pluralistic And if you want to dive down a rabbit hole, there's the set of interrelationships between economics, law, property, externalities, religion, monopoly, and oil through the Rule of Capture, Texas case law, Union Oil, Biola University (Bible Institute of Los Angeles), Lyman Stewart, the science of geology (and its joined-at-the-crotch relationship with the oil industry), the Fundamentals (of Christian Fundamentalism), young-earth creationism, Harold Hotelling, University of Chicago, Standard Oil, Hotelling's Rule (of natural resources pricing ... which does not in fact describe pricing behaviour).

mastodon.cloud/@dredmorbius/99

old.reddit.com/r/dredmorbius/c

(Inspired back on G+ when someone asked if there might be any relationship between the oil industry and religious-based denials of evolution, age of the earth, and of course, anthropogenic climate change. Yes. Yes there is...)

#ruleofcapture #LymanStewart #UnionOil #BiolaUniversity #HotellingsRule #theFundamentals #ChicagoSchool

Last updated 3 years ago