The Alps and Their Common Property Rights: Resource, Regulation and Exploitation 1500–1914

Author(s):  
Robert Dodgshon
2012 ◽  
Vol 56 (1) ◽  
pp. 16-26 ◽  
Author(s):  
Alessandro Paletto ◽  
Isabella De Meo ◽  
Fabrizio Ferretti

Abstract The property rights and the type of ownership (private owners, public domain and commons) are two fundamental concepts in relationship to the local development and to the social and environmental sustainability. Common forests were established in Europe since the Middle Ages, but over the centuries the importance of commons changed in parallel with economic and social changes. In recent decades, the scientific debate focused on the forest management efficiency and sustainability of this type of ownership in comparison to the public and private property. In Italy common forests have a long tradition with substantial differences in the result of historical evolution in various regions. In Sardinia region the private forests are 377.297 ha, the public forests are 201.324 ha, while around 120.000 ha are commons. The respect of the common rights changed in the different historical periods. Today, the common lands are managed directly by municipalities or indirectly through third parties, in both cases the involvement of members of community is very low. The main objective of the paper is to analyse forest management differences in public institutions with and without common property rights. To achieve the objective of the research the forest management preferences of community members and managers were evaluated and compared. The analysis was realized through the use of the principal-agent model and it has been tested in a case study in Sardinia region (Arci-Grighine district). The analysis of the results showed that the categories of actors considered (members of community, municipalities and managers) have a marked productive profile, but municipalities manage forests perceiving a moderate multifunctionality. Moreover, the representatives of the municipalities pay more attention to the interests of the collectivity in comparison to the external managers. They also attribute high importance to environmental and social forest functions.


2014 ◽  
Vol 19 (5) ◽  
pp. 417-426 ◽  
Author(s):  
Alessandro Paletto ◽  
Isabella De Meo ◽  
Maria Giulia Cantiani ◽  
Dario Cocciardi

Author(s):  
David Harvey

The role of the state in neoliberal theory is reasonably easy to define. The practice of neoliberalization has, however, evolved in such a way as to depart significantly from the template that theory provides. The somewhat chaotic evolution and uneven geographical development of state institutions, powers, and functions over the last thirty years suggests, furthermore, that the neoliberal state may be an unstable and contradictory political form. According to theory, the neoliberal state should favour strong individual private property rights, the rule of law, and the institutions of freely functioning markets and free trade. These are the institutional arrangements considered essential to guarantee individual freedoms. The legal framework is that of freely negotiated contractual obligations between juridical individuals in the marketplace. The sanctity of contracts and the individual right to freedom of action, expression, and choice must be protected. The state must therefore use its monopoly of the means of violence to preserve these freedoms at all costs. By extension, the freedom of businesses and corporations (legally regarded as individuals) to operate within this institutional framework of free markets and free trade is regarded as a fundamental good. Private enterprise and entrepreneurial initiative are seen as the keys to innovation and wealth creation. Intellectual property rights are protected (for example through patents) so as to encourage technological changes. Continuous increases in productivity should then deliver higher living standards to everyone. Under the assumption that ‘a rising tide lifts all boats’, or of ‘trickle down’, neoliberal theory holds that the elimination of poverty (both domestically and worldwide) can best be secured through free markets and free trade. Neoliberals are particularly assiduous in seeking the privatization of assets. The absence of clear private property rights––as in many developing countries––is seen as one of the greatest of all institutional barriers to economic development and the improvement of human welfare. Enclosure and the assignment of private property rights is considered the best way to protect against the socalled ‘tragedy of the commons’ (the tendency for individuals to irresponsibly super-exploit common property resources such as land and water).


2012 ◽  
Vol 19 (1) ◽  
pp. 94 ◽  
Author(s):  
Christine M. Beitl

After decades of mangrove deforestation for the development of shrimp farming, the Ecuadorian state began to officially recognize the ancestral rights of traditional users of coastal mangrove resources in the late 1990s. This article traces the trajectory of coastal policy change and the transformation of mangrove tenure regimes from an implicit preference for shrimp aquaculture to a focus on conservation and sustainable development with greater community participation through the establishment of community-managed mangrove areas called custodias. I argue that while the custodias have empowered local communities in their struggle to defend their livelihoods and environment against the marginalizing forces of global shrimp aquaculture, the implementation of common property arrangements for mangrove fishery management has changed the nature of property rights, the distribution of resources, and social relations among collectors of mangrove cockles (Anadara tuberculosa and A. similis). I suggest a need to develop a political ecology of the commons, an analytical approach applied here to examine the fundamental shift in the nature of the struggle over mangrove resources, from artisanal fishers versus shrimp farmers to a struggle between compañeros: members of associations versus independent cockle collectors. Such a shift in the struggle over resources threatens to undermine the sustainability of the fishery. I conclude that shifting access may be an important underlying factor contributing to a tragedy of enclosures in Ecuador's mangrove cockle fishery.Keywords: political ecology; property rights; common property; access; tragedy of enclosures; shrimp aquaculture; mangroves; artisanal fisheries; Anadara spp., Ecuador


2019 ◽  
Vol 78 (1) ◽  
pp. 124-147 ◽  
Author(s):  
Christopher Rodgers

AbstractThis article argues that public property rights should be recognised as a separate category of property interest, different and distinct from private and common property interests and conferring distinctive rights and obligations on both “owners” and members of the public. It develops a taxonomy to differentiate private, public and common property rights. The article concludes that it is a mistake to think in terms of “private property”, “common property” or “public property”. The division and allocation of resource entitlements in land can result in private, common and public property rights subsisting over the same land simultaneously, in different combinations and at different times. The categorisation of property interests in land (as private, common or public) may also shift and change from time to time. The article considers the importance of distinguishing between private, common and public property interests for developing new strategies for environmental governance, and for implementing the effective protection of natural resources.


2005 ◽  
Vol 10 (1) ◽  
pp. 67-85 ◽  
Author(s):  
JANE KABUBO-MARIARA

This paper examines the response of herders to increased shortage and degradation of land in an arid and semi-arid land setting in Kenya, under changing property right regimes using both survey and secondary data. We argue that the responses adopted are livelihood strategies to improve herder's welfare. We explore the determinants of three different strategies: crop cultivation, investment in land improvements, and migration with livestock. We employ the probit regression framework to explain each strategy. The main findings of the study are that private property rights, educational attainment, and availability of water are major determinants of the three strategies. We recommend policies that favour privatization of existing common property resources, improve education levels, and increase supply of water in the district.


1973 ◽  
Vol 33 (1) ◽  
pp. 43-65 ◽  
Author(s):  
Stanley L. Engerman

The existence of property rights affects the allocation and distribution of economic resources. The exclusive rights to ownership and control over assets leads to a different level and pattern of economic activity than would occur if these assets remained unowned or “common property.” While property rights are frequently subject to various constraints imposed by law or custom, within these bounds owners are free to use their resources to achieve their desired ends. Resources may be sold in an exchange of property rights, rented for a specified time period in exchange for some quid pro quo, or employed (or kept idle) by the owner himself. The owner's welfare function will include the income (or other utility) derived from use of the resource, while, for purposes of measuring national income, the final consumption of the entire population would be included.


1991 ◽  
Vol 9 (4) ◽  
pp. 417-429 ◽  
Author(s):  
B P Herber

In this paper economic theory is applied to the global atmospheric problems of greenhouse warming and ozone-layer depletion. Previous work by economists on the subject of environmental pollution has largely ignored the global dimension of the problem such as characterizes the greenhouse and ozone issues, thus resulting in the absence of an appropriate property rights basis for implementing economically efficient atmospheric utilization policies. The present analysis is an attempt to fill this void and, in so doing, to construct an economic basis for global atmospheric policies. Its analytical foundation will utilize such economic concepts as public goods and bads, externalities, common property resources, and Pareto-efficiency. The study will interact with the disciplines of international law and political science because of the relevance of political institutions and property rights to the analysis. The nature of the economic demand and supply for a clean global atmosphere is examined in section 1 and in section 2 the problems inherent in international collective consumption such as occurs in the utilization of the global atmosphere are considered. In section 3 the economist's Pareto-efficiency rule is applied as a basis for international agreements in pursuit of efficient atmospheric use and in section 4 global atmospheric policy options are considered within the parameters of contemporary international social choice institutions. The creation of a sovereign international body to implement an international law of the atmosphere that is founded upon the legal premise of global property rights to the atmosphere is recommended.


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