the role of property rights in natural resource management, good ...

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engaging in timber harvests beyond defined levels. Nevertheless, one normally expects that where privateproperty exists, most strands in the property rights bundle are controlled by a natural or legal person.FIGURE 1. TYPICAL WESTERN PROPERTY RIGHTS MODELPrivate rights to land and natural resources are usuallyrestricted in specific ways based on governmentregulations.Uses of publicly held land and natural resources are specifiedby government policies and may be freely enjoyed, availablefor a fee, or completely restricted depending on the nature ofthe use.Designating land and natural resources as “public property” is generally justified in environmental terms suchas creating forest reserves or powers of eminent domain exercised to create public infrastructure facilities,parks, watershed governance and management areas. In other cases, lands are by default public because noindividual or group has been assigned rights to them. In public property contexts, one would reasonablyexpect a higher degree of government control and definition regarding publicly available use rights than is thecase where property is held privately. In the case of publicly held (government-controlled) natural resources,sets of use rights—from tree felling, to pasturing livestock, to park visitation, to water consumption—areusually defined by the government and distributed to the public on a fee or non-fee basis. Most oftengovernments grant use rights to individuals and corporations for specified time periods. Governmentstemporarily transfer use rights through permits and leases.As the discussion moves toward a context of natural resources in non-Western rural settings, the concept andreality of common property and open access renewable natural resources becomes more important.Distribution of property rights to renewable natural resources is often much more complex in non-Westernthan in Western countries. In contrast to the relatively concentrated bundles prevalent in the Western contexts,in non-Western countries the strands of a bundle may be spread across a dizzying array of individuals andgroups, as well economic operators and state agencies. Often one can observe multiple claims to the samestrand within the property rights bundle (see Figure 2). Multiple claims may arise within or across propertyrights systems classified as either legally recognized (formal) or recognized under customary law (informal).6 ROLE OF PROPERTY RIGHTS IN NRM: GOOD GOVERNANCE AND EMPOWERMENT OF THE RURAL POOR
FIGURE 2. AN EXAMPLE OF A USE RIGHTS BUNDLE Figure 3 illustrates multiple claims to some property rights contained in the rights bundle concerning aparticular forest. In this case, forest resources are the object of both a local informal common propertyregime, as represented in the left hand section of the figure, and a formal statutory regime represented by themiddle and right hand sections of the figure.FIGURE 3. AN EXAMPLE OF PROPERTY RIGHTS TO NATURAL RESOURCES TYPICAL IN A NON-WESTERN SETTING Rights claimed by resident populations and Government claims are based on Often rights to natural resourcesbased on customary claims may legally established rights to determine may be obtained for a fee forencompass the entire property rights distribution and holders of natural commercial purposes. Feebundle but are usually supervised by resource management and use rights. structures and administrationcustomary authorities and distributed Such claims may encompass the may or may not conform toamong households, interest groups, and entire property rights bundle. stated policies.individuals.ROLE OF PROPERTY RIGHTS IN NRM: GOOD GOVERNANCE AND EMPOWERMENT OF THE RURAL POOR 7
Page 5 and 6: CONTENTSACRONYMS AND ABBREVIATIONS
Page 7: SUMMARY Property rights and the rol
Page 10 and 11: Secure property rights are an impor
Page 12 and 13: Use rights. The most observable typ
Page 16 and 17: Open access lands and natural resou
Page 19: espective resources is manageable,
Page 22 and 23: ends or to finance violent conflict
Page 24 and 25: 3.0 PROPERTY RIGHTS IN ACTION:ILLUS
Page 26 and 27: environmental and development goals
Page 28 and 29: modification of the policy environm
Page 30 and 31: exclusive rights to resources, ofte
Page 32 and 33: positioned themselves to prepare fo
Page 34 and 35: No clear pattern emerges regarding
Page 36 and 37: achieved by resolving discrepancies
Page 38 and 39: jurisprudence is common in African
Page 40 and 41: 3. Be aware of the characteristic f
Page 43: REFERENCES ROLE OF PROPERTY RIGHTS
Page 46 and 47: Fernandez-Gimenez, Maria. 2006. Lan
Page 48 and 49: Ribot, Jesse C. 2004. Waiting for D

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