The subject of homesteading and original appropriation is well developed in our political theory and philosophy. However the problem of appropriation, although useful for handling unforeseeable future resources, does not deal with the very current problem of unappropriable resources, resources that are currently being forcibly excluded from private property. The process of assigning property rights to unappropriable resources has been labeled privatization. The question must now be asked, what kind of privatization is just, and what kind is economically efficient?
The first approach is to eliminate the restrictions on appropriation and let anyone who wishes homestead the now abandoned resources. That creates an ethical and economic problem that does not exist for regular homesteading. Because homesteading concerns resources that are only marginally valuable, the process of homesteading is orderly and peaceful. But because privatization involves resources which have a very well determined value, a race to appropriation occurs. It will then not be homesteaders who claim the resources but the fastest amongst many competing appropriators. It results in a new kind of tragedy of the commons.
The second approach is to claim that the taxpayers, because they have been expropriated to pay for these resources, should have first claim to ownership. That however leaves the problem of determining how much was paid in taxes by whom, and how these taxes are to be valued (protectionist privileges are hard to value). In the process of arbitrating these claims the resources will remain in limbo, and their exploitation and abuse will intensify. And who is to say that because one paid specific taxes, that translates to a right to own unrelated property? This is not an ethically and economically sound solution, and it cannot apply to plainly communal resources such as the ocean.
The process of privatization can be easily simplified. Because all members of society act towards an unappropriable resource with no regard to its future value, a result of their having no claim to its future value, no one has any right to being first in line to privatization. All forms of privatization, in so far as they create a guardian for the resource that will exclude exploitation and abuse, as well as making the resource available to the market and to economic calculation, is a legitimate grant of a property right. The economic consequence of this is that there will be a very strong incentive for members of the political class to appropriate these resources immediately and in their own favour, and then to sell them on the market to secure their wealth. This principle of privatization will produce the greatest number of privatization and economic efficiency, while not infringing the rights of anyone (as no one can claim any right to unappropriable resources).