ABSTRACT
This chapter examines the example of property rights which have a built-in expectation of change such as water boundaries, to provide some models for global climate change-influenced rules. It analyses the incorporation of the moral hazard concept into property protection law to speculate how the risks of climate change can be incorporated into the law of property to provide a rationale for increased state regulatory power to deal with global climate change. The chapter deals with global climate change may require the state to create stable water boundaries that push private property boundaries landward. It examines how global climate change may change the physical or legal structure of property rights or increase the risk of enjoyment, but global climate change may also increase the legal protection of property at risk from global climate change. The chapter further explores how global climate change may introduce the concept of moral hazard into the duty of the state to compensate victims of excessive regulation.
