Germany

Hello team! To start off our research, I have provided some readings on both 'the Commons' and the idea of Commons within Germany in various contexts. Since we are doing a historical, socio-political, economic and legal analysis, I have gathered some initial scholarly articles and discussion to familiarize ourselves with the subject---it will provide a good foundation to begin our collective research. I encourage you all to post research here as you come across any helpful sources, so we may be up-to-date on each other's findings and ideas! --Hira

Hello Guys, let us classify our sources here as primary and secondary sources. I have made the structure and please check that all you have uploaded is not affected due to the organizational rearrangement. Asress [**Team**]

__**Primary sources**__
 * [[file:German water resource managment act.pdf]][Liang]**
 * [[file:German constitution.pdf]][Team], Article 14**


 * "**Property entails obligations. Its use shall also serve the public good“ (Article 14 Paragraph 2, German Constitution).**

This limitation is anchored in the Basic Law and designates the boundaries of common pool resources and their availability to individuals. This principle helps us recognize that each single use has implications for resources that belong to us all. Commons bring responsibility to those to contribute and take from it. 'Property will serve the public good', provides excellent foundations for a legal category of the commons. (Hira)

__**Secondary sources**__


 * [|German Law Journal] (See specifically Articles 18 an 19, and also Section III---although the entire article is a good overview of the Basic Law and the Federal Government-Public relationship) (Hira)**


 * [|Property as a Fundamental Constitutional Right?] This working paper from Cornell U (USA) looks at the OPPOSITE of this idea of the Commons, and looks at how private property is innate to German law. Read this piece to gain the different perspective and this sort of 'private property rights movement). (Hira)**


 * [|comparison: cooperative german law with road space in Hyderabad] Relevant for our historical analysis, this paper looks at the theory of the commons of German law historian Otto von Gierke from over 80 years prior, to the idea of an 'urban commons' in Hyderabad. (Hira)**


 * [|Private Forestry in Europe] Article discussing regulation of property rights and forestry in Europe---there are specific cases of this issue in Germany itself. (Hira)**


 * [[file:Federal Water Act.pdf]]This Act can show the management mechanism in Germany on water resource. We can especially focus on the licensing issue. (Liang)**


 * [[file:A Constitutional Framework for Private Governance∗.pdf]]It talks about the relationship between private regulators and government. Focusing on the private regulation without law section. (Liang)**
 * [[file:commons research sources.docx]]This is what I have written down about the resources. (Liang)**
 * [[file:local-control-management-water-commons.pdf]]This document is directly talking about the commons idea and giving cases. (Liang)**

This material has very brief discussion of evolution of German water law
 * [[file:Private property in natural resource and public weal in German- Latent similariteis with Public Trust.pdf]][Uploaded by** Asress**]**
 * Discuses the contradiction between article 14 of the constitution establishing private property right and the claims of the public over certain goods necessary for survival-natural resources. Hence it makes reference to the water resource management act.**
 * [[file:Introduction to water resource management in Germany.pdf]][Uploaded by** Asress**]**
 * This paper highlights the management of water resources and gives as overview of the water resource management act.**
 * [[file:comparative study of public purpose US, UK, GERMANY.pdf]][uploaded by** Asress**]**
 * This article compares the application of public purpose or interest in different jurisdiction including under article 14 of the German Constitution.**
 * [[file:Fabiam Thiel, Property entails obligation, land and property law in Germany- European- Asian Jouanal of Law and Governance.pdf]][uploaded by** Asress**]**
 * This article emphasizes that private property entails obligation of promoting public interest.**
 * [[file:Property as a Fundamental Constitutional Right- The German Exampl.pdf]][uploaded by** Asress**]**
 * [Uploaded by[[file:Water, Law, Science.pdf]]**Asress**]

[|Land and Property Law in Germany] An explaination of Articles 14 and 15 of the German Constitution (Lee-Anne)

[|H2O German's Formular for Success] A brief on Germany's water commons and their management of the water (Lee-Anne)

[|German Water Sector--Policies and Experiences] (Hira) "...documentation offers the reader a perception of the development of water body management in Germany and shows the conditions under which this management is economically and ecologically successful today."

[|The Creative Commons] New kind of common property formulated from Intellectual Property rights (Lee-Anne)

[|Property, Planning, and the “Homo Cooperativus”: Land as a natural resource affected with a strong public interest](Lee-Anne)

[|Water: Economics, Management and Demand] effective water management; the demand for reform (Hira)

[|Is Water an Economic Commodity?] (Hira)

[|The Economics of Property Rights] (Hira)

[|Success of Berlin Public Water Referendum] read this news article (Hira)