Making the ‘rules of the game’: Constituting territory and authority in Nicaragua's indigenous communities

Indigenous communities, particularly in Latin America, are increasingly winning recognition of rights to lands and forests that they have managed or used historically under customary institutions. If property refers to ‘the rules of the game’, this article uses the constitution of indigenous communal territories in Nicaragua to examine the process of ‘making the rules’. Specifically, the recognition of rights by central governments leads to political contestations over both territory and authority as communities and indigenous political leaders vie for different configurations of both lands and new territorial authorities. That is, the process of constituting large collective territories is intimately related to the constitution of authority, as it involves not only the negotiation of physical boundaries but also the recognition of an existing authority structure – or the creation of a new entity – to represent the beneficiaries. In Nicaragua's North Atlantic Autonomous Region, then, the decision over ‘which configuration of territory’ is ultimately a political negotiation over which ‘authority’ will have the right to control and enforce access to which rights and benefits from land and natural resources.     

‘Forest governmentality’: A genealogy of subject-making of forest-dependent ‘scheduled tribes’ in India

This paper analyses the historical trajectories of both British colonial rule and independent India to categorise scheduled tribes and to appropriate and legalise forests in tribal areas. It builds upon Foucault's notion of governmentality to argue that the history of the scheduled tribes’ subject-making and the related history of forest demarcation is indispensable for understanding the current politics of decentralised forest management in India. Three dimensions of ‘forest governmentality’ - the history of categorisation, the politics of social identity, and the technologies of forest governance - are discussed to show how recent efforts to politicise forest tenure rights have reinforced political control over the scheduled tribes through new forms of authority, inclusion and exclusion. However, to claim their individual and community right to forestland and resources, the scheduled tribes have internalised their ‘new’ ethnic identity, thereby creating countervailing power and room to manoeuvre within the current forest governance regime. This is supported by a case study of the Bhil, a predominantly forest-dependent scheduled tribe in the semi-arid region of western India.     

Fenced in: Common property struggles in the management of communal rangelands in central Eastern Cape Province,South Africa

This paper takes as its starting point the assertion that current rangeland management in the central Eastern Cape Province (former Ciskei) of South Africa, is characterised primarily by an ‘open-access’ approach. Empirical material drawn from three case-study communities in the region is used to examine the main barriers to management of rangeland as a ‘commons’. The general inability to define and enforce rights to particular grazing resources in the face of competing claims from ‘outsiders’, as well as inadequate local institutions responsible for rangeland management are highlighted as being of key importance. These are often exacerbated by lack of available grazing land, diffuse user groups and local political and ethnic divisions. Many of these problems have a strong legacy in historical apartheid policies such as forced resettlement and betterment planning.     

农地流转中村集体的角色定位与“三权”权能完善

本文运用理论分析和文献研究法,基于强化农地流转过程中集体土地所有权的主体地位,完善农地流转权能设计,优化农地流转运行机制。研究表明,应明确村集体在农地流转中的法律地位和重要作用;集体土地所有权享有农地流转的管理与服务权能,农户土地承包权拥有农地流转的决策与收益权能,土地经营权体现为劳动生产和经营收益权能;促进农地流转由农户自发流转向村集体委托-代理流转方式的转化。现阶段应强化集体土地所有权的农地流转管理与服务权能,在农地流转过程中村集体既不能缺位,也不能越位、错位。     

Certification of family forests: What influences owners’ awareness and participation?

In the United States, 35% of the forestland is owned by family forest owners with approximately 0.2% of this land reported to be enrolled in a forest certification system. The current study was conducted to provide insights into factors influencing family forest owners’ decisions to certify their lands. The bivariate probit model with sample selection results suggests that receiving professional advice regarding the forestlands and having a written management or stewardship plan had the highest positive marginal effects on awareness of certification programs and participation in these programs. Non-timber objectives had negative marginal effects on awareness of certification programs.     

Exclusive versus inclusive devolution in forest management: Insights from forest land allocation in Vietnam's Central Highlands

The devolution of forest management is high on the agenda in international forest policy. Devolution is generally conceived as a policy that aims to include a more diverse set of actors in forest management. One of the most problematic outcomes of devolution policies, therefore, is their tendency to exclude the claims of some local actors. This paper examines the exclusionary effects of devolutions in settings characterized by overlapping state and customary regulations and links these effects to exclusive notions of property and governance contained in particular devolution policies. The paper draws on insights gained in a pilot initiative of forest devolution in Vietnam's Central Highlands. Forest land allocation, as the initiative is called in Vietnam, took an exclusive approach to devolution by assigning ownership-type rights on forest to local actors, obliging those to protect the forest against encroachment by other actors, and centering governance in the state. In this particular case, exclusive devolution failed to diminish the gap between state and customary regulations, created conflicts among local actors, and contributed to forest loss. The unintended outcomes of exclusive devolution suggest the need for an inclusive approach to devolution that accommodates diverse kinds of overlapping claims made by multiple actors. The key elements of inclusive devolution are proprietary but not ownership rights granted to individual users and nested governance relations involving state and customary actors.     

Intermediate levels of property rights and the emerging housing market in Ho Chi Minh City,Vietnam

Vietnam introduced a Policy of Renovation (‘Doi Moi’ Policy) to restructure the economy in 1986. Under this policy, the Land Use Right Certificate was introduced as a form of tenure for agricultural land and urban land, according to the Land Laws of 1987 and 1993, respectively. However, by 2001, most properties and/or land in Vietnam still did not have a legal title. Although Vietnam's land reforms in the 1990s provided some of the weakest private rights among the transition countries, big cities like Ho Chi Minh City are presently homes to thriving housing markets. Transactions of ‘property without a physical entity and legal title’ in the real estate market show how property ownership can be formed in order to operate within different institutional contexts. This paper highlights that ‘intermediate levels of property rights’ are the driving forces behind the thriving housing market in Ho Chi Minh City.     

Why protection of biodiversity creates conflict – Some evidence from the Nordic countries

Protection of biodiversity on private forest land often yields conflict. In standard economic theory, disputes about compensation and compensation level are held forward as the main reason for conflict. We discuss the reasons for conflict in protection of biodiversity in forests also including institutional explanations and use survey data on Nordic forest owners to empirically explore different hypotheses for why conflict appears. Type of process and level of communication stand out as important elements when explaining forest owners’ attitudes towards forest protection. If one wants to lessen or avoid conflict, offering forest owners extended possibilities to participate in the protection process is important.     

A modified production possibility frontier for efficient forestry management under the New Zealand Emissions Trading Scheme

Carbon sequestered through increased forest biomass provides a low cost means to curb emissions and has become a major focus of New Zealand's Emissions Trading Scheme. We present a forest planning optimisation model where land use is governed by forest owners maximising the returns to both timber harvest and carbon sequestration. By varying carbon prices, we model efficient trade‐offs between the two forest activities along a modified production possibility frontier for four distinct wood supply regions in New Zealand. Results show that while more productive regions such as the Central North Island (CNI) and Northland have a greater capacity as a carbon sink, it is the less productive regions that have a comparative advantage in carbon sequestration in terms of a lower cost of wood production revenue foregone. However, moderate increases in carbon uptake can be achieved in the CNI at low opportunity cost by subtle changes in forestry management. The implication for policy‐makers is that initial increases in carbon sequestration will be achieved at the lowest cost to society by favouring high volume timber production in some productive woodland areas and/or by more carbon farming in less productive areas.     

Forest transitions: An introduction

When people speak about ‘forest transitions’, they generalize about the ways in which the extent of forested land changes as societies undergo industrialization and urbanization. Alexander Mather coined the term ‘forest transition’, outlined a theory to explain it, and carried out a series of careful historical studies to illustrate the idea. The papers assembled in this special issue both extend and deepen Mather's pathbreaking work. They suggest that the idea of the forest transition, like the much critiqued idea of a demographic transition in population studies, has become a useful theoretical tool for understanding contemporary land use changes.     

Analysis of individual private forestry in northern Spain according to economic factors related to management

In addition to being motivated by profit, the management decisions taken by non-industrial private forest (NIPF) owners involve other considerations beyond timber, such as non-timber goods and services, as well as factors that affect the level of timber output from the land. Ensuring and improving forest profitability to make NIPF management viable is one of the main challenges faced by this type of landowner. This study empirically explores and assesses management by NIPF owners, through analysing attributes of forest economics (investment in holdings, expenditure on planting and silviculture, public subsidies, along with timber and non-timber incomes). With the aim of predicting outcomes, a multiple regression model was also constructed to investigate and quantify the relationship between socioeconomic and holding factors, and the planting activities carried out by NIPF owners. For this, 103 resident forest landowners in a forest region in northern Spain were interviewed in person, during March 2004, about their commitment to and involvement in land management during the period 1999–2003. The results mainly revealed that attractive forest returns and favourable market conditions for timber production are significant factors for investment in and development of forestry, with personal and family conditions also being important factors in explaining the type of land management carried out. In particular, the multiple linear regression model for forest planting activity correctly explained 84.5% of the variability observed in the study population, indicating that both the investments in and the incomes from forestry play an important role in the activity, as does the size of the holding. The findings may be of interest in promoting public measures related to timber markets and economic incentives for forest management, which will allow landowners to develop economically viable practices, as well as enabling fulfilment of social and environmental demands for sustainable forestry and rural development.     

Simulating land use changes under alternative policy scenarios for conservation of native forests in south-central Chile

In this study, we combined policy analysis with landscape change modeling to simulate outcomes of alternative forest conservation instruments proposed by opposing policy coalitions. In 1992, concern over rapid land conversion to timber plantations (Pinus radiata and Eucalyptus spp.) in Chile gave rise to a protracted policy process resulting in the 2008 Native Forest Law (NFL), which subsidizes reforestation and management with native forest. To date, however, NFL has had little impact on native forest conservation. To understand how the policy process that created the NFL shaped its outcomes, we employed the Dyna-CLUE modeling approach to simulate land use changes in south-central Chile from 1993 to 2007, based on 3 scenarios: (1) enactment of NFL in 1993 when the law was originally debated, and the different configurations of subsidies and regulations proposed in the NFL policy debate by (2) the industrial forestry coalition and (3) the forest conservation coalition. We observed no major difference in native forest loss between simulated outcomes of the industry-advocated policy and the actual NFL legislation. The conservation coalition’s policy scenario increased native forest area, primarily in shrub steppe areas, but also via conversion of pine plantations if incentive payments were large enough. However, NFL payments are inadequate to make native forest management a viable economic land use alternative to industrial pine plantations, which are also subsidized in Chile. Gains in native forest cover occurred mostly on lands under ancestral indigenous claims (unrelated to the discussion of the NFL). We conclude that the NFL, even if enacted in 1993, would have been ineffective in preventing native forest loss, because tree plantations are more profitable and NFL regulations were weakened by the industrial coalition that opposed—and strongly shaped—the final legislation. Effective incentives for protecting early-successional forests and shrublands are needed to mitigate further losses and foster recovery of Chile’s native forests.     

Why are there so few afforestation and reforestation Clean Development Mechanism projects?

Of the more than 1600 Clean Development Mechanism (CDM) projects that are currently registered with the United Nations Framework Convention on Climate Change (UNFCCC), only four are afforestation or reforestation projects. This paper asks why there are so few CDM afforestation or reforestation (CDM A/R) projects given the many economic, social and environmental benefits that such activities potentially offer. The authors discuss the question from two perspectives: namely the constraints to the development of CDM A/R projects and the features of ‘successful’ CDM A/R projects. Constraints to the development of CDM A/R projects include financial, administrative and governance issues. Analysis of the four registered CDM A/R projects suggests that ‘successful’ CDM A/R applications are likely to be characterized by the following: initial funding support; design and implementation guided by large organizations with technical expertise; occur on private land (land with secured property rights attached); and most revenue from Certified Emission Reductions (CERs) is directed back to local communities. It is argued that the CDM needs to be reformed to support the development of more CDM A/R projects, particularly with regards to incorporating greater flexibility, simplifying the methodological and documentation procedures of CDM registration, and redefining the role of the UNFCCC in CDMs from one of adjudication to one of facilitation.     

矿业用地当继承清朝的股份合作制

清朝末期的<大清矿务章程>设专章规定矿业用地制度.在法律中界定了地权与矿权及其关系,矿商不能拥有地权;业主以地投入矿山作为股本,参与分红;业主与其他股东地位相同,参与矿山企业经营和财务管理;矿山是以地入股的资本合作与业主参与经营决策的成员合作所组成的"股份合作"企业.股份合作是矿业用地的基本方式,业主不愿以地入股时可由官方购买再投入矿山,业主也不愿意被购买时才采用承租方式.我国现在缺乏矿业用地制度,清朝末期矿业用地首选股份合作的方式值得继承.     

Diverse local regulatory responses to a new forestry regime in forest communities in the Bolivian Amazon

Over the last decade, important land and forest governance reforms have taken place in many tropical countries, including the devolution of ownership rights over land and forests, decentralization that created mechanisms for forest dwellers to participate in decision making in lowest tiers of governments. These reforms have resulted in an intensive academic debate on governance and management of forests and how actors should be involved. An important but understudied element in this debate is the ways in which communities cope with new legislation and responsibilities. Property rights bestowed by the government leave many aspects undecided and require that local forest users devise principles of access and allocation and establish authority to control those processes. We studied 16 communities in the northern Bolivian Amazon to evaluate how forest communities develop and control local rules for resource access and use. We found that the first requirement to community rule design, enforcement, and effective forest management is the opportunity to, and equity of, access to forest resources among members. Under the newly imposed forestry regulations, communities took matters in their own hands and designed more specific rules, rights and obligations of how community members could and should use economically important resources. The cases suggest that communities hold and maintain capacity to prepare their own ownership arrangements and related rules, even if they are strongly conditioned by the regulatory reforms. Very specific local histories, that may differ from community to community, influence strongly how specific ideas are being shaped, which in northern Bolivia resulted in notable local differences. The results suggest that new regulatory regimes should create appropriate conditions for communities to define adequate or at least convenient forestry institutions that assure an acceptable level of collective coexistence according to each particular communal history.     

RESOURCE MANAGEMENT,SUSTAINABILITY AND PROPERTY RIGHTS IN NEW ZEALAND*

Sustainable land management objectives in New Zealand have recently been redefined in the Resource Management Act 1991. The new legislative framework can be viewed in part as an adjustment in existing property rights to meet resource use externalities. An understanding of the structure and characteristics of property rights in land clarifies a number of issues in the area of economic efficiency and administrative practicality, and focusses on areas where appropriate solutions to externalities may be difficult to achieve.     

Relationships between absenteeism,conservation group membership,and land management among family forest owners

Absentee landowners, or those who do not live on their forestland, own approximately 117 million acres of private forestland in the U.S. Thus, their land management decisions and activities influence the flow of forest-based goods and services. We explore the question of whether absentee family forest owners are less active land managers than resident landowners and whether membership in conservation organizations is associated with higher levels of land management activity by absentee owners. To examine these questions, we administered a mail survey to randomly-selected family forest landowners in Indiana. While we found some support for the contention that absentee owners are less active forestland managers than resident owners, we also found they are not necessarily inactive landowners. We found absentee owners were less likely to have: inspected their forestland for invasive plants, pulled or cut invasive plants, used herbicides to kill invasive plants, reduced fire hazard, or grazed livestock than resident owners. Absentee owners were more likely to be enrolled in the Indiana Classified Forest and Wildlands Program, a preferential forest property tax program. Absentee owners who are members of a conservation organization were more likely than absentee non-member owners to have undertaken a variety of land management activities, including: undertaking wildlife habitat improvement projects, inspecting their forestland for invasive plants, pulling or cutting invasive plants, enrolling in the Indiana Classified Forest and Wildlands program, and obtaining a management plan.     

Adapting to the gender order: Voluntary conservation by forest owners in Finland

In this article we explore the hidden gender order of the biodiversity policy and, in particular, the social and societal positions offered to male and female forest owners in voluntary conservation. Two studies were conducted in the region where the National Biodiversity Program for Southern Finland (“METSO”) has been implemented. Study 1 focused on forest owners’ discursive practices that construct different actor positions to female and male forest owners; 27 interviews with forest owners were analyzed. Three discourses – “conservation threatens forestry,” “forestry threatens conservation,” and “good forestry is conservation” – were identified. Forest owners typically described themselves as “loggers” who were explicitly described as masculine. This was paired with the feminine position of “bystander.” The other two positions found, “protectors” and “political agents”, by contrast, were discussed as non-gendered positions. In Study 2 we examined quantitatively how individual forest owners’ nature conservation preferences and willingness to conserve forests is mediated by gender. The responses of 965 owners were analyzed with structural equation modeling. The endorsement of nature conservation preferences was found to increase willingness to conserve forests only among male owners. The results illustrate how individual forest owners adapt their nature conservation preferences to forestry's masculine socio-cultural context.     

论土地善治

研究目的:探讨新时代背景下土地善治的概念、特征及体系。研究方法:归纳分析与演绎推理。研究结果:土地善治实质上是一种对管理理想状态的孜孜追求,其核心是由政府与非政府协同及多向网络化的管理模式,目标是以最小的政府和社会投入获取最大的土地管理效应;土地善治应遵循土地的基本属性、土地利用的价值准则和政策目标;现阶段实施土地善治重点需处理好土地行政管理权与国有土地所有权、政府与村民委员会及政府与农民等的关系。研究结论:土地善治是新时代土地管理的必然选择,土地资源的基本属性、土地利用的价值准则和政策目标是科学构建土地善治体系的基本逻辑依据。