Download or read book Conflict Negotiations and Natural Resource Management written by Maarten Bavinck and published by Routledge. This book was released on 2014-10-17 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts over natural resources abound in India, where much of the population is dependent on these resources for their livelihoods. Issues of governance and management are complicated by the competing claims of parallel legal systems, including state, customary, religious, project and local laws. Whereas much has been written about property rights, this unique collection takes a legal anthropological perspective to explore how the coexistence and interaction between multiple legal orders provide bases for claiming property rights. It examines how hybrid legal institutions have developed over time in India and how these impact on justice in the governance and distribution of natural resources. The book brings together original case studies that offer fresh perspectives on the governance of forests, water, fisheries and agricultural land in a diverse range of social and spatial contexts. This brand new research provides a timely and persuasive overview of the fundamental role of parallel legal systems in shaping how people manage natural resources. It will be of interest to scholars and practitioners of environmental law, property law, environmental politics, anthropology, sociology and geography.
Download or read book Natural Resources Environment and Legal Pluralism written by René Kuppe and published by Martinus Nijhoff Publishers. This book was released on 1997 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law & Anthropology Yearbook brings together a collection of studies that discuss legal problems raised by cultural differences between people & the law to which they are subject. Most of the contributions to Volume 9 were presented at the IXth International Symposium of the Commission on Folk Law & Legal Pluralism, & focus on the subject of 'Natural Resources, Environment, & Legal Pluralism'. The natural resources which form the environment of rural people are subject to increasing pressures. Intensive forms of resource extraction increasingly endanger the continued availability & ecological quality of land, forest & water resources. Especially in regions inhabited by indigenous peoples, struggles over the control & social & economic function of natural resources are directly linked to conflicts over political & economic self-determination. Inevitably, the different legal systems, & the substantive & procedural possibilities they provide, become involved in struggles over political, economic & ecological values & objectives. The focus on natural resource management issues therefore is a particularly fruitful field to examine the contemporary functions of folk law in complex legal & economic systems.
Download or read book Law and Anthropology written by René Kuppe and published by BRILL. This book was released on 2023-12-14 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Anthropology Natural Resource Environment and Legal Pluralism written by Rene Kuppe and published by Springer. This book was released on 1997-04-28 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Download or read book Environmental Law and Governance in the Pacific written by Margaretha Wewerinke-Singh and published by Routledge. This book was released on 2020-08-26 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines environmental law and governance in the Pacific, focusing on the emerging challenges this region faces. The Pacific is home to some of the world’s most astonishing biological and cultural diversity. At the same time, Pacific Island nations are economically and technically under-resourced in the face of tremendous environmental challenges. Destructive weather events, ocean acidification, mining, logging, overfishing, and pollution increasingly degrade ecosystems and affect fishing, farming, and other cultural practices of Pacific Islanders. Accordingly, there is an urgent need to understand and analyse the role of law and governance in responding to these pressures in the Pacific. Drawing on academic and practitioner expertise from the Pacific region, as well as Europe and the United States, this unique collection navigates the major environmental law and governance challenges of the present and future of the Pacific. Environmental Law and Governance in the Pacific discusses 21 Pacific Island countries and territories, including Cook Islands, Fiji, Papua New Guinea, Solomon Islands, Vanuatu, and Samoa, and a broad range of themes, such as deep-sea mining, wetlands and mangroves, heritage, endangered species, human rights, and access to justice, are addressed, thus providing a comprehensive and state-of-the-art overview of environmental law and governance within specific jurisdictions as well as across the Pacific region as a whole. This volume will be essential reading for students and scholars interested in environmental law and governance in the Pacific region, as well as policy-makers, practitioners and NGOs involved in the development and implementation of environmental law and policy.
Download or read book Property Rights and Economic Development written by Toon van Meijl and published by Routledge. This book was released on 1999 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book The Rahui written by Tamatoa Bambridge and published by ANU Press. This book was released on 2016-03-22 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection deals with an ancient institution in Eastern Polynesia called the rahui, a form of restricting access to resources and/or territories. While tapu had been extensively discussed in the scientific literature on Oceanian anthropology, the rahui is quite absent from secondary modern literature. This situation is all the more problematic because individual actors, societies, and states in the Pacific are readapting such concepts to their current needs, such as environment regulation or cultural legitimacy. This book assembles a comprehensive collection of current works on the rahui from a legal pluralism perspective. This study as a whole underlines the new assertion of identity that has flowed from the cultural dimension of the rahui. Today, rahui have become a means for indigenous communities to be fully recognised on a political level. Some indigenous communities choose to restore the rahui in order to preserve political control of their territory or, in some cases, to get it back. For the state, better control of the rahui represents a way of asserting its legitimacy and its sovereignty, in the face of this reassertion by indigenous communities.
Download or read book Legal Pluralism and Dynamic Property Rights written by Ruth S. Meinzen-Dick and published by . This book was released on 2002 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper illustrates the implications of legal pluralism for our understanding of natural resource management and policies toward resource tenure, using the example of water rights.
Download or read book Human Rights Natural Resource and Investment Law in a Globalised World written by Lorenzo Cotula and published by Routledge. This book was released on 2012-03-12 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the world’s developing countries, foreign investment in natural resources brings into contact competing interests that are often characterised by unequal balances of negotiating power – from multinational corporations and host governments, through to the local people affected by the influx of foreign investment. The growing integration of the world economy has been accompanied by rapid and extensive developments in the national and international norms that regulate investment and its impact – including investment law, natural resource law and human rights law. These legal developments affect the ‘shadow’ that the law casts over the multiple negotiations that characterise international investment projects in the developing world. Drawing on international law, the national law of selected jurisdictions and the contracts concluded in a large investment project, Human Rights, Natural Resource and Investment Law in a Globalised World explores the ways in which the law protects the varied property rights that are at play in foreign investment projects in developing countries, with a focus on Africa. Through an integrated analysis of seemingly disparate fields of law, this book sheds new light on how the law mediates the competing interests that come into contact as a result of economic globalisation, whilst also providing new insights on the changing nature of state sovereignty and on the relationship between law and power in a globalised world. This book will be of interest to scholars, students and informed practitioners working in the fields of international investment and human rights law, comparative law, socio-legal studies, and development studies.
Download or read book The troubled triangle Unravelling the linkages between inequality pluralism and environment written by Wil G. Pansters and published by Rozenberg Publishers. This book was released on 2008 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finally, the fourth section looks at the interrelations between environmental issues and cultural pluralism.
Download or read book Though All Things Differ written by Eva Wollenberg and published by CIFOR. This book was released on 2005-01-01 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pluralism is a political belief that acknowledges individuals’ rights to pursue their interests, but requires society to resolve differences where they infringe upon each other. This guide shows how pluralism helps people to value social differences and provides clear principles and rules about how to coordinate those differences. The guide reviews pluralism’s origins, key elements and strengths and weaknesses. It examines how people think about differences, including the psychological obstacles that cause us to exclude or ignore others. Practices are examined with examples drawn from forest-related contexts: legal pluralism, multistakeholder processes and diversity in work teams. Questions are provided to help the reader assess and practice pluralism in their own settings. The guide concludes that understanding the political assumptions and principles of pluralism can enrich our understanding of current practices to develop fundamentally new approaches to forest decision-making.
Download or read book The Role of Law in Natural Resource Management written by Joep Spiertz and published by Wilfrid Laurier Univ. Press. This book was released on 1996 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why is it that the management of natural resources, although rational and well meaning, has so far very much resembled a “bull in a china shop”? Governments and organizations have responded to increasing pressure on scarce natural resources by creating a multiplicity of, and occasionally conflicting, rules. In the resulting confusion, policy objectives are never realized. Contributors to The Role of Law in Natural Resource Management investigate these responses and ask questions designed to illuminate the real complexity of the natural resource arena. To illustrate that preference for private property over common property is a core problem in both industrialized and developing countries, the editors have assembled case studies from both Western and non-Western countries. The contributors to this volume cover classic topics such as the managment of pasture in the colonial and post-colonial Sahel and the fisheries in the eastern United States and Canada. They go beyond these to the management of the woodlot and dairy industries in Canada, irrigation water in Nepal and Bali and the privatization of ejido lands in Mexico.
Download or read book Legal Pluralism and Its Impact on Sustainability written by James S. Krueger and published by . This book was released on 2017 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: A broad literature in natural resource management establishes how community-based institutions can manage some natural resources well, but this literature has not fully considered the social context of management institutions and their history of interactions with state law. The dissertation applies a legal pluralism framework and engages the debate about whether legal pluralism -- the multiplicity and overlap of local authorities in resource management -- leads to (dis)incentives to conserve. In specific the dissertation asks: what factors or problem areas of legal pluralism might be associated with more (or less) sustainable land, forest, and water management? This question is explored in four micro cases of legal pluralism in Meru, Kenya. Each micro case focuses on a different set of institutions and a different sustainability outcome. The case studies are: chiefs and erosion control, elders' councils and tree-cutting regulations, land committees and decisions to set aside hilltop forest reserves, and resource user groups and watershed maintenance. The case studies highlight different social institutions and their interaction with the Kenyan state from the time of British colonialism to the present day. Each of the cases involves miraa farmers -- their natural resource decisions, their compliance with state law, and their participation in non-state institutions and stakeholder forums. Miraa farming provides an interesting context for this study because miraa is a legal but often criticized stimulant crop that has been ignored (or threatened) by state law. It is thus open to community-level management under customary authorities. A major conclusion of the research is that greater semi-autonomy and greater allowances for systems of moral rewards in social institutions can, under the right conditions, greatly augment the state's sustainability policies, despite introducing complexity and multiplicity in resource management. A second major conclusion is that it is not necessary for each resource to have one owner or a single dominant set of rules. The history of attempts to fit resources to the "one owner" model has been one of unnecessary antagonism between state law and social institutions at the neighborhood level.
Download or read book Natural Resources Policy and Law written by Lawrence J. MacDonnell and published by . This book was released on 1993 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawrence J. MacDonnell is director and Sarah F. Bates is associate director of the Natural Resources Law Center at the University of Colorado School of Law. Bates is co-author, with Marc Reisner of Overtapped Oasis.
Download or read book Governance of Natural Resources written by Jin Satō and published by UN. This book was released on 2013 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Scholarly communities and policy experts have a tendency to divide natural resources into categories, hindering holistic understanding. Similarly, the stakeholders themselves--the state, business and people--are conceived monolithically, making it difficult to grasp how business interests, intra-bureaucratic politics and civil society movements influence policy outcomes. This book examines the socio-political dynamic generated by the environment and its attendant resources: how nature becomes a resource, and how this process in turn shapes our vision of society. It deploys a case study approach in examining the interactions between bureaucratic institutions; rural communities; national leaders and business elites, allowing for a more nuanced analysis. Particular emphasis is placed on how resources become the subject of conflict--but also opportunities for cooperation--and how different societies might establish more sustainable interactions with nature. The way society controls natural resources is the foundation of both economic development and environmental conservation. The primary motive for natural resource management has been the development and production of marketable commodities, and institutional structures have been shaped accordingly. The Social Constitution of Natural Resources asks that we re-consider the very concept of resources, and how we view them"--
Download or read book After Recognition written by Melanie Wiber and published by Lit Verlag. This book was released on 2008 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special issue studies the claims by minority and indigenous groups to the recognition of special status or rights in natural resources, and the possible effects of their success, especially in the light of the rising cost and increasing failure of command and control natural resource management systems. Cases are examined from the Northern Philippines, Southern Africa, the Vietnamese Uplands, Sumatra Indonesia, Ghana, Atlantic Canada, Norway and Kunming China.
