Uncommon Ground: The ‘Poverty of History’ in Common Property Discourse

It would not be a great exaggeration to say that scholars of environmental conservation and conflict have re‐discovered the institutional foundations of social and economic life. At the heart of this ‘renaissance’ is the belief that property and property relations have a strong bearing on how people use, manage and abuse natural resource systems, and that institutional arrangements based on the creation and management of common property can have positive impacts on resource use and conservation. Two bodies of thought compete for a voice in this literature. One, which aims to resolve Hardin's tragedy of the commons, is primarily concerned with the problem of encouraging collective action to conserve resources that are both depletable and unregulated. A second, influenced by notions of moral economy and entitlement, deals with the problem of creating and sustaining resource access for poor and vulnerable groups in society. This article argues that the literature on common property has become divided between a body of scholarship that uses deductive models of individual decision‐making and rational choice to explain the ways in which different types of property rights arrangements emerge and change over time, and one whose questions, aims and methods are more modest, and historically‐specific. It then aims to understand this evolution by situating the mainstream common property discourse in the wider intellectual trend of positivism, methodological individualism and formal modelling that has come to dominate social science in the United States. In so doing, it attempts to unravel the political and ideological foundations of what has come to be a dominant mode of understanding environmental problems, and solutions to these problems.     

The Struggle for La Sierra: Sovereignty,property, and rights in the San Luis Valley

In 2002 the Colorado Supreme Court reversed decades of precedent in Lobato v. Taylor by awarding Hispano heirs to the Mexican-era Sangre de Cristo Land Grant renewed access rights to that grant's former communal land for grazing, timber, and firewood. Placing Lobato in historical context, this paper examines the contingent emergence of sovereignty and private property in the San Luis Valley of Southern Colorado through acts of violence, land loss, and dispossession. The paper argues that sovereignty and property, as forms of boundary drawing, are unfinished and contested projects rather than abstract, achieved universals. U.S. sovereignty in the San Luis Valley has emerged contingently through the iteration of private property, as struggles over resource access have produced sovereign effects. Such a perspective makes visible how Lobato has reiterated private property rights and U.S. sovereignty in ways that create new exclusions, even as the case returns access rights to the commons.     

A Moral Economy of Water: Charity Wells in Egypt's Nile Delta

Though commonly viewed as a human right, access to water is often difficult and highly unequal within and between communities, depending on various social and power relations, access mechanisms and property rights regimes. However, moral norms and subsistence ethics can also play a balancing role, enhancing access to water for vulnerable groups and individuals, particularly in contexts of water scarcity. Using the example of a Nile Delta village, this article explores the role of charitable water wells (sobol) in influencing both irrigation and drinking water access relations, by understanding their different modes of governance and the motivations behind their emergence. The article argues that charitable norms underlying sobol are dynamic. They stem from certain moral ideologies concerning religion, property and reciprocity, and while they do greatly enhance access to water, it is with varying degrees, limitations and remaining access discrepancies. Sobol alter property rights relations, extending entitlements to water, but their effectiveness is also limited by existing property rights regimes. Sobol are also limited by existing anti‐cooperative actions, and being embedded in an inequitable access system, they may not fully counterbalance inequitable water access. The limitations of cooperative water access arrangements should be counterweighed and complemented by overarching and equitable water distribution systems.     

Environmental Action,Gender Equity and Women's Participation

For poor households, and especially for the women who own little private land, forests and village commons have always been critical sources of basic necessities in rural India. However, the availability of these resources has been declining rapidly, due both to degradation and to shifts in property rights away from community control and management to State and individual control and management. More recently, though, we are seeing small but notable reversals in these processes toward a re-establishment of greater community control over forests and village commons. Numerous forest management groups have emerged, initiated variously by the State, by village communities, or by non-governmental organizations. However, unlike the old systems of communal property management which recognized the usufruct rights of all villagers, the new ones represent a more formalized system of rights based on membership. In other words, under the new initiatives, membership is replacing citizenship as the defining criterion for establishing rights in the commons. This raises critical questions about participation and equity, especially gender equity. Are the benefits and costs of the emergent institutional arrangements being shared equally by women and men? Or are they creating a system of property rights in communal land which, like existing rights in privatized land, are strongly male centred? What is women's participation in these initiatives? What constrains or facilitates their participation and exercise of agency? This article provides pointers. It also demonstrates the relevance of the feminist environmentalist perspective, as opposed to the ecofeminist perspective, in understanding gendered responses to the environmental crisis. 1 Abbreviations used in this article: FPC=Forest Protection Committee (under JFM); JFM=Joint Forest Management; NGO=Non-Governmental Organization; VCs=Village Commons; VP=Van Panchayat (forest council).
     

Grazing was not mining: managing Victoria's goldfields commons

The great land rush of the eighteenth and nineteenth centuries saw vast swathes of temperate grazing land around the world pass into private hands. Commons and common lands, however, provided a vital interim mechanism in this shift from state control to private property ownership. Commons ensured continued and widespread access to natural resources, including water, minerals, soil, grass, and timber, that was integral to the colonial settler project. The gold rush in nineteenth‐century Victoria sheds important light on this process, where almost 250,000 ha of Crown land were set aside as goldfields commons. These reserves maintained auriferous or gold‐bearing land in public hands and provided access to extensive tracts of grazing for the sheep and cattle of gold miners. In this paper, we examine how the traditional English notion of common lands was transferred to a New World environment and draw on the work of economist Elinor Ostrom to evaluate the use and function of Victoria's goldfields commons in terms of management, regulation, and sustainability.     

Property Rights and the Environment in Pastoral China: Evidence from the Field

It is widely perceived that the degradation of China’s rangelands has accelerated since the introduction of rural reforms in the late 1970s. The popular explanation for this phenomenon has been that a ‘tragedy of the commons’ exists, as privately‐owned livestock are being grazed on ‘common’ land. Since the passing of the Rangeland Law in 1985, Chinese pastoral tenure policy has emphasized the establishment of individual household tenure as a necessary condition for improving incentives for sustainable rangeland management. Yet household tenure has yet to be effectively established in many pastoral regions. The first objective of this article is to describe pastoral tenure arrangements in northern Xinjiang‐Uygur Autonomous Region. Its second objective is to explain pastoral tenure arrangements, particularly the observed persistence of collective action. It is argued that there is no ‘tragedy of the commons’ and that it is characteristics of rangeland resources and the social environment that give rise to the particular types of institutional arrangements found.     

Polycentric Systems of Governance: A Theoretical Model for the Commons

Polycentricity is a fundamental concept in commons scholarship that connotes a complex form of governance with multiple centers of semiautonomous decision making. If the decision‐making centers take each other into account in competitive and cooperative relationships and have recourse to conflict resolution mechanisms, they may be regarded as a polycentric governance system. In the context of natural resource governance, commons scholars have ascribed a number of advantages to polycentric governance systems, most notably enhanced adaptive capacity, provision of good institutional fit for natural resource systems, and mitigation of risk on account of redundant governance actors and institutions. Despite the popularity of the concept, systematic development of polycentricity, including its posited advantages, is lacking in the commons literature. To build greater clarity and specificity around the concept, we develop a theoretical model of a polycentric governance system with a focus on the features necessary or conducive for achieving the functioning predicted by commons scholars. The model is comprised of attributes, which constitute the definitional elements, and enabling conditions, which specify additional institutional features for achieving functionality in the commons. The model we propose takes the concept a step further toward specificity without sacrificing the generality necessary for contextual application and further development.     

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.     

Urban commons are more‐than‐property

Urban commons are characterised in the literature as collectively shared property in the city shaped by a context of scarce resources, population density, and the interaction of strangers. In the broader commons literature, commons appears as a verb, a noun, and a process made by practices of commoning—albeit still with a focus on property. In this paper, I argue that an understanding of urban commons as more‐than‐property is needed to recognise how present but elusive urban commons are. I use examples from interviews and observations conducted at a Women's Library to discuss how the access, use, benefit, care, responsibility, and ownership of this urban commons bring it into being through particular practices of commoning. By questioning current ways of defining urban commons, urban scholars gain a grounded understanding of the role of property, and other practices, in maintaining an urban commons over time.     

The Formation of Large-scale Collaborative Resource Management Institutions: Clarifying the Roles of Stakeholders, Science, and Institutions

This article explores the emergence of collaborative institutional arrangements for managing natural resources in large-scale and complex resource settings, among numerous political jurisdictions and stakeholders. It examines four regional institutions in the United States: the Northwest Power and Conservation Council's Fish and Wildlife Program, the Chesapeake Bay Program, the CALFED Bay-Delta Program, and the Comprehensive Everglades Restoration Plan. While a wealth of literature has looked at the emergence of smaller-scale resource management institutions, and some literature has begun to look at the characteristics and successes of these regional institutions, theory is lacking to explain the formation of these regional institutions. We first introduce three relevant streams of literature—on common pool resources management, on policy entrepreneurs and social capital, and on science and information in policy change—to frame our analysis. The comparisons of the cases point to the importance of integrating key insights from the literature for understanding the formation of collaborative resource governance. We emphasize how science, leadership, and prior organizational experience interact in facilitating institutional change, particularly in the process of raising awareness about resource management problems. In tracing the formation of these institutions, we also identify how external institutional triggers can help spur collaborative governance.     

Communal Forest Management: The Honduran Resin Tappers

Natural resource tenure and economic feasibility of resource-based activities are two of the most important issues in the current debate around environmental degradation and rural poverty. While many analyses have blamed the ‘tragedy of the commons’ and government mismanagement for environmental destruction, this paper provides a case study of resin tapping in Honduras which formulates the hypotheses that common property regimes can be successful and that economic liberalization policies may be detrimental to community-level resource schemes. Over half of the 6000 farmer-resin tappers in Honduras are organized into forty-six co-operatives that market the tree sap, wood and other forest products. These activities combine the twin goals of community-based forest preservation and income generation. Established legally in 1974, the tapping groups have expanded to include a variety of organizational and technical arrangements. The two co-operatives of Villa Santa and San Juan de Ojojona demonstrate contrasting histories, ecological endowments and economic outcomes. Currently the Honduran resin tappers are facing problems over their access to forest resources, the fluctuating profitability of extractive activities and the stability of the co-operative organization. These three issues are relevant to a variety of community-based environmental activities, and the lessons of the Honduran experience can be applied to analyse the processes of environmental degradation and community response elsewhere in the Third World.     

Property and Authority in a Migrant Society: Balinese Irrigators in Sulawesi,Indonesia

Multiple definitions of resources as property lead to competition over legitimate authority between state and non‐state organizational and institutional arrangements. This article focuses on the overlapping and competing domains of the water users’ association, WUA, and the ‘traditional’ Balinese irrigators’ institution, subak. While the former is backed up by the power of state regulation and administration, the latter derives legitimacy from Balinese irrigators. The author presents a case study of the establishment and transformation of property rights in an irrigation‐based Balinese migrant society in Indonesia; he concludes that, in the ongoing process of competition for authority and mutual adjustment, both institutions undergo important transformations.     

Subverting Regulatory Protection of ‘Natural Commodities’: The Prunus Africana in Madagascar

This article explores the contradictions that have emerged along the commodity chain of the endangered medicinal tree Prunus africana in Madagascar. The study provides a unique opportunity to build on theories of access, highlighting in particular the themes of social relations, culture and power in mediating access to natural resources and benefits that derive from commercialization. Commodity chain analysis is employed to illustrate that property rights, based solely on formal rights, legal claims or customary rights to ‘natural commodities’ are insufficient to measure who is able to gain and maintain access to the species. The results show that power, regulation and exclusion have a much greater impact on who is able to tap into the benefits of P. africana commercialization. This article illustrates how extraction firms in Madagascar have over the years finessed their way, through ‘green conditionalities’ or conservation concessions, into continued extraction of P. africana — all in the face of widespread regulation.     

From Labrets to Cranial Modification: Credibility Enhancing Displays and the Changing Expression of Coast Salish Resource Commitments

Recent developments in evolutionary psychology expanding on signaling theory provide key insights to the connections between expressing social commitments and resource rights. Credibility enhancing displays (CREDs) are a means to convince individuals of commitment to belief systems and can link costly acts or extravagant displays to social success. In the Salish Sea, the transition from labrets to cranial modification from 3200 to 1000 BP has often been framed in terms reflecting a shift from achieved to ascribed social status. Other researchers have argued that labrets may reflect village scale identity not tied to political power. We suggest that an explicitly evolutionary approach provides novel insights into the changing material expressions of Coast Salish social commitments, specifically reciprocal resource access. The shift to cranial modification reflects increased CRED investment and cost, but not necessarily a transition towards ascribed status. Instead this shift may be changing expressions of the same forms of social commitments.     

Mineral commons: Collective claims to territory in the goldfields of Madagascar

This paper examines how artisanal miners in northern Madagascar have contested state-corporate authority and staked claims to subterranean territory through the production and maintenance of goldfields as mineral commons. Drawing on ethnographic evidence collected over 15 months of field-based research, as well as interviews and archival data, I elaborate how community members in the diggings of Betsiaka have used commoning to resist subsoil enclosure, engender local autonomy, and secure collectivized access to gold as a basis for extended social reproduction. Constructing Betsiaka's mineral commons has relied on three overlapping yet distinct components: (1) the materiality or geological character of deposits, mediated through local understandings of gold's occurrence and (in)exhaustibility; (2) the socio-historical construction of discourse around resource access; and (3) the political-economic organization and management of the goldfields via sedimented institutions of governance. The paper's arguments challenge assumptions across varying domains of commons scholarship that tend to exclude resources deemed “nonrenewable” from discussions of commons, demonstrating both that socio-natural particularities can render mineral deposits effectively “inexhaustible,” and that even subsoil resources perceived as finite can be managed by community members to facilitate collective access and broadly-shared benefit. They furthermore contribute to ongoing discussions regarding territorialization and governance in extractive landscapes, adding commons and commoning to the list of tactics and instruments used by mining communities to avoid dispossession, order activities, and sustain livelihoods. Recognizing mineral commons in Betsiaka and beyond thus has significant implications for enhancing our understanding of local mineral politics—and also for rethinking approaches to formalization and decentralization.     

制度对于区域产业发展的影响研究——上海与深圳高科技产业发展比较

制度决定了交易成本,对于经济增长至关重要。产权确定了人与人之间使用稀缺资源的相互关系。有效率的产权应该具有排他性,根据排他性的程度产权可以分为私有产权与公有产权。制度和产权的变迁具有路径依赖特性。政府在制度和产权安排方面具有几乎垄断性的优势。上海与深圳的高科技产业发展比较,支持和验证了以上理论假设和判断。上海的高科技产业具有更大的规模和更广的行业门类,而深圳的高科技产业则具有更强的技术创新能力和更好的经济绩效。前者归咎于上海长期以来雄厚的产业基础,而后者则显示出制度对于区域产业发展模式乃至绩效的影响。不同的制度文化背景决定了高科技产业发展的不同制度安排。制度安排上的差异进而导致两地高科技产业发展绩效不同。     

Engaged Universals and Community Economies: The (Human) Right to Water in Colombia

While the United Nations' sanctioning of the human right to water was widely celebrated, many debate the adequacy and political potency of the rights discourse to frame water justice. Drawing on multi‐sited, ethnographic‐based fieldwork in Colombia in 2010 and 2011, and prioritizing activists' reflexivity, the paper explores how water activists in the 2007–2011 referendum campaign engaged the universal human right while making user‐run community aqueducts more visible as place‐based, not‐for‐profit, culturally attuned, and valid alternatives to the corporate model of water supply. This case study suggests that the human right to water cannot be separated from water commons, and that communal users and activists engage the universal under their own terms. It also suggests we think of these water models as “economic communities” in Gibson‐Graham's sense: ethical spaces to make explicit our social relations with water, and to cultivate selves and practices that enact alternative socio‐natural relations through water's circulations.     

Gendered division of labour and feminisation of responsibilities in Kenya; implications for development interventions

Analysing gender roles as a social organisation element of a community is critical for understanding actors’ rationales and agency with regard to allocation and use of resources. This article discusses gender relations and how they determine development outcomes, based on a highland-lowland case-study of participants of Farmer Field Schools in Kakamega Central Sub-County (highland) and Mbeere South Sub-County (lowland). The gender relations at stake include the gendered division of labour, gender roles and intra-household power relations as expressed in access and control of resources and benefits and their implications for agricultural development. The study used mixed methods, the Harvard Analytical Framework of gender roles and draws on the Neo-Marxist position on exploitation, categorisation and institutionalisation of power relations, empowerment and the critical moments framework to discuss the results. Results in both Sub-Counties show that patriarchy prevails, determining institutional design, access and control of resources and benefits. Social positions shape capabilities and strategies of actors in decision-making and use of resources to justify gender-specific institutional arrangements. In Kakamega, men get the lion share of incomes from contracted sugarcane farming despite overburdening workloads on women, while in Mbeere, both men and women derive incomes from Khat (Catha Edulis) enterprises. However, women are expected to spend their earnings on household expenditures, which were hitherto responsibilities of men, thereby contributing to the feminisation of responsibilities. Development policies and interventions thus need to be based on an understanding of men and women’s differential access and control over resources and the institutions underpinning men and women’s bargaining power in order to adopt more effective measures to reduce gender inequalities.     

Evaluating Comanagement for Social‐Ecological Fit: Indigenous Priorities and Agency Mandates for Pacific Walrus

Governance arrangements such as comanagement are regarded by many as promising arenas for effective natural resource management. However, measuring comanagement's success at achieving conservation goals has been equivocal. Our research evaluates the lack of conclusive outcomes through a critical consideration of how different goals and values inherent in comanagement affect the institutional (or policy) diagnostic of “fit.” More narrowly, sustaining natural resources requires that management policies foster fit between the scales of sociopolitical processes governing resource use and the scales of ecological processes regulating a resource. Without a process that encourages such harmonization, theoretical and empirical evidence suggests that comanagement regimes are unlikely to accomplish long‐term conservation goals. We use a case study of walrus comanagement under the U.S. Marine Mammal Protection Act to demonstrate that when the formal institutions preconditioning comanagement do not develop out of a deliberative process among comanagement partners, two major problems can arise: (i) Policy institutions mismatch ecological and social processes relevant to resources and communities; and (ii) data to assess the fit of institutions and support learning is more difficult to acquire. In our case study, both these factors constrain the ability of comanagement to foster walrus conservation or support the capacity of Native Alaskans to adapt to contemporary social and environmental conditions. Our research concludes that to achieve marine mammal conservation, previous institutional arrangements framing comanagement that are predicated on static conceptions of people and ecosystems must be redesigned to provide better policy fit across local to international priorities. To do so requires opening up deliberative spaces, where Western science and priorities are confronted with indigenous perspectives. However, the benefit of enhancing deliberation carries risks and costs related to trade‐offs between the values of democratic process, and protections for both wildlife species and indigenous groups.     

Ruling by Record: The Meaning of Rights,Rules and Registration in an Andean Comunidad

This contribution looks at land property relations in a peasant community in the central highlands of Peru. Rather than using a rights‐based approach, the authors propose a ‘practice force field approach’ for their analysis of property relations under communal land tenure regimes. Their study combines qualitative ethnographic case studies with quantitative analysis of data on land distribution. In contrast to rights‐based approaches, this perspective understands the legal discourses that people draw upon to explain property relations as ‘justifying rule talk’ rather than the reflection of a system of property rights. It is shown how property relations are shaped in mediated interactive processes, where official rules, moral principles, shared histories and strategic games come together. The authors use this practice force field approach to study Usibamba, an Andean community that has developed a true disciplinary regime of communal governance based on control over land. The role of ‘rule talk’ and the function of elaborate local systems of land registration are examined in the context of the annual reallocation of communal land. Particular attention is paid to the performance of the president of the comunidad during this delicate process and his reflections on the course of events.