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Sunday, May 19, 2024

Liquefied petroleum gas

From Wikipedia, the free encyclopedia
LPG storage spheres
Two 45 kg (99 lb) LPG gas cylinders in New Zealand used for domestic supply
LPG minibuses in Hong Kong
A dual fuel LPG-powered Ford Falcon taxicab in Perth, Australia
Tank cars in a Canadian train for carrying liquid petroleum gas by rail

Liquefied petroleum gas, also referred to as liquid petroleum gas (LPG or LP gas), is a fuel gas which contains a flammable mixture of hydrocarbon gases, specifically propane, n-butane and isobutane. It can sometimes contain some propylene, butylene, and isobutene.

LPG is used as a fuel gas in heating appliances, cooking equipment, and vehicles. It is increasingly used as an aerosol propellant and a refrigerant, replacing chlorofluorocarbons in an effort to reduce damage to the ozone layer. When specifically used as a vehicle fuel, it is often referred to as autogas or even just as gas.

Varieties of LPG that are bought and sold include mixes that are mostly propane (C
3
H
8
), mostly butane (C
4
H
10
), and, most commonly, mixes including both propane and butane. In the northern hemisphere winter, the mixes contain more propane, while in summer, they contain more butane. In the United States, mainly two grades of LPG are sold: commercial propane and HD-5. These specifications are published by the Gas Processors Association (GPA) and the American Society of Testing and Materials. Propane/butane blends are also listed in these specifications.

Propylene, butylenes and various other hydrocarbons are usually also present in small concentrations such as C2H6, CH4, and C3H8. HD-5 limits the amount of propylene that can be placed in LPG to 5% and is utilized as an autogas specification. A powerful odorant, ethanethiol, is added so that leaks can be detected easily. The internationally recognized European Standard is EN 589. In the United States, tetrahydrothiophene (thiophane) or amyl mercaptan are also approved odorants, although neither is currently being utilized.

LPG is prepared by refining petroleum or "wet" natural gas, and is almost entirely derived from fossil fuel sources, being manufactured during the refining of petroleum (crude oil), or extracted from petroleum or natural gas streams as they emerge from the ground. It was first produced in 1910 by Walter O. Snelling, and the first commercial products appeared in 1912. It currently provides about 3% of all energy consumed, and burns relatively cleanly with no soot and very little sulfur emission. As it is a gas, it does not pose ground or water pollution hazards, but it can cause air pollution. LPG has a typical specific calorific value of 46.1 MJ/kg compared with 42.5 MJ/kg for fuel oil and 43.5 MJ/kg for premium grade petrol (gasoline). However, its energy density per volume unit of 26 MJ/L is lower than either that of petrol or fuel oil, as its relative density is lower (about 0.5–0.58 kg/L, compared to 0.71–0.77 kg/L for gasoline). As the density and vapor pressure of LPG (or its components) change significantly with temperature, this fact must be considered every time when the application is connected with safety or custody transfer operations, e.g. typical cuttoff level option for LPG reservoir is 85%.

Besides its use as an energy carrier, LPG is also a promising feedstock in the chemical industry for the synthesis of olefins such as ethylene, propylene,

As its boiling point is below room temperature, LPG will evaporate quickly at normal temperatures and pressures and is usually supplied in pressurized steel vessels. They are typically filled to 80–85% of their capacity to allow for thermal expansion of the contained liquid. The ratio of the densities of the liquid and vapor varies depending on composition, pressure, and temperature, but is typically around 250:1. The pressure at which LPG becomes liquid, called its vapour pressure, likewise varies depending on composition and temperature; for example, it is approximately 220 kilopascals (32 psi) for pure butane at 20 °C (68 °F), and approximately 2,200 kilopascals (320 psi) for pure propane at 55 °C (131 °F). LPG in its gaseous phase is still heavier than air, unlike natural gas, and thus will flow along floors and tend to settle in low spots, such as basements. There are two main dangers to this. The first is a possible explosion if the mixture of LPG and air is within the explosive limits and there is an ignition source. The second is suffocation due to LPG displacing air, causing a decrease in oxygen concentration.

A full LPG gas cylinder contains 86% liquid; the ullage volume will contain vapour at a pressure that varies with temperature.

Uses

LPG has a wide variety of uses in many different markets as an efficient fuel container in the agricultural, recreation, hospitality, industrial, construction, sailing and fishing sectors. It can serve as fuel for cooking, central heating and water heating and is a particularly cost-effective and efficient way to heat off-grid homes.

Cooking

LPG is used for cooking in many countries for economic reasons, for convenience or because it is the preferred fuel source.

In India, nearly 8.9 million tons of LPG were consumed in the six months between April and September 2016 in the domestic sector, mainly for cooking. The number of domestic connections are 215 million (i.e., one connection for every six people) with a circulation of more than 350 million LPG cylinders. Most of the LPG requirement is imported. Piped city gas supply in India is not yet developed on a major scale. LPG is subsidised by the Indian government for domestic users. An increase in LPG prices has been a politically sensitive matter in India as it potentially affects the middle class voting pattern.

LPG was once a standard cooking fuel in Hong Kong; however, the continued expansion of town gas to newer buildings has reduced LPG usage to less than 24% of residential units. However, other than electric, induction, or infrared stoves, LPG-fueled stoves are the only type available in most suburban villages and many public housing estates.

LPG is the most common cooking fuel in Brazilian urban areas, being used in virtually all households, with the exception of the cities of Rio de Janeiro and São Paulo, which have a natural gas pipeline infrastructure. Since 2001, poor families receive a government grant ("Vale Gás") used exclusively for the acquisition of LPG. Since 2003, this grant is part of the government's main social welfare program ("Bolsa Família"). Also, since 2005, the national oil company Petrobras differentiates between LPG destined for cooking and LPG destined for other uses, establishing a lower price for the former. This is a result of a directive from the Brazilian federal government, but its discontinuation is currently being debated.

LPG is commonly used in North America for domestic cooking and outdoor grilling.

Rural heating

LPG cylinders in India
Liquefied petroleum gas tank on a rural farm

Predominantly in Europe and rural parts of many countries, LPG can provide an alternative to electric heating, heating oil, or kerosene. LPG is most often used in areas that do not have direct access to piped natural gas. In the UK about 200,000 households use LPG for heating.

LPG can be used as a power source for combined heat and power technologies (CHP). CHP is the process of generating both electrical power and useful heat from a single fuel source. This technology has allowed LPG to be used not just as fuel for heating and cooking, but also for decentralized generation of electricity.

Bottling LPG in the Marshall Islands for storage

LPG can be stored in a variety of manners. LPG, as with other fossil fuels, can be combined with renewable power sources to provide greater reliability while still achieving some reduction in CO2 emissions. However, as opposed to wind and solar renewable energy sources, LPG can be used as a standalone energy source without the prohibitive expense of electrical energy storage. In many climates renewable sources such as solar and wind power would still require the construction, installation and maintenance of reliable baseload power sources such as LPG fueled generation to provide electrical power during the entire year. 100% wind/solar is possible, the caveat being that the expense of the additional generation capacity necessary to charge batteries plus the cost of battery electrical storage makes this option economically feasible in only a minority of situations.

Motor fuel

LPG filling connector on a Skoda 120
White-bordered green diamond symbol used on LPG-powered vehicles in China

When LPG is used to fuel internal combustion engines, it is often referred to as autogas or auto propane. In some countries, it has been used since the 1940s as a petrol alternative for spark ignition engines. In some countries, there are additives in the liquid that extend engine life and the ratio of butane to propane is kept quite precise in fuel LPG. Two recent studies have examined LPG-fuel-oil fuel mixes and found that smoke emissions and fuel consumption are reduced but hydrocarbon emissions are increased. The studies were split on CO emissions, with one finding significant increases, and the other finding slight increases at low engine load but a considerable decrease at high engine load. Its advantage is that it is non-toxic, non-corrosive and free of tetraethyllead or any additives, and has a high octane rating (102–108 RON depending on local specifications). It burns more cleanly than petrol or fuel-oil and is especially free of the particulates present in the latter.

LPG has a lower energy density per liter than either petrol or fuel-oil, so the equivalent fuel consumption is higher. Many governments impose less tax on LPG than on petrol or fuel-oil, which helps offset the greater consumption of LPG than of petrol or fuel-oil. However, in many European countries, this tax break is often compensated by a much higher annual tax on cars using LPG than on cars using petrol or fuel-oil. Propane is the third most widely used motor fuel in the world. 2013 estimates are that over 24.9 million vehicles are fueled by propane gas worldwide. Over 25 million tonnes (over 9 billion US gallons) are used annually as a vehicle fuel.

Not all automobile engines are suitable for use with LPG as a fuel. LPG provides less upper cylinder lubrication than petrol or diesel, so LPG-fueled engines are more prone to valve wear if they are not suitably modified. Many modern common rail diesel engines respond well to LPG use as a supplementary fuel. This is where LPG is used as fuel as well as diesel. Systems are now available that integrate with OEM engine management systems.

Conversion kits can switch a vehicle dedicated to gasoline to using a dual system, in which both gasoline and LPG are used in the same vehicle.

In 2020, BW LPG successfully retrofitted a Very Large Gas Carrier (VLGC) with LPG propulsion technology, pioneering LPG's application in large-scale maritime operations. LPG’s lowers emissions of carbon dioxide, sulfur oxides, nitrogen oxides, and particulate matter align with stricter standards set by the International Maritime Organization (IMO), making LPG a viable transition option as the maritime industry transitions towards net zero carbon emissions.

Conversion to gasoline

LPG can be converted into alkylate which is a premium gasoline blending stock because it has exceptional anti-knock properties and gives clean burning.

Refrigeration

LPG is instrumental in providing off-the-grid refrigeration, usually by means of a gas absorption refrigerator.

Blended from pure, dry propane (refrigerant designator R-290) and isobutane (R-600a) the blend "R-290a" has negligible ozone depletion potential, very low global warming potential and can serve as a functional replacement for R-12, R-22, R-134a and other chlorofluorocarbon or hydrofluorocarbon refrigerants in conventional stationary refrigeration and air conditioning systems.

Such substitution is widely prohibited or discouraged in motor vehicle air conditioning systems, on the grounds that using flammable hydrocarbons in systems originally designed to carry non-flammable refrigerant presents a significant risk of fire or explosion.

Vendors and advocates of hydrocarbon refrigerants argue against such bans on the grounds that there have been very few such incidents relative to the number of vehicle air conditioning systems filled with hydrocarbons. One particular test, conducted by a professor at the University of New South Wales, unintentionally tested the worst-case scenario of a sudden and complete refrigerant expulsion into the passenger compartment followed by subsequent ignition. He and several others in the car sustained minor burns to their face, ears, and hands, and several observers received lacerations from the burst glass of the front passenger window. No one was seriously injured.

Propellant

Chlorofluorocarbons (CFCs) were once often used as propellants, but since the Montreal Protocol came into force in 1989, they have been replaced in nearly every country due to the negative effects CFCs have on Earth's ozone layer. The most common replacements of CFCs are mixtures of volatile hydrocarbons, typically propane, n-butane and isobutane. Dimethyl ether (DME) and methyl ethyl ether are also used. All these have the disadvantage of being flammable. Nitrous oxide and carbon dioxide are also used as propellants to deliver foodstuffs (for example, whipped cream and cooking spray). Medicinal aerosols such as asthma inhalers use hydrofluoroalkanes (HFA): either HFA 134a (1,1,1,2,-tetrafluoroethane) or HFA 227 (1,1,1,2,3,3,3-heptafluoropropane) or combinations of the two. More recently, liquid hydrofluoroolefin (HFO) propellants have become more widely adopted in aerosol systems due to their relatively low vapor pressure, low global warming potential (GWP), and nonflammability. Manual pump sprays can be used as an alternative to a stored propellant.

Global production

Global LPG production reached over 292 million metric tons per year (Mt/a) in 2015, while global LPG consumption to over 284 Mt/a. 62% of LPG is extracted from natural gas while the rest is produced by petroleum refineries from crude oil. 44% of global consumption is in the domestic sector. The U.S. is the leading producer and exporter of LPG.

Security of supply

Because of the natural gas and the oil-refining industry, Europe is almost self-sufficient in LPG. Europe's security of supply is further safeguarded by:

  • a wide range of sources, both inside and outside Europe;
  • a flexible supply chain via water, rail and road with numerous routes and entry points into Europe.

According to 2010–12 estimates, proven world reserves of natural gas, from which most LPG is derived, stand at 300 trillion cubic meters (10,600 trillion cubic feet). Production continues to grow at an average annual rate of 2.2%.

Comparison with natural gas

LPG is composed mainly of propane and butane, while natural gas is composed of the lighter methane and ethane. LPG, vaporised and at atmospheric pressure, has a higher calorific value (46 MJ/m3 equivalent to 12.8 kWh/m3) than natural gas (methane) (38 MJ/m3 equivalent to 10.6 kWh/m3), which means that LPG cannot simply be substituted for natural gas. In order to allow the use of the same burner controls and to provide for similar combustion characteristics, LPG can be mixed with air to produce a synthetic natural gas (SNG) that can be easily substituted. LPG/air mixing ratios average 60/40, though this is widely variable based on the gases making up the LPG. The method for determining the mixing ratios is by calculating the Wobbe index of the mix. Gases having the same Wobbe index are held to be interchangeable.

LPG-based SNG is used in emergency backup systems for many public, industrial and military installations, and many utilities use LPG peak shaving plants in times of high demand to make up shortages in natural gas supplied to their distributions systems. LPG-SNG installations are also used during initial gas system introductions when the distribution infrastructure is in place before gas supplies can be connected. Developing markets in India and China (among others) use LPG-SNG systems to build up customer bases prior to expanding existing natural gas systems.

LPG-based SNG or natural gas with localized storage and piping distribution network to the households for catering to each cluster of 5000 domestic consumers can be planned under the initial phase of the city gas network system. This would eliminate the last mile LPG cylinders road transport which is a cause of traffic and safety hurdles in Indian cities. These localized natural gas networks are successfully operating in Japan with feasibility to get connected to wider networks in both villages and cities.

Environmental effects

Commercially available LPG is currently derived mainly from fossil fuels. Burning LPG releases carbon dioxide, a greenhouse gas. The reaction also produces some carbon monoxide. LPG does, however, release less CO
2
per unit of energy than does coal or oil, but more than natural gas. It emits 81% of the CO
2
per kWh produced by oil, 70% of that of coal, and less than 50% of that emitted by coal-generated electricity distributed via the grid. Being a mix of propane and butane, LPG emits less carbon per joule than butane but more carbon per joule than propane.

LPG burns more cleanly than higher molecular weight hydrocarbons because it releases less particulate matter.

As it is much less polluting than most traditional solid-fuel stoves, replacing cookstoves used in developing countries with LPG is one of the key strategies adopted to reduce household air pollution in the developing world.

Fire/explosion risk and mitigation

LPG Horton sphere tanks at a Repsol Butano facility in Gijón, Spain

In a refinery or gas plant, LPG must be stored in pressure vessels. These containers are either cylindrical and horizontal (sometimes referred to as bullet tanks) or spherical (of the Horton sphere type). Typically, these vessels are designed and manufactured according to some code. In the United States, this code is governed by the American Society of Mechanical Engineers (ASME).

LPG containers have pressure relief valves, such that when subjected to exterior heating sources, they will vent LPGs to the atmosphere or a flare stack.

If a tank is subjected to a fire of sufficient duration and intensity, it can undergo a boiling liquid expanding vapor explosion (BLEVE). This is typically a concern for large refineries and petrochemical plants that maintain very large containers. In general, tanks are designed so that the product will vent faster than pressure can build to dangerous levels.

One remedy that is utilized in industrial settings is to equip such containers with a measure to provide a fire-resistance rating. Large, spherical LPG containers may have up to a 15 cm steel wall thickness. They are equipped with an approved pressure relief valve. A large fire in the vicinity of the vessel will increase its temperature and pressure. The relief valve on the top is designed to vent off excess pressure in order to prevent the rupture of the container itself. Given a fire of sufficient duration and intensity, the pressure being generated by the boiling and expanding gas can exceed the ability of the valve to vent the excess. Alternatively, if, due to continued venting, the liquid level drops below the area being heated, the tank structure can be overheated and subsequently weakened in that area. If either occurs, the container may rupture violently, launching pieces of the vessel at high velocity, while the released products can ignite as well, potentially causing catastrophic damage to anything nearby, including other containers.

People can be exposed to LPG in the workplace by breathing it in, skin contact, and eye contact. The Occupational Safety and Health Administration (OSHA) has set the legal limit (Permissible exposure limit) for LPG exposure in the workplace as 1000 ppm (1800 mg/m3) over an 8-hour workday. The National Institute for Occupational Safety and Health (NIOSH) has set a recommended exposure limit (REL) of 1000 ppm (1800 mg/m3) over an 8-hour workday. At levels of 2000 ppm, 10% of the lower explosive limit, LPG is considered immediately dangerous to life and health (due solely to safety considerations pertaining to risk of explosion).

Saturday, May 18, 2024

Butane

From Wikipedia, the free encyclopedia

Properties
C4H10
Molar mass 58.124 g·mol−1
Appearance Colorless gas
Odor Gasoline-like or natural gas-like
Density 2.48 kg/m3 (at 15 °C (59 °F))
Melting point −140 to −134 °C; −220 to −209 °F; 133 to 139 K
Boiling point −1 to 1 °C; 30 to 34 °F; 272 to 274 K
61 mg/L (at 20 °C (68 °F))
log P 2.745
Vapor pressure ~170 kPa at 283 K 
11 nmol Pa−1 kg−1
−57.4·10−6 cm3/mol
Thermochemistry
98.49 J/(K·mol)
−126.3–−124.9 kJ/mol
−2.8781–−2.8769 MJ/mol
Hazards
GHS labelling:
GHS02: Flammable GHS04: Compressed Gas
Danger
H220
P210
NFPA 704 (fire diamond)
Flash point −60 °C (−76 °F; 213 K)
405 °C (761 °F; 678 K)
Explosive limits 1.8–8.4%
NIOSH (US health exposure limits):
PEL (Permissible)
none
REL (Recommended)
TWA 800 ppm (1900 mg/m3)
IDLH (Immediate danger)
1600 ppm
Related compounds
Related alkanes
Related compounds
Perfluorobutane
Supplementary data page
Butane (data page)
Except where otherwise noted, data are given for materials in their standard state (at 25 °C [77 °F], 100 kPa).
check verify (what is check☒ ?)

Butane (/ˈbjuːtn/) or n-butane is an alkane with the formula C4H10. Butane is a highly flammable, colorless, easily liquefied gas that quickly vaporizes at room temperature and pressure. The name butane comes from the root but- (from butyric acid, named after the Greek word for butter) and the suffix -ane. It was discovered in crude petroleum in 1864 by Edmund Ronalds, who was the first to describe its properties, and commercialized by Walter O. Snelling in the early 1910s.

Butane is one of a group of liquefied petroleum gases (LP gases). The others include propane, propylene, butadiene, butylene, isobutylene, and mixtures thereof. Butane burns more cleanly than both gasoline and coal.

History

The first synthesis of butane was accidentally achieved by British chemist Edward Frankland in 1849 from ethyl iodide and zinc, but he had not realized that the ethyl radical dimerized and misidentified the substance.

Edmund Ronalds was the first individual to isolate and describe butane, which he named "hydride of butyl," based on the naming for the then-known butyric acid, which had been named and described by the French chemist Michel Eugène Chevreul 40 years earlier. Other names arose in the 1860s: "butyl hydride", "hydride of tetryl" and "tetryl hydride", "diethyl" or "ethyl ethylide" and others. August Wilhelm von Hofmann, in his 1866 systemic nomenclature, proposed the name "quartane", and the modern name was introduced to English from German around 1874.

Butane did not have much practical use until the 1910s, when W. Snelling identified butane and propane as components in gasoline and found that, if they were cooled, they could be stored in a volume-reduced liquified state in pressurized containers. In 1911, Snelling's liquified petroleum gas was publicly available, and his process for producing the mixture was patented in 1913. Butane is one of the most produced industrial chemicals in the 21st century with around 80-90 billion lbs (40 million US tons, 36 million metric tons) produced by the United States every year.

Density

The density of butane is highly dependent on temperature and pressure in the reservoir. For example, the density of liquid butane is 571.8±1 kg/m3 (for pressures up to 2MPa and temperature 27±0.2 °C), while the density of liquid butane is 625.5±0.7 kg/m3 (for pressures up to 2MPa and temperature -13±0.2 °C).

Isomers

Common name normal butane
unbranched butane
n-butane
isobutane
i-butane
IUPAC name butane methylpropane
Molecular
diagram
Skeletal
diagram

Rotation about the central C−C bond produces two different conformations (trans and gauche) for n-butane.

Reactions

Spectrum of the blue flame from a butane torch showing CH molecular radical band emission and C2 Swan bands

When oxygen is plentiful, butane burns to form carbon dioxide and water vapor; when oxygen is limited, carbon (soot) or carbon monoxide may also be formed. Butane is denser than air.

When there is sufficient oxygen:

2 C4H10 + 13 O2 → 8 CO2 + 10 H2O

When oxygen is limited:

2 C4H10 + 9 O2 → 8 CO + 10 H2O

By weight, butane contains about 49.5 MJ/kg (13.8 kWh/kg; 22.5 MJ/lb; 21,300 Btu/lb) or by liquid volume 29.7 megajoules per liter (8.3 kWh/L; 112 MJ/U.S. gal; 107,000 Btu/U.S. gal).

The maximum adiabatic flame temperature of butane with air is 2,243 K (1,970 °C; 3,578 °F).

n-Butane is the feedstock for DuPont's catalytic process for the preparation of maleic anhydride:

2 CH3CH2CH2CH3 + 7 O2 → 2 C2H2(CO)2O + 8 H2O

n-Butane, like all hydrocarbons, undergoes free radical chlorination providing both 1-chloro- and 2-chlorobutanes, as well as more highly chlorinated derivatives. The relative rates of the chlorination is partially explained by the differing bond dissociation energies, 425 and 411 kJ/mol for the two types of C-H bonds.

Uses

Normal butane can be used for gasoline blending, as a fuel gas, fragrance extraction solvent, either alone or in a mixture with propane, and as a feedstock for the manufacture of ethylene and butadiene, a key ingredient of synthetic rubber. Isobutane is primarily used by refineries to enhance (increase) the octane number of motor gasoline.

For gasoline blending, n-butane is the main component used to manipulate the Reid vapor pressure (RVP). Since winter fuels require much higher vapor pressure for engines to start, refineries raise the RVP by blending more butane into the fuel. n-Butane has a relatively high research octane number (RON) and motor octane number (MON), which are 93 and 92 respectively.

When blended with propane and other hydrocarbons, the mixture may be referred to commercially as liquefied petroleum gas (LPG). It is used as a petrol component, as a feedstock for the production of base petrochemicals in steam cracking, as fuel for cigarette lighters and as a propellant in aerosol sprays such as deodorants.

Pure forms of butane, especially isobutane, are used as refrigerants and have largely replaced the ozone-layer-depleting halomethanes in refrigerators, freezers, and air conditioning systems. The operating pressure for butane is lower than for the halomethanes such as Freon-12 (R-12), so R-12 systems such as those in automotive air conditioning systems, when converted to pure butane, will function poorly. A mixture of isobutane and propane is used instead to give cooling system performance comparable to use of R-12.

Butane is also used as lighter fuel for common lighters or butane torches and is sold bottled as a fuel for cooking, barbecues and camping stoves. In the 20th century the Braun company of Germany made a cordless hair styling device product that used butane as its heat source to produce steam.

As fuel, it is often mixed with small amounts of mercaptans to give the unburned gas an offensive smell easily detected by the human nose. In this way, butane leaks can easily be identified. While hydrogen sulfide and mercaptans are toxic, they are present in levels so low that suffocation and fire hazard by the butane becomes a concern far before toxicity. Most commercially available butane also contains some contaminant oil, which can be removed by filtration and will otherwise leave a deposit at the point of ignition and may eventually block the uniform flow of gas.

The butane used as a solvent for fragrance extraction does not contain these contaminants and butane gas can cause gas explosions in poorly ventilated areas if leaks go unnoticed and are ignited by spark or flame. Purified butane is used as a solvent in the industrial extraction of cannabis oils.

Effects and health issues

Table from the 2010 ISCD study ranking various drugs (legal and illegal) based on statements by drug-harm experts. Butane was found to be the 14th overall most dangerous drug.

Inhalation of butane can cause euphoria, drowsiness, unconsciousness, asphyxia, cardiac arrhythmia, fluctuations in blood pressure and temporary memory loss, when abused directly from a highly pressurized container, and can result in death from asphyxiation and ventricular fibrillation. It enters the blood supply and within seconds produces intoxication. Butane is the most commonly abused volatile substance in the UK, and was the cause of 52% of solvent related deaths in 2000. By spraying butane directly into the throat, the jet of fluid can cool rapidly to −20 °C (−4 °F) by expansion, causing prolonged laryngospasm. "Sudden sniffer's death" syndrome, first described by Bass in 1970, is the most common single cause of solvent related death, resulting in 55% of known fatal cases.

Right to property

From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Right_to_property

The right to property, or the right to own property (cf. ownership), is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically heavily constrained insofar as property is owned by legal persons (i.e. corporations) and where it is used for production rather than consumption. The Fourth Amendment to the United States Constitution is credited as a significant precedent for the legal protection of individual property rights.

A right to property is specified in Article 17 of the 1948 Universal Declaration of Human Rights, but it is not recognised in the 1966 International Covenant on Civil and Political Rights or in the 1966 International Covenant on Economic, Social and Cultural Rights. The 1950 European Convention on Human Rights acknowledges a right for a natural or legal person to "peaceful enjoyment of his possessions", subject to the "general interest or to secure the payment of taxes."

Definition

The right to property is one of the most controversial human rights, both in terms of its existence and interpretation. The controversy about the definition of the right meant that it was not included in the International Covenant on Civil and Political Rights or the International Covenant on Economic, Social and Cultural Rights. Controversy centres upon who is deemed to have property rights protected (e.g. human beings or also corporations), the type of property which is protected (property used for the purpose of consumption or production) and the reasons for which property can be restricted (for instance, for regulations, taxation or nationalisation in the public interest). In all human rights instruments, either implicit or express restrictions exist on the extent to which property is protected. Article 17 of the Universal Declaration of Human Rights (UDHR) enshrines the right to property as follows:

(1) Everyone has the right to own property alone as well as in association with others. (2) No one shall be arbitrarily deprived of his or her property.

The object of the right to property as it is usually understood nowadays consists of property already owned or possessed, or of property acquired or to be acquired by a person through lawful means. Not in opposition but in contrast to this, some proposals also defend a universal right to private property, in the sense of a right of every person to effectively receive a certain amount of property, grounded in a claim to Earth's natural resources or other theories of justice.

Africa

The African Charter on Human and Peoples' Rights (ACHPR) protects the right to property most explicitly in Article 14, stating:

The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Property rights are furthermore recognised in Article 13 of the ACHPR, which states that every citizen has the right to participate freely in the government of his country, the right to equal access to public services and "the right of access to public property and services in strict equality of all persons before the law". Article 21 of the ACHPR recognises the right of all peoples to freely dispose of their wealth and natural resources and that this right shall be exercised in the exclusive interest of the people, who may not be deprived of this right. Article 21 also provides that "in case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to adequate compensation".

Americas

When the text of the UDHR was negotiated, other states in the Americas argued that the right to property should be limited to the protection of private property necessary for subsistence. Their suggestion was opposed, but was enshrined in the American Declaration of the Rights and Duties of Man, which was negotiated at the same time and adopted one year before the UDHR in 1948.  Article 23 of the declaration states:

Every Person has the right to own such private property as meets the essential needs of decent living and helps to maintain the dignity of the individual and of the home.

The definition of the right to property is heavily influenced by Western concepts of property rights, but because property rights vary considerably in different legal systems it has not been possible to establish international standards on property rights. The regional human rights instruments of Europe, Africa and the Americas recognise the right to protection of property to varying degrees.

The American Convention on Human Rights (ACHR) recognises the right to protection of property, including the right to "just compensation". The ACHR also prohibits usury and other exploitation, which is unique amongst human rights instruments. Article 21 of the ACHR states:

(1) Everyone has the right to the use and enjoyment of his property. The law may subordinate such use and enjoyment to the interest of society.

(2) No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law.

(3) Usury and any other form of exploitation of man by man shall be prohibited by law.

Europe

After failed attempts to include the right to protection of property in the European Convention on Human Rights (ECHR), European states enshrined the right to protection of property in Article 1 of Protocol I to the ECHR as the "right to peaceful enjoyment of possessions", where the right to protection of property is defined as such:

(1) Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. (2) The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

Therefore, European human rights law recognises the right to peaceful enjoyment of property, makes deprivation of possessions subject to certain conditions and recognises that states can balance the right to peaceful possession of property against the public interest. The European Court of Human Rights has interpreted "possessions" to include not only tangible property, but also economic interests, contractual agreements with economic value, compensation claims against the state and public law related claims such as pensions. The European Court of Human Rights has held that the right to property is not absolute and states have a wide degree of discretion to limit the rights. As such, the right to property is regarded as a more flexible right than other human rights. States' degree of discretion is defined in Handyside v. United Kingdom, heard by the European Court of Human Rights in 1976. Notable cases where the European Court of Human Rights has found the right to property having been violated include Sporrong and Lonnroth v. Sweden, heard in 1982, where Swedish law kept property under the threat of expropriation for an extended period of time. The highest economic compensation following a judgment of the Strasbourg Court on this matter was given (1,3 million euro) in case Beyeler v. Italy.

India

In India property rights (Article 31) was one of the fundamental rights of citizens until 1978, and it became a legal right through the 44th Amendment to the Constitution in 1978. The amendment was introduced by the Morarji Desai government as part of land reform policies. In 2020, the Supreme Court of India has stated that, even though property rights are not part of a citizen's fundamental right, it should be considers as one of the human rights promised by the Constitution. The Supreme Court also ruled that the states cannot acquire individual land unless there is a clear legal framework.

International conventions

Property rights are also recognised in the International Convention on the Elimination of All Forms of Racial Discrimination which states in Article 5 that everyone has the right to equality before the law without distinction as to race, colour and national or ethnic origin, including the "right to own property alone as well as in association with others" and "the right to inherit". The Convention on the Elimination of All Forms of Discrimination against Women recognises the property rights in Article 16, which establishes the same right for both spouses to ownership, acquisition, management, administration, enjoyment and disposition of property and Article 15, which establishes women's right to conclude contracts. rights

Property rights are also enshrined in the Convention Relating to the Status of Refugees and the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. These international human rights instruments for minorities do not establish a separate right to property, but prohibit discrimination in relation to property rights where such rights are guaranteed.

Relationship to other rights

The right to private property was a crucial demand in early quests for political freedom and equality and against feudal control of property. Property can serve as the basis for the entitlements that ensure the realisation of the right to an adequate standard of living and it was only property owners which were initially granted civil and political rights, such as the right to vote. Because not everybody is a property owner, the right to work was enshrined to allow everybody to attain an adequate standard of living. Today, discrimination on the basis of property ownership is commonly seen as a serious threat to the equal enjoyment of human rights by all and non-discrimination clauses in international human rights instruments frequently include property as a ground on the basis of which discrimination is prohibited (see the right to equality before the law). The protection of private property may come into conflict with economic, social and cultural rights and civil and political rights, such as the right to freedom of expression. To mitigate this, the right to property is commonly limited to protect the public interest. Many states also maintain systems of communal and collective ownership. Property rights have frequently been regarded as preventing the realisation of human rights for all, through for example slavery and the exploitation of others. Unequal distribution of wealth often follows line of sex, race and minorities, therefore property rights may appear to be part of the problem, rather than as an interest that merits protection. Property rights have been at the centre of recent human rights debates on land reform, the return of cultural artifacts by collectors and museums to indigenous peoples and the popular sovereignty of peoples over natural resources.

History

In Europe, The Roman law defined property as "the right to use and abuse one's own within the limits of the law" — jus utendi et abutendi re suâ, guatenus juris ratio patitur. Second, salus populi suprema lex esto, or "the safety of the people shall be the supreme law," was stipulated as early as the Law of the Twelve Tables. The notion of private property and property rights was elaborated further in the Renaissance as international trade by merchants gave rise to mercantilist ideas. In 16th-century Europe, Lutheranism and the Protestant Reformation advanced property rights using biblical terminology. The Protestant work ethic and views on man's destiny came to underline social views in emerging capitalist economies in early modern Europe. The right to private property emerged as a radical demand for human rights vis-a-vis the state in 17th-century revolutionary Europe, but in the 18th and 19th centuries the right to property as a human right became subject of intense controversy.

English Civil War

The arguments advanced by the Levellers during the English Civil War on property and civil and political rights, such as the right to vote, informed subsequent debates in other countries. The Levellers emerged as a political movement in mid-17th century England in the aftermath of the Protestant Reformation. They believed that property which had been earned as the fruit of one's labour was sacred under the Bible's commandment "thou shall not steal". As such, they believed that the right to acquire property from one's work was sacred. Levellers' views on the right to property and the right not to be deprived of property as a civil and political right were developed by the pamphleteer Richard Overton. In "An Arrow against all Tyrants" (1646), Overton argued:

To every individual in nature is given an individual property by nature not to be invaded or usurped by any. For everyone, as he is himself, so he has a self propertiety, else he could not be himself; and of this no second may presume to deprive of without manifest violation and affront to the very principles of nature of the rules of equity and justice between man and man. Mine and thine cannot be, except this. No man has power over my rights and liberties, and I over no man.

The views of the Levellers, who enjoyed support amongst small-scale property-owners and craftsmen, were not shared by all revolutionary parties of the English Civil War. At the 1647 General Council, Oliver Cromwell and Henry Ireton argued against equating the right to life with the right to property. They argued that doing so would establish the right to take anything that one may want, irrespective of the rights of others. The Leveller Thomas Rainsborough responded, relying on Overton's arguments, that the Levellers required respect for others' natural rights. The definition of property and whether it was acquired as the fruit of one's labour and as such a natural right was subject to intense debate because the right to vote depended on property ownership. Political freedom was at the time associated with property ownership and individual independence. Cromwell and Ireton maintained that only property in freehold land or chartered trading rights gave a man the right to vote. They argued that this type of property ownership constituted a "stake in society", which entitles men to political power. In contrast, Levellers argued that all men who are not servants, alms-recipients or beggars should be considered as property owners and be given voting rights. They believed that political freedom could only be secured by individuals, such as craftsmen, engaging in independent economic activity.

Levellers were primarily concerned with the civil and political rights of small-scale property owners and workers, whereas the Diggers, a smaller revolutionary group led by Gerrard Winstanley, focused on the rights of the rural poor who worked on landed property. The Diggers argued that private property was not consistent with justice and that the land that had been confiscated from the Crown and Church should be turned into communal land to be cultivated by the poor. According to the Diggers, the right to vote should be extended to all and everybody had the right to an adequate standard of living. With the Restoration of the English monarchy in 1660, all confiscated land returned to the Crown and Church. Some property rights were recognised and limited voting rights were established. The ideas of the Levellers on property and civil and political rights remained influential and were advanced in the subsequent 1688 Glorious Revolution, but restrictions on the right to vote based on property meant that only a fraction of the British population had the suffrage. In 1780 only 214,000 property-owning men were entitled to vote in England and Wales, less than 3 percent of the population of 8 million. The Reform Act 1832 restricted the right to vote to men who owned property with an annual value of £10, giving approximately 4 percent of the adult male population the right to vote. The reforms of 1867 extended the right to vote to approximately 8 percent. The working class (which increased dramatically with the Industrial Revolution) and industrialists remained effectively excluded from the political system.

John Locke and the American and French revolutions

John Locke's 1689 Two Treatises of Government in which Locke calls "lives, liberties and estates" the "property" of individuals

The English philosopher John Locke (1632–1704) developed the ideas of property, civil and political rights further. In his Second Treatise on Civil Government (1689), Locke proclaimed that "everyman has a property in his person; this nobody has a right to but himself. The labor of his body and the work of his hand, we may say, are properly his". He argued that property ownership derives from one's labor, though those who do not own property and only have their labor to sell should not be given the same political power as those who owned property. Labourers, small-scale property owners and large-scale property owners should have civil and political rights in proportion to the property they owned. According to Locke, the right to property and the right to life were inalienable rights and that it was the duty of the state to secure these rights for individuals. Locke argued that the safeguarding of natural rights, such as the right to property, along with the separation of powers and other checks and balances, would help to curtail political abuses by the state.

Locke's labor theory of property and the separation of powers greatly influenced the American Revolution and the French Revolution. The entitlement to civil and political rights, such as the right to vote, was tied to the question of property in both revolutions. American revolutionaries, such as Benjamin Franklin and Thomas Jefferson, opposed universal suffrage, advocating votes only for those who owned a "stake" in society. James Madison argued that extending the right to vote to all could lead in the right to property and justice being "overruled by a majority without property". While it was initially suggested to establish the right to vote for all men, eventually the right to vote in the nascent United States was extended to white men who owned a specified amount of real estate and personal property.

French revolutionaries recognised property rights in Article 17 of the Declaration of the Rights of Man and of the Citizen (1791), which stated that no one "may be deprived of property rights unless a legally established public necessity required it and upon condition of a just and previous indemnity". Articles 3 and 6 declared that "all citizens have the right to contribute personally or through their representatives" in the political system and that "all citizens being equal before [the law], are equally admissible to all public offices, positions and employment according to their capacity, and without other distinction than that of virtues and talents". However, in practice the French revolutionaries did not extend civil and political rights to all, although the property qualification required for such rights was lower than that established by the American revolutionaries.

According to the French revolutionary Abbé Sieyès, "all the inhabitants of a country should enjoy the right of a passive citizen... but those alone who contribute to the public establishment are like the true shareholders in the great social enterprise. They alone are the true active citizens, the true members of the association". Three months after the Declaration had been adopted, domestic servants, women and those who did not pay taxes equal to three days of labor were declared "passive citizens". Sieyes wanted to see the rapid expansion of commercial activities and favoured the unrestricted accumulation of property. In contrast, Maximilien Robespierre warned that the free accumulation of wealth ought to be limited and that the right to property should not be permitted to violate the rights of others, particularly poorer citizens, including the working poor and peasants. Robespierre's views were eventually excluded from the French Constitution of 1793 and a property qualification for civil and political rights was maintained.

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