Law,Culture and Access to Justice under the Palestinian National Authority

It has been widely claimed that the Palestinian National Authority has failed to provide adequate access to the law for many Palestinians. Whilst impediments to legal access are often treated as a technical questions of procedure, or as an issue of the cultural appropriateness of legal regimes, this article takes a third approach, which stresses political and historical factors. In order to understand obstacles to legal access it is necessary to discover the ways in which legal practices are understood, used and abandoned in particular contexts. Through an examination of labour disputes, the article argues that in the context of the West Bank, legal claims have no absolute moral value, but are attractive for the substantive claims that can be made through them, opening up legal avenues for political manipulation. In this context, legal entitlements are distributed according to political resources, rather than legal procedures. The article concludes by arguing that promotion of effective access to legal processes in the West Bank should not be seen as a short‐cut to a stable political regime, since accountable legal processes require a centralized, strong and stable coercive support, based in a measure of organizational cohesion and territorial sovereignty.     

Aquatic Identities,Fluid Economies: Water Affinities and Authenticating Narratives of Belonging in East Timorese Myth and Ritual

ABSTRACT Customary land tenure claims provide a useful analogy for customary access and usage rights to critical water resources. In an increasingly water‐constrained future, such rights are at risk of political and economic contestation and local communities may find themselves abruptly divested of critical water resources just when they need them most. The new nation of East Timor is not abundantly endowed with water and inland sources are particularly vulnerable to the impacts of reduced rainfall and groundwater contamination. Recently McWilliam (2003) has suggested that in future disputes over Timorese sea tenures, the recognition of customary access or exclusive property rights to specific water resources will depend upon clearly articulated evidence of longstanding cultural associations and interactions with the aquatic landscape. The ethnographic literature provides substantiating accounts of the centrality of water in the local cosmologies of various East Timorese ethnic groups. This paper extends McWilliam's marine argument to inland water resources by reviewing the salient ethnographic evidence for Bunaq, Mumbai and Eastern Tetum populations to show that water is a key organising metaphor in the expression of Timorese kingroup affiliation, social identity and power relations. Local ritual practices further affirm customary rights of access and water use. There is an urgent need for such customary rights to water to be recognized in the current redistribution and demarcation of internal boundaries in East Timor, as well as in future struggles against vested economic and political interests.     

The Politics of Citizen Access Technology

This article uses comparative case studies to examine the political shaping of public Information utilities developed by American local governments. These public access computer networks are designed lo facilitate access to community information and dialogue. We view technology design as analogous to developing public policy on citizen participation, where the "legislation" is imbedded in the technological design. Research sites included three adopter cities, Santa Monica, Pasadena, and Glendale, California, and one nonadopter city, Irvine. This comparison highlights key technology-policy choices (including the choice of not developing this application). Our analysis then examines the role of technological paradigms, local political cultures, and organizational arrangements in shaping municipal approaches to addressing these key policy choices.     

Co‐opting Conservation: Migrant Resource Control and Access to National Park Management in the Philippine Uplands

The history of political and economic inequality in forest villages can shape how and why resource use conflicts arise during the evolution of national parks management. In the Philippine uplands, indigenous peoples and migrant settlers co‐exist, compete over land and forest resources, and shape how managers preserve forests through national parks. This article examines how migrants have claimed lands and changed production and exchange relations among the indigenous Tagbanua to build on and benefit from otherwise coercive park management on Palawan Island, the Philippines. Migrant control over productive resources has influenced who, within each group, could sustain agriculture in the face of the state's dominant conservation narrative — valorizing migrant paddy rice and criminalizing Tagbanua swiddens. Upon settling, migrant farmers used new political and economic strengths to tap into provincial political networks in order to be hired at a national park. As a result, they were able to steer management to support paddy rice at the expense of swidden cultivation. While state conservation policy shapes how national parks impact upon local resource access and use, older political economic inequalities in forest villages build on such policies to influence how management affects the livelihoods of poor households.     

Territory and lithium extraction: The Great Land of Lipez and the Uyuni Salt Flat in Bolivia

The Uyuni salt flat in Bolivia is a strategic location with a vast deposit of lithium; a key mineral for the production of Li-ion batteries for electric vehicles and energy storage. Over time, the Uyuni salt flat has become a space of contestation and grievances over its mineral resources, its territorial limits and for the most ambitious State-led project for lithium extraction and industrialization in Bolivian history. The paper aims to interrogate how notions of space ownership are intertwined with the governance of strategic resources such as lithium. Using qualitative primary data collected in Bolivia between 2014 and 2017, I explore the case of the Uyuni salt flat and the territorial arrangements of the nearby region (southwest region also known as the Land of Lipez). By examining the geo-spatial history, this case, I argue, illustrates geo-spatial delimitations are inherently political, contested and co-produced by the surrounding communities to define forms of access to and control of resources and the territory. The co-production of territory and the governance of its resources produces new spatial and political configurations in which there is a growing tension in terms of the recognition of indigenous land rights in spaces where the extractive frontier is expanding and the State maintains and perpetuates power imbalances in the sphere of decision-making. As this case shows, the history, the struggles over the governance of its resources and the land titling process behind reveal a territorial project in constant making and entangled in a political project to control mining of lithium in Bolivia.     

Tourism development and the disempowerment of host residents: types and formative mechanisms

In-depth interviews, text analysis of official documents, and a representative case study are explored to investigate the disempowerment of residents in Tiantangzhai, an emerging yet isolated alpine tourism area in Anhui Province, China. Qualitative research was conducted within the specific political and economic context of China and concludes that (1) residents suffered disempowerment in five areas, including access to productive living space, access to natural resources, access to information, travel benefits, and travel participation; and (2) the mechanisms of disempowerment included government development strategy and system design, elite community relationship networks, individual socio-economic conditions, and social support measures. The research implications suggest that smooth and successful tourism development depends on improving the performance assessment of officials, consolidating administrative supervision, the timely dissemination of information relevant to tourism development, and enhancing opportunities for local residents to participate in tourism development.     

State Making and the Politics of the Frontier in Central Benin

Kopytoff's model of the African frontier has opened room for renewed approaches to settlement history, politics, ethnicity and cultural reproduction in pre‐colonial Africa. This interpretative framework applies well to central Benin (Ouessè). Over the long term, mobility has been a structural feature of the regional social history, from pre‐colonial times onwards. Movements of people, resources, norms and values have been crucial in the production and reproduction of the social and political order. The colonial intrusion and its post‐colonial avatars gave way to renewed relations between mobility and locality, in particular in the form of a complex articulation between control over labour force, access to land and natural resources, and out‐ and in‐migrations. This article argues that the political frontier metaphor provides a useful heuristic device to capture the logic of state making, as the changing outcome of organizing practices taking place inside and outside state and non‐state organizations and arenas. Governmentality in post‐colonial central Benin thus results from the complex interplay of mobility, control over resources and state‐led forms of ‘villagization’.     

Municipal Councillors and the Everyday State: New Representations of Political Accountability in Ahmedabad,India

Scholarly literature on municipal councillors in urban India has variously labelled them as ‘lords’, ‘captains’ and ‘shrewd operators’ who have the power to mobilize resources and act as political intermediaries between the state and ordinary citizens. Conversely, voters are seen as collectively trading their votes to secure access to the state's resources. In this article, empirical fieldwork in the city of Ahmedabad, India, suggests that while traditional modes of patron–client relationships continue to exist at the municipal urban governance level, there has been a shift in the roles as perceived by municipal councillors themselves. The ‘state at the roadside’ model of urban governance is being expanded to include new modes and sites of mediation with citizens. Drawing from the literature on political representative claims and social representation theory, this article argues that the changes in the practices of municipal councillors are driven partly by political aspirations that are distinct from their identity as a party karyakarta (worker) and partly as a response to a better-informed citizenry, referred to as jagrukt janta (public awareness). These shifts create the conditions for new modes of civic engagement and political accountability within existing patronage-based networks.     

Property vs. Control: The State and Forest Management in the Indian Himalaya

The latest orthodoxy to emerge in environmental literature centres on the notion that state ownership of forests results in poor management and ecological degradation. Depending on their political persuasion, scholars, policy-makers and activists either advocate privatization of state forests, or demand their transferral to local communities as solutions for promoting sustainable forest management. This article argues that such proposals are flawed because they assume that ownership status determines the ways in which resources are used and managed. It argues that an analytical distinction needs to be made between property and control for understanding the complex interplay of social, economic, political and ecological factors that influence forest stock, composition and quality. Through a historical analysis of the development of state forestry in the Indian Himalaya, the article shows how state ownership of forests does not result in the monolithic imposition of proprietary rights, but emerges instead as an ensemble of access and management regimes.     

David J. Starkey,Chris Reid and Neil Ashcroft: England's Sea Fisheries. The Commercial Sea Fisheries of England and Wales since 1300. Chatham Publishing,London 2000, 272 pages

Abstract

This article explores the management practice of protection notices, fredlysning, in the traditional practice of eider down harvesting in Northern Norway. Previously, private initiatives were legitimate for protecting land and resources from public utilization, while today only the state authorities have this privilege. By juxtaposing empirical material from current eider down harvesting activities with childhood memories of growing up in this area during the 1960s, and available legal documents, the author finds that some quite radical changes have tacitly taken place, indicating rather tense dilemmas concerning local perceptions of land use issues. Analytically, Olwig's distinction between customary and natural law is used as a tool for addressing the political dimensions of the landscape concept historically. In this perspective, fredlysning fluctuates in and out of codified law through the centuries, and under growing impact of natural law rationale. Land issues, both concerning property rights and public access and use of the common resources of the outlying fields, utmarksressurser, are here understood as very powerful means to bind the people to the land, as a way of transforming the legitimate scale of polity, of building bonds to the nation.     

Capitalist Expansion and the Decline of Common Property Ecosystems in China,Vietnam and India

This article identifies some of the multiple processes of capitalist development through which access to common property resources and their utility for communities are undermined. Three sites in upland Asia demonstrate how patterns of exclusion are mediated by the unique and selective trajectories through which capital expands, resulting in a decline of common property ecosystems. The process is mediated by economic stress, ecological degradation and political processes such as state‐sanctioned enclosure. The first case study from Shaoguan, South China, indicates how rapid capitalist industrialization has depleted the aquatic resource base, undermining the livelihoods of fishing households yet to be absorbed into the urban working class. At the second site, in Phu Yen, Vietnam, capitalist development is limited. However, indirect articulations between capitalism on the lowlands and the peasant economy of the uplands is driving the commercialization of agriculture and fishing and undermining the utility of communal river and lake ecosystems. In the third site, Buxa in West Bengal, India, there is only selective capitalist development, but patterns of resource extraction established during the colonial period and contemporary neoliberal ‘conservation’ agendas have directly excluded communities from forest resources. Restrictions on access oblige them to contribute subsidized labour to local enterprises. The article thus shows how communities which are differentially integrated into the global economy are excluded from natural resources through complex means.     

Where is the state? How is the state? Accessing water and the state in Mumbai and Johannesburg

This article examines the water distribution systems in Johannesburg and Mumbai to argue that the political and institutional contexts of service delivery shape people’s access to the state and its resources, and also mediation between citizens and government institutions by councillors. Through ethnographies of water supply and distribution systems in Mumbai and Johannesburg, I explain how the organizational structure of the water utility, institutional arrangements of service delivery, regulatory systems, councillors’ proximity to decision makers and their relationship with municipal officials, civil servants and party members variously influence councillors’ mediation capacities and their ability to fulfil the claims of their constituencies for piped water supply and connections.     

政府空间治理与地方产业发展响应——以重庆市电子信息产业为例

政府空间治理对地方发展具有深刻影响。西方学界在解释国家治理时有三个重要学说:非马克思主义理论、马克思主义理论和福柯学说,但并不能完全解释我国的政府治理结构。中国治理结构包含中央政府和地方政府等多个层次,各层次的行为能力和权力空间有所不同。改革开放以来,中央政府允许地方政府通过调节财税杠杆、土地、劳动力等要素进行地方治理模式创新。同时,地方政府积极争取成为由中央政府批准的特殊经济区,对本地制度环境进行改革和创新,以促进地方产业发展。本文以重庆市为例,结合6次深入调研,探讨政府如何通过财税、土地等多项改革,提升空间治理能力,创造差异化治理环境,以带动地方产业发展的积极响应。     

Desiring Sameness? The Rise of a Neoliberal Politics of Normalisation

Since the 1990s the dominant political discourse of social movements concerned with "sexual politics" has been that of seeking access into mainstream culture through demanding equal rights of citizenship. I focus on the changing politics of sexuality in the context of new forms of social governance associated with neoliberalism, central to which is professionalisation and particular forms of knowledge production. Changes in political organising, coupled with the growth in identity‐based consumption and the greater visibility of lesbians and gay men as consumer citizens, have provided a variety of opportunities for new professional careers. I discuss these developments and suggest that a key aspect of this increase in professionalisation is the construction of the gay and lesbian subject as part of a national and, in some instances, an international constituency. Finally, I consider how, in recent years, new forms of professionalisation of knowledge production about lesbians and gay men have emerged, not only in terms of political and market interests, but also in the academy.     

Ownership matters: Natural resources property rights and social conflict in Sub-Saharan Africa

Empirical tests of the “resource curse” thesis have provided inconclusive evidence for the claim that natural resource abundance increases the risk of social conflict. The present article argues, based on a novel political economy framework and a new data set, that it is important to analyze how states regulate the access to their natural resources to understand the interrelationship between resources and public resistance against resource extraction arrangements. We claim that international rather than state resource ownership fosters the regional protest potential and overshadows the efficiency gains that foreign investment might create. Especially the siphoning of resource rents to international owners instigates resentment among the local population. Distinguishing between private, public, domestic and international ownership arrangements, we assess the effects of natural resources control rights regimes on state repression using new GIS-based data on diamond and gold mines as well as oil and gas fields in Sub-Sahara Africa. Our multilevel analysis shows that repression as an answer to societal dissent is particularly likely in grids hosting international oil companies. Furthermore, we find that international oil firms further state repression especially under insecure property rights.     

The benefit-sharing principle: Implementing sovereignty bargains on water

A global water crisis is emerging that may challenge states' existing and future water availability. With countries already heavily reliant on international rivers, the issue of managing water scarcity in these basins is mounting. An already complex issue due to climatic change and the politics of access, the management of water resources is complicated further by sovereignty. In a context shaped by political boundaries and a concomitant territorial exclusivity, nation-states seek to guarantee their societies' water by exerting control through physical and institutional infrastructure. Yet, the basin's hydrological interdependency implies co-riparian countries remain vulnerable to each other's use of the shared river, suggesting ecological rather than just political limits to sovereignty. The continued vulnerability, as envisaged within the greening of sovereignty, suggests international cooperation is necessary. Explained as sovereignty bargains, in which states trade reduced autonomy for future benefits, international cooperation is, we suggest, bi-directional and can stem from or create international institutions. We examine an instance of international cooperation that exemplifies an alternative approach to international river management. The benefit-sharing principle focuses on allocating the outputs from water use, rather than the water itself; and was used by the Senegal basin riparians to access key services such as electricity despite a context of poverty, climatic change and intra-basin politics. What emerges is a strong narrative of cooperation sustained, over decades, by the states' willingness to engage in sovereignty bargains.     

Reforming Land and Water Rights in South Africa

Redress of historical injustice in access to land provided a mobilizing force for the overthrow of the apartheid government in South Africa. Inequality of access to water resources marks South Africa's history even more profoundly than inequality of access to land. Yet in South Africa, post‐apartheid legislative reform relating to land and water has followed largely separate, if parallel, paths. This article traces the development and current status of water reforms in the Inkomati Water Management Area, where water use is dominated by established commercial agriculture and forestry, by important environmental interests, including the Kruger National Park, and by demands for improved access to water from a black population of around 1.5 million living in former Bantustan areas. It indicates that in practice water and land reform are interdependent, but, although both have become more closely linked within local political and economic arenas, they remain largely disconnected and disabled by unresolved tensions within their separate policy processes. The article argues that the commoditized nature of land and water use within the established patterns of commercial agriculture sets constraints on what redistributive land and water reform can deliver to those historically dispossessed. In particular, increasing recourse to ‘strategic partnerships’ between African community landowners and commercial agribusiness as a means of maintaining the productivity of commercial farmland poses questions about the control and beneficial use of new forms of communal property.     

论"大跃进"战略的形成

1957年批判"反冒进",形成了所谓"积极平衡"的理论、生产建设中浮夸风的政治气候和行政运行上的互动机制。在毛泽东看来,要加快中国经济的发展速度,资金和物资的缺口可以依赖发动群众实现"积极平衡"。发动群众,其思想渊源与当年"大生产运动"有着密切联系,在经济上的涵义是充分利用中国丰富的劳动力资源。于是,在中国,"以苏为鉴"、"走自己的路"就意味着:通过充分利用劳动力资源,既试图加快重工业的发展,又试图在较少资金投入下加快农业和轻工业的发展;工业的发展实行"两条腿走路"。在此路径下,"人定胜天"的观念与浮夸风两者相互作用,终于形成了"大跃进"战略。     

Paradoxes,Protests and the Mujeres de Negro of Northern Mexico

On November 25, 2002, thousands of people marched through the streets of Mexico City and demanded, in the name of social justice, an end to the violence against women in northern Mexico. ‘Ni Una Más’ (not one more) was their chant and is also the name of their social justice campaign. Their words referred to the hundreds of women and girls who have died violent and brutal deaths in northern Mexico and to the several hundred more who have disappeared over the last ten years. These Ni Una Más marchers, many working with human rights and feminist organizations in Mexico, are protesting against the political disregard and lack of accountability, at all levels of government, in relation to this surging violence against women. And the symbolic leaders of their movement are the Mujeres de Negro (women wearing black), who are based in Chihuahua City. In this article, I examine how the Mujeres de Negro demonstrate how feminist politics so often plays upon the negotiation of spatial paradoxes in order to open new arenas for women's political agency. For while the Mujeres de Negro of northern Mexico are galvanizing an international human rights movement that is challenging political elites, they are also reinforcing many of the traditional prohibitions against women's access to politics and the public sphere. And I explore how the Mujeres de Negro devise a spatial strategy for navigating this paradox in an increasingly dangerous political environment.     

Transatlantic Correspondence and ‘Mobile Knowledge’ in Alexander von Humboldt's Exploratory Travels to Hispanic America

Summary

This article focuses on the relevance of Alexander von Humboldt's correspondence in the formation of transatlantic scientific networks at the beginning of the nineteenth century. Apart from connecting Humboldt with scientists and scholars worldwide, his correspondence turned out to be a fundamental tool for assuring the material conditions and the social and scientific connections he needed to carry out his research on the Spanish colonies and to simultaneously diffuse his achievements on the European side of the Atlantic. His contact with Hispanic American scientists and with the local elites enabled him to build a broad social network, gaining access to key material, human and intellectual resources. The letters sent to scientists, scientific institutions and noblemen in Europe, for their part, kept Humboldt's European correspondents informed about his activities in Hispanic America, contributing to the validation of his work before the scientific community and the fulfilment of the duties resulting from the political and institutional support he received both before and during his travels. This stresses the importance of strategic social groups and their cooperation in the framework of exploratory travels as a means to gaining access to resources in the peripheries. It also reveals the scientist's dependence on all those who supported his research: kings, barons, botanical gardens, universities, and academies.