Whose land? The political economy of land titling in transitional economies

During processes of economic reform and transition, decision-makers are facing questions with potential far-reaching consequences, such as what institutions should be established, how to determine the relationship between state and market, and in what time frame and order. Against this background, this special issue has brought together four articles that analyze the type of institutional arrangements that emerge over time in relation to one of the basic means of production: land. The various contributions pay particular attention to an often-contested institutional development, the registration of land holdings. By proceeding with land titling under conditions of low socio-economic development, the state risks creating what is here termed as an “empty institution” rather than a “credible institution.” In other words, the new institution remains nothing more than a paper agreement or a hollow shell with little or even a negative effect on the actions of social actors. It is what might be called the “collective trust” in the system. As land becomes increasingly marketized and commodified, the state should ensure that the emerging land market does not result in a rapid concentration of land in the hands of a mighty few. This implies the control of market forces through the restriction or prohibition of land sales or land rental. In this context, effecting institutional change through land titling should be done with the utmost care.     

河北省集体林权制度改革的实践与思考

重点论述了河北省集体林权制度改革的范围、重点和目标,以及改革的实质、思路、主要内容。指出目前已取得了初步成效:群众造林绿化积极性明显提高,社会资金开始向林业聚集,农民从林业中得到了更多实惠等,但依然存在思想不解放、确权发证工作困难、林权抵押贷款工作落实困难等突出问题。认为应继续加大宣传力度;坚持依法确权发证,把矛盾纠纷解决在当地;坚持政府协调,推动财政、保险等部门对林业的协作支持;加快配套政策的研究与改革。     

对中国集体林区产权改革诸问题的认识

集体林产权改革必须尊重历史,尊重广大基本群众对土地和民生的基本诉求,切实维护他们对土地基本的权力,核心是公平,而不是效率,效率上的改革企图只能在局部成功。应当清醒地认识到这次改革目标是有限的。为此提出了4点建议:(1)尽快彻底取消林业税费。(2)加强林业产权制度、基层森林管理模式、利益分配机制的综合研究和试验。(3)林业部门主动放弃“森林”和“环境”等主导名词,而代替为“林农”、“林业”和“林区”“三林问题”新的话语。寻求少数林区作为改革试点,探索林区社会福利事业生成路径和管理模式,用以购买农民的森林所有权和林地的使用权,探索集体林区森林国有化改革的道路。(4)寻求多样化、有弹性的林业改革发展道路。     

对我国集体林区产权改革一些问题的认识

集体林产权改革必须尊重历史,尊重广大基本群众对土地和民生的基本诉求,切实维护他们对土地的基本权力,核心是公平,而不是效率,效率上的改革企图只能在局部成功。新一轮林业产权改革没有触及林业行政和政府服务体系的改革。建议:尽快彻底取消林业税费;加强林业产权制度、基层森林管理模式、利益分配机制的综合研究和试验;林业部门主动放弃“森林”和“环境”等主导名词,而代替为“林农”“、林业”和“林区“”三林问题”新的话语;用以购买农民的森林所有权和林地使用权寻求少数林区作为改革试点,探索林区社会福利事业生态路径和管理模式,探索集体林区森林国有化改革的道路;寻求多样化、有弹性的林业改革发展道路。     

完善林业投融资体制的思考

从国内外林业投融资体制的发展现状入手,深入探讨目前林业投融资改革存在的主要问题,包括林业投入资金相对不足、林业融资渠道窄、林业生产特点弱化林业投资的动力、存在对非公有制林业经营主体的社会歧视、林业资本市场不健全五个方面的问题。并从政府和市场角度提出完善林业融资体制的建议。在政府层面,提出强化公共财政、促进金融机构放贷、建立多元化的融资体系、明确非公有制林业的法律地位、建立完善的政策性保险体系的建议;在市场层面,要充分发挥市场的调节作用,加强林业部门与有关金融部门的沟通和协作,以政府的组织优势结合金融机构的融资优势,调动和集聚自然人、法人和其他组织的投资,建立起有效的信用机制,从而更好地拓展林业投融资渠道,以市场的方法解决林业发展资金短缺的问题。     

新中国70年集体林权制度的变迁历程与内在逻辑

基于新中国70年来林权制度改革的政策文本及历史实践,运用产权和市场交易制度的演进理论作为理论工具对集体林权制度的源起、变迁历程及其内在逻辑进行分析。结果表明:中国林权制度的形成和变迁大致经历了林权初始设置、集体林权的形成与发展、集体林权"分与统"的两难抉择、集体林权制度的基本确定与深化改革4个阶段,过程虽然曲折但总体是成功的。由于森林功能多样性及经营长周期性的特点,林权制度变迁选择与农地制度变迁不同的路径。改革的经验启示主要有:信念和认知的力量能够决定制度变迁的方向;政府主导、各界人士广泛参与是改革成功的基因;面临不确定性采取"摸着石头过河"的改革方式。在生态文明全面深化时期,解决林业问题,制度是重要的,改革是不可间断的事业。     

黑龙江省林区政府执政能力影响因素分析

从政治因素的定位和规范、经济因素的配置与发展、文化因素的导向与差异以及技术因素的创新与推广4个方面入手,分析其与林区政府执政能力的关系。为了提高黑龙江省林区政府执政能力,林区政府应该积极响应党和国家方针政策的号召,把控政府内部行政权力与职责的划分;充分发挥市场自主调节的作用,对森林资源进行合理配置,加快林业产业转型升级;进一步统一政府内部的思想,以人民为中心,做到依法执政;充分利用互联网,加强林业监管系统和林业技术的宣传力度,积极指导林户对森林资源进行科学管理。     

An institutional evaluation of sustainable forest management in Flanders

The aim of this paper is to evaluate the existing Flemish institutional framework of sustainable forest management (SFM). The evaluation was performed using criteria and indicators that were based on the four-dimensional structure (discourse, rules, power and actors) of the policy arrangement approach. The data collection and analysis were done using a single representative case. The conclusions of the evaluation are mixed. The introduction of sustainable forest management is hampered by different perspectives on SFM and a fragmented network of many different owners with a clear asymmetrical distribution of trust and power. It is, however, enabled by the way that the most powerful and trusted actors in the network – the forest group and the forest service – have the same perspective on SFM perspective as the government. We expect that SFM can be achieved in the near future, although it remains a vulnerable situation.     

Growing deep roots: Increasing Aboriginal authority in contemporary forest governance arrangements

The governance literature highlights a shift away from “government” to new and more complex governing arrangements that involve a greater set of institutions and actors in decision-making processes. According to a number of studies, this shift is ongoing in forestry. This article seeks a better understanding of contemporary forest governance by exploring the emerging role of Aboriginal peoples in the Canadian forest sector. It is well known that Aboriginal participation in forest management is crucial for achieving sustainable forestry. Yet we know little about how Aboriginal communities can induce a change in governing conditions. We examined the various governance arrangements through which the Essipit Innu First Nation in Quebec (Canada) was able to exercise authority over forest management. Using multiple qualitative data gathering techniques, our analysis shows that Essipit innovated in forest governance by creating a partnership with the forest company Boisaco and, thus, gained authority over forest management decisions at the operational level. Our analysis explains that this new governance arrangement is built on growing collaboration and interdependencies between these two parties. Common values, orientations, mechanisms and tools are also necessary conditions. Finally, this research highlights the need for greater cultural understanding.     

A postmortem of forest policy dynamics of Nepal

Evolution of public policy is governed by various factors of political change, institutional realignment, and global environmental discourse. Improved understanding of these factors is a prerequisite for policy-makers to solve forestry related socio-economic and environmental issues. In this study, we assessed the policy and institutional shifts in Nepal’s forest policy regime through discursive institutionalism framework. We conducted a literature review, including Nepal’s forest policy documents that were developed after 1950, and undertook an in-depth interview with twenty-five people representing five stakeholders groups. Based on specific features and objectives of the policies, we classified and discussed four different evolving periods of forestry sector: (1) strict protection period (1950–1975); (2) resource creation for crisis management period (1975–1986); (3) participatory forestry period (1986–2008); and (4) period of broad-based global normative discourse (2008 onwards). Our results showed that framing of ideas and discourse, and its interacting environment (dialectic space and discursive sphere) have determined institutionalization and deinstitutionalization of the country’s forest policy. In addition, Nepal’s forest policy pathways were shaped by a shift in 1) domestic political systems, 2) global environmental discourse and institution, and 3) the process of paradigmatic change and transformation. We conclude that policy durability and discursive shift in public policy are governed by how policy making-institutions embrace public aspirations and consider socio-political context of the country while framing policy discourse. We argue that articulation of discourses into discursive spheres and its ways of deliberation for discursive practices largely defines the trajectories- institutionalization and deinstitutionalization of public policy.     

Urban spill over vs. local urban sprawl: Entangling land-use regulations in the urban growth of China's megacities

Rather than a bad case of urban sprawl, the physical expansion of China's megacities may be viewed as a combination of ‘urban spill over’ and ‘local urban sprawl’. This paper reviews land use regulations in their institutional context and argues that conflicts in land use regulation are related to ideologies of land ownership and embedded in different planning doctrines. These hypotheses are investigated with special reference to Guangzhou, the capital of Guangdong Province in southern China. The evidence suggests that entangled land use regulations for “urban” and “rural” land have imposed serious constraints on urban growth, while the contradictions of different policies and regulations in the use of rural lands for urban construction have led to intensive and unhealthy competition among stakeholders. As a result, not only have the costs of land conversion from rural to urban uses increased, but the spatial development of Guangzhou has been distorted. The implications of these failures for future policy are discussed with emphasis on the reform of the land use regulation system.     

Modeling farm households for estimating the efficiency of policy instruments on sustainable land use in Haiti

Degradation of natural resources in Haiti has been a growing concern to foresters, environmentalists, and local populations. Various approaches based on “participatory”, “fines and taxes” and “command and control” regulations, have been unsuccessfully implemented to persuade farm households to adopt conservation measures. Negative impacts on the welfare of farmers limit the efficiency of these approaches for forest conservation. This paper investigates alternative solutions to the problem of deforestation of Haiti using linear programming (LP) models. More specifically, this study evaluates the role of various policy instruments on large-income farm households and low-income farm households’ welfare and forest conservation in Haiti. Data from 243 farmers inside the Forêt of the Forêt des Pins Reserve are used in the empirical analysis. Results suggest that agricultural subsidies tied to environmental conservation would promote a more sustainable resource use in Forêt des Pins Reserve.     

福建三明市林业社会化服务体系调研报告

通过对福建三明市尤溪县和永安市林业社会化服务体系建设情况的调研发现,当地的林业部门创新服务形式,成立林业服务中心提供多种社会化服务,开通科技服务热线服务林农。集体林改后,林农林业投入增加明显,林业收入占总收入的三成以上。用材林联户经营增加,以大户经营为主,出现提供采伐服务的合作组织。经济林和林下经济的生产规模扩大,生产技术服务和产品销售以农户家庭为主体,合作社发挥作用并不明显,病虫害防治等公共服务不健全。建议:政府加强对合作社的支持和管理,发挥合作社在产前和产中服务林农的功能,促进合作社在带动林农增收中的作用;进一步完善林业服务中心建设,强化公共服务职能;完善基层林业技术服务体系,加强与林农合作社平台对接。     

The ‘credibility thesis’ and its application to property rights: (In)Secure land tenure,conflict and social welfare in China

Debates over tenure insecurity have been divided between those favoring private, marketable, and formalized property rights versus champions of grassroots’ customary and communal arrangements. By positing the “credibility thesis”, this article argues that it might be more insightful to move beyond concepts of formal and informal, private and common, or secure and insecure institutions, to leave the discussion about institutional form for a discussion about function. The notion of credibility does so by drawing attention to institutional function over time and space rather than to a desired form postulated by theory or political conviction. Apart from furthering the theoretical foundations on credibility and institutional functionalism, this article aims to develop its methodology and empirical study by taking China as a case study, with particular reference to its rural land-lease system, which is perceived to be highly insecure due to forced evictions and government intervention. Paradoxically, the study finds significant social support for the rural land-lease system and a low level of conflict. These findings might indicate that the form of the Chinese rural lease system (insecure tenure) is the outcome of its present function (provision of social welfare). Simultaneously, it was also found that when conflict does occur expropriation is a prime cause for it.     

Land administration “best practice” providing the infrastructure for land policy implementation

Land administration systems, and particularly their core cadastral components, are an important infrastructure which facilitates the implementation of land use policies. While most land administration systems traditionally have a primary objective of supporting the operation of land markets, they are increasingly evolving into a broader land information infrastructure which supports economic development, environmental management and social stability in both developed and developing countries. While a great deal of attention is given to land use policies worldwide concerned with such areas as forest management, coastal zone management, environmental sustainability and managing the urban environment, less attention is given to the infrastructures which facilitate the implementation of the associated policies and programmes. Importantly, all these activities rely on some form of land administration infrastructure which permits the complex range of rights, restrictions and responsibilities in land to be identified, mapped and managed as a basis for policy formulation and implementation. As a result, there is an increasing interest in the concept of land administration infrastructures and their core cadastres, in the principles and policies concerned with establishing such infrastructures and in “best practices”. In addressing this need, this paper attempts to explain the evolving concept of land administration infrastructures, the concept of “best practice” and the concept of a land administration “tool box” of principles, policies, laws and technologies which are useful in reforming or re-engineering land administration systems in support of a broader land policy agenda.     

清流县林权抵押贷款的实证分析

指出清流县开展林权抵押贷款的3个条件分别是资本需求的扩大、林业产权制度的改革和政府的干预;发现了林权抵押贷款可以实现保护森林资源、改善生态环境,带动投资、扩大就业,有效提高金融部门和林农收入水平等多重效益;提出设置林业专业信贷员,延长林权抵押贷款的时间,创新林权抵押贷款机制,建立林地收储制度等4条改进林权抵押贷款福利的建议。     

What drives opposition to high-voltage transmission lines?

This paper critically reviews theoretical and empirical research from planning, social psychology, and political science relevant to the siting of high-voltage transmission lines (HVTLs). Siting of new HVTLs is important to reducing the emissions of greenhouse gases from the electricity sector as well as meeting demands for reliable power. We synthesize existing research by developing a meso-level framework that integrates and extends existing individual-level theories to better account for the nested impact of social interactions and institutional variables on siting outcomes. We apply our framework to a HVTL case in California where community based opposition was effective due to the perceived high risk of the project and where trust in institutions was low. Statutory p for using existing right-of-ways, land use attributes, and political lobbying were also important in explaining the HVTL siting outcome.     

Failures of political decentralization in promoting network governance in the forest sector: Observations from Italy

Decentralization has been the most remarkable reform process that has occurred in the institutional arrangements and framework in Italy, a country of contrasts and contradictions with neglected – but increasing – forest resources and a limited range of actors’ networks able to make the sector more modern and dynamic. On the basis of a qualitative-based document analysis and observations collected in three case-study Regions (Veneto, Molise and Sicily), our paper aims to provide interpretations of the failures in network forest governance in Italy connected with the decentralization policy process. Our findings show that Italy is experiencing several of the recurrent problems highlighted for decentralization in other countries, including difficulties in creating the conditions for more network-based governance initiatives with the involvement of local community and civil society. Problems have been exacerbated by the financial and political crisis and the consequent spending review. However, some encouraging signals also exist.     

新疆集体林权制度改革经济效应分析

以集体林权制度改革为政策背景,采用C-D生产函数模型,根据新疆林业经济统计数据,就林业科技进步、林业资本投入、林业劳动力投入、新增造林面积以及作为虚拟变量的集体林权制度改革等要素,对新疆林业经济增长的贡献做出定量评价。结果表明:集体林权制度改革后林业科技进步、林业资本投入、林业劳动力投入对林业经济增长具有明显推进作用,作为虚拟变量的制度因素集体林权改革对林业经济增长具有正向推动作用。新疆林业经济的增长在很大程度上依赖于林业资本的大力投入,因此新疆林业要实现经济快速增长,必须继续深化集体林权制度改革,落实林权证的发放,不仅要继续加大劳动力投入和科技投入的力度,而且要促进林业劳动力投入和科技进步的结合;同时还要不断完善人才培养机制,加快新疆林业技术人才的引进。