Property rights and the environment: social and ecological - download pdf or read online

By Susan Hanna, Mohan Munasinghe

ISBN-10: 0821334158

ISBN-13: 9780821334157

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McCay and Acheson 1987; Berkes 1989; Bromley 1989; Feeny and others 1990; Ostrom 1990). The regime types are ordered loosely along a spectrum of ownership. Private property, res privatae, assigns ownership to named individuals, guaranteeing to those owners control of access and the right to a bundle of socially acceptable uses (Black 1968). It requires of the owners that they avoid specified uses which are deemed socially unacceptable, such as fouling the water of streams. Common property, res communes, is owned by an identified group of people, which has the right to exclude nonowners and the duty to maintain the property through constraints placed on use (Ciriacy-Wantrup and Bishop 1975; McCay and Acheson 1987; Berkes and others 1989; Bromley 1989; Stevenson 1991).

Social contexts contain all the dimensions of the human relationship to environmental resources, including social arrangements, cultural practices, economic uses, and political constraints. Ecological contexts contain the structure of ecosystems in which humans live and work, as well as the particular functional properties of those ecosystems. The particular details of the social and ecological context are what give a humanenvironmental interaction its variety in detail. The match between a property rights regime and the contextual characteristics of the affected humans and ecosystems will determine success or failure in terms of sustainability.

For the New Zealand Maori, traditional property rights have been recognized by customary law. Bodies of local knowledge have been accepted as legal evidence in the process of restoring usurped rights. The codification of existing rights and customary laws within a system of statutory law in various cultural settings is a contemporary process in many nations in the Pacific Basin, which might provide useful precedents for application worldwide. Linking Mechanisms The question of linkages is addressed in four chapters that examine their function in nested forest tenure systems, fisheries, and joint farmingforestry systems.

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Property rights and the environment: social and ecological issues by Susan Hanna, Mohan Munasinghe


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