Managing Common Resources in Local and Global Systems. Applying

Total Page:16

File Type:pdf, Size:1020Kb

Managing Common Resources in Local and Global Systems. Applying MANAGING COMMON RESOURCES IN LOCAL AND GLOBAL SYSTEMS applying theory across scales edited by Sylvia Karlsson FORBGXSAlgSJSSSwb* OST/ Research Report No. 9 from EPOS Environmental Policy and Society Linkoping University < Managing common resources in local and global systems Applying theoryacross scales Edited by Sylvia Karlsson Research Report No. 9 fromEPOS, Research Programme on Environmental Policy and Society Institute of Tema Research, Linkoping University ISSN 1104-4403 ISBN 91-7871-988-7 © 1997 the authors, EPOS and the Department of Water and Environmental Studies, Linkoping University Layout and typesetting: TiiaRiitta Granfelt Printed in Sweden by Motala Grafiska, Motala, 1997 DISCLAIMER Portions of this document may be illegible in electronic image products. Images are produced from the best available original document. CONTENTS Preface v Introduction: 1 Managing common resources in local and global systems: Applying theory across scales Sylvia Karlsson Thou should not know too much... 13 When lack of information promotes co-operative behaviour: The case of oil fields in Wyoming, Oklahoma and Texas Bjorn Hassler Three different CPR management models for 33 riverine nitrogen polluters in Sweden Berit Arheimer Recycling of sewage in Swedish municipalities: 52 Policy implications Henriette Soderberg Bridge over troubled waters? 65 The state-NGO interface in governing urban environments Hakan Tropp Forest management in India: Local vs. state control 97 of forest resources Julie Wilk Protecting International Commons: 110 Brief comments on current attempts at establishing new international institutions on persistent organic pollutants (POPs) Henrik Selin The global commons and United Nations reform 132 Sylvia Karlsson PREFACE The idea to this publication came up during a course in Common Prop ­ erty Resource Management for PhD students at the Department of Water and Environmental Studies, Institute of Tema Research, Linkoping Uni­ versity, Sweden, in the spring of 1996. Essays written during the course covered a broad range of different common resources and represented approaches from research students with backgrounds in disciplines as varied as political science, natural geography, ecology and hydrology. However, despite the diversity of focus and empirical entry points, the seminar discussions and contents of the essays brought up several com ­ mon aspects that we felt would contribute to the development of possi ­ ble further research topics in the area of common property resource management. In this respect, we feel it would be appropriate to share these with a larger audience. The above course participants all had extensive experience in inter­ disciplinary communication and exchange since that is what character­ ises their department. This fact yielded particularly fruitful results when we started digging into the theoretical and empirical aspects of man­ agement of common property resources. The seminar discussions were intensive, basic concepts were widened in scope or challenged and new ones tested. We realise that the angles and ideas reflected in the essays to follow afford more questions than answers but this is a crucial part of the research process. The introduction is intended to bring forward some of the key con ­ cepts raised in the essays, furthermore, it includes some of the points that came up in the seminars that preceded the writing of the essays. These discussions constituted the intellectual framework for individual contributions to the publication and will hopefully aid the reader to find the main threads of the ideas presented. For taking the initiative to and organising the course, for taking part in the review process and for continuous encouragement to proceed with this publication, thanks are due to Professor Anders Hjort af Omas. This publication came into existence in cooperation with the Depart­ ment of Water and Environmental Studies, and with support from the research network Environmental Policy and Society, which is gratefully acknowledged. Sylvia Karlsson Linkoping, April 1997 INTRODUCTION MANAGING COMMON RESOURCES IN LOCAL AND GLOBAL SYSTEMS APPLYING THEORY ACROSS SCALES Sylvia Karlsson Introduction The main point brought forward in this publication is the productive ­ ness of applying theoretical elements, developed within common prop ­ erty resource (CPR) literature, to a broader field of cases on different scales. The common framework for the contributions is a series of semi­ nars held at the Department of Water and Environmental Studies in the spring of 1996, covering expanding work during the last decade on com ­ mon property resource (CPR) management 1. It is obvious that there were a broad range of definitions of the concept CPR in the literature. The common pool / property 2 resource concepts are both used, often depend ­ ing on the resource studied, and authors in this volume have used both terms accordingly. The term common resources as a common denomina ­ tor for a resource which is or could be managed as common property will be used in this introductorychapter. Certain points are raised from empirical cases presented in this vol ­ ume that are partly missing or not thoroughly stressed in other work in the area of CPR management and which crystallised much clearer when contrasting the situation for cases from different scales. Issues of scale and generalisation Common resources around the globe Common resources are generally seen to include all cases where a re­ source is not under the exclusive ownership of either one private actor or the state, and where one actor's individual rational decision may 1 Managing Common Resources in Local and Global Systems lead to suboptimal collective outcomes. However, cases where the re­ source is formally owned by one actor e.g. the state, but user rights and management responsibilities are given to at least two appropriators are also included in the definition. The concept of CPR is used mostly for situations where there is some form of joint management of a local re­ source. The global commons are referred to as those areas that fall out ­ side the jurisdiction of any one state and as those resources which by their very nature transcend state boundaries and over which it is im­ possible to hold physical control. The first three essays are located in the industrialised world. Hassler starts theempirical journey with decision-making dilemmas for hold ­ ers of drilling rights to privately owned oil-wells in the American states of Wyoming, Oklahoma and Texas. The physical characteristics of the resource are such that collectively inefficient resource utilisation results when there are no possibilities to make enforceable controls between individual right holders. Focusing on the decision-making process, Hassler deliberates the favourable role that lack of information may have under certain conditions. In the second essay Arheimer discusses the management of water resources at national and regional level in Sweden where the ten year political goal of reducing the amount of nitrogen transported by rivers to the Baltic Sea by 50 per cent has failed. In her comparative analysis of three proposed models for water management, Arheimer approaches the problem of riverine nitrogen from the CPR perspective, since the issue has the necessary characteristics of undefined property rights and possibility for inefficient levels of cooperation. She argues for the crea­ tion of regional water administration boards in every river catchment with decentralised choices of locally adapted models of management in each sub-basin. The industrialised world is still the centre of attention in the third contribution. Soderberg approaches the case of sewage management in Swedish municipalities from an institutional perspective. In several municipalities in Sweden, for example on the island community of Gotland, policy makers are starting to change their view of sewage as a problem to be discarded, to one where it is considered that sewage con ­ tains enough valuable resources to motivate recycling. Soderberg dis ­ cusses what such a fundamental change of view entails in terms of new institutional set-ups; changes of techniques to locally specific solutions, decision making transfer from experts to politicians and revolutionary instead of reformatory process strategies. Focus is switched to the developing countries in the fourth essay where Tropp explores the efforts of NGOs to collaborate with the state 2 Introduction to manage the polluted waterways of thecity of Madras, India. View­ ing urban environment as a common resource, he analyses its manage ­ ment from the normative call for good governance. When arguing that lack of proper governance structures is one reason for theinability to deal with environmental problems, a proposed solution is often to form a partnership between the state, thelocal NGO sector and communi ­ ties. This may face considerable difficulties in the case of Madras due to the self-interest of the ruling elite where, inter alia, vested interest and lack of transparency diminish both the capacity and legitimacy of the state to govern. In the fifth contribution the context is still India, this time regarding the diminishing forests, the focus of Wilk's paper. In response to the loss of forest cover the Indian government has changed its forestry management strategy which now includes the right of local populations to participate. Wilk claims that measures taken so far will prove insuf ­ ficient to create real participation of local
Recommended publications
  • The Realized Benefits from Bioprospecting in the Wake of the Convention on Biological Diversity
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Washington University St. Louis: Open Scholarship Washington University Journal of Law & Policy Volume 47 Intellectual Property: From Biodiversity to Technical Standards 2015 The Realized Benefits from Bioprospecting in the Wake of the Convention on Biological Diversity James S. Miller Missouri Botanical Garden Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the Ecology and Evolutionary Biology Commons, Environmental Law Commons, and the Plant Sciences Commons Recommended Citation James S. Miller, The Realized Benefits from Bioprospecting in the Wake of the Convention on Biological Diversity, 47 WASH. U. J. L. & POL’Y 051 (2015), https://openscholarship.wustl.edu/law_journal_law_policy/vol47/iss1/10 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. The Realized Benefits from Bioprospecting in the Wake of the Convention on Biological Diversity James S. Miller MISSOURI BOTANICAL GARDEN In the mid-1980s, the convergence of several technological advances led to a serious resurgence of interest in surveying plant species for drug development. The emergence of methods to miniaturize in-vitro bioassays (a test used to quantify the biological effect of a chemical compound or extract against a specific disease target) run the bioassays with robotic equipment, and isolate and identify active compounds with a speed and precision never before possible.
    [Show full text]
  • Understanding Bioprospecting: Can Indigenous Populations Benefit from the Search for Pharmaceuticals in Areas of High Biodiversity
    University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Environmental Studies Undergraduate Student Theses Environmental Studies Program Spring 5-2011 Understanding Bioprospecting: Can Indigenous Populations Benefit from the Search for Pharmaceuticals in Areas of High Biodiversity Emily Schwindt University of Nebraska-Lincoln Follow this and additional works at: https://digitalcommons.unl.edu/envstudtheses Part of the Agricultural and Resource Economics Commons, Biological and Physical Anthropology Commons, Environmental Health and Protection Commons, Ethnic Studies Commons, Natural Resource Economics Commons, Natural Resources and Conservation Commons, Natural Resources Management and Policy Commons, Other Environmental Sciences Commons, Place and Environment Commons, and the Sustainability Commons Disclaimer: The following thesis was produced in the Environmental Studies Program as a student senior capstone project. Schwindt, Emily, "Understanding Bioprospecting: Can Indigenous Populations Benefit from the Search for Pharmaceuticals in Areas of High Biodiversity" (2011). Environmental Studies Undergraduate Student Theses. 46. https://digitalcommons.unl.edu/envstudtheses/46 This Article is brought to you for free and open access by the Environmental Studies Program at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Environmental Studies Undergraduate Student Theses by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. UNDERSTANDING BIOPROSPECTING:
    [Show full text]
  • Relationships Among Biodiversity Dimensions of Birds in Nebraska Nadejda Mirochnitchenko University of Nebraska - Lincoln, [email protected]
    University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Dissertations & Theses in Natural Resources Natural Resources, School of Fall 12-2018 Relationships Among Biodiversity Dimensions of Birds in Nebraska Nadejda Mirochnitchenko University of Nebraska - Lincoln, [email protected] Follow this and additional works at: http://digitalcommons.unl.edu/natresdiss Part of the Biodiversity Commons, Ecology and Evolutionary Biology Commons, Natural Resources and Conservation Commons, Natural Resources Management and Policy Commons, Ornithology Commons, and the Poultry or Avian Science Commons Mirochnitchenko, Nadejda, "Relationships Among Biodiversity Dimensions of Birds in Nebraska" (2018). Dissertations & Theses in Natural Resources. 275. http://digitalcommons.unl.edu/natresdiss/275 This Article is brought to you for free and open access by the Natural Resources, School of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Dissertations & Theses in Natural Resources by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. RELATIONSHIPS AMONG BIODIVERSITY DIMENSIONS OF BIRDS IN NEBRASKA by Nadejda Anatolievna Mirochnitchenko A THESIS Presented to the Faculty of The Graduate College at the University of Nebraska In Partial Fulfillment of Requirements For the Degree of Master of Science Major: Natural Resource Sciences Under the Supervision of Professors Erica F. Stuber and Joseph J. Fontaine Lincoln, Nebraska December 2018 RELATIONSHIPS AMONG BIODIVERSITY
    [Show full text]
  • Environment Versus Growth — a Criticism of “Degrowth” and a Plea for “A-Growth”
    Ecological Economics 70 (2011) 881–890 Contents lists available at ScienceDirect Ecological Economics journal homepage: www.elsevier.com/locate/ecolecon Analysis Environment versus growth — A criticism of “degrowth” and a plea for “a-growth” Jeroen C.J.M. van den Bergh ⁎ ICREA, Barcelona, Spain Institute for Environmental Science and Technology, and Department of Economics and Economic History, Universitat Autònoma de Barcelona, Bellaterra (Cerdanyola), Spain Faculty of Economics and Business Administration, and Institute for Environmental Studies, VU University Amsterdam, The Netherlands article info abstract Article history: In recent debates on environmental problems and policies, the strategy of “degrowth” has appeared as an Received 21 May 2010 alternative to the paradigm of economic growth. This new notion is critically evaluated by considering five Received in revised form 21 September 2010 common interpretations of it. One conclusion is that these multiple interpretations make it an ambiguous and Accepted 28 September 2010 rather confusing concept. Another is that degrowth may not be an effective, let alone an efficient strategy to Available online 4 November 2010 reduce environmental pressure. It is subsequently argued that “a-growth,” i.e. being indifferent about growth, is a more logical social aim to substitute for the current goal of economic growth, given that GDP (per capita) is Keywords: Consumption a very imperfect indicator of social welfare. In addition, focusing ex ante on public policy is considered to be a Environmental policy strategy which ultimately is more likely to obtain the necessary democratic–political support than an ex ante, Equity explicit degrowth strategy. In line with this, a policy package is proposed which consists of six elements, some GDP paradox of which relate to concerns raised by degrowth supporters.
    [Show full text]
  • Participating in Food Waste Transitions: Exploring Surplus Food Redistribution in Singapore Through the Ecologies of Participation Framework
    Journal of Environmental Policy & Planning ISSN: (Print) (Online) Journal homepage: https://www.tandfonline.com/loi/cjoe20 Participating in food waste transitions: exploring surplus food redistribution in Singapore through the ecologies of participation framework Monika Rut , Anna R. Davies & Huiying Ng To cite this article: Monika Rut , Anna R. Davies & Huiying Ng (2020): Participating in food waste transitions: exploring surplus food redistribution in Singapore through the ecologies of participation framework, Journal of Environmental Policy & Planning, DOI: 10.1080/1523908X.2020.1792859 To link to this article: https://doi.org/10.1080/1523908X.2020.1792859 © 2020 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group Published online: 16 Jul 2020. Submit your article to this journal Article views: 79 View related articles View Crossmark data Full Terms & Conditions of access and use can be found at https://www.tandfonline.com/action/journalInformation?journalCode=cjoe20 JOURNAL OF ENVIRONMENTAL POLICY & PLANNING https://doi.org/10.1080/1523908X.2020.1792859 Participating in food waste transitions: exploring surplus food redistribution in Singapore through the ecologies of participation framework Monika Rut a, Anna R. Davies a and Huiying Ng b aDepartment of Geography, Museum Building, Trinity College, Dublin, Ireland; bIndependent Scholar, Singapore ABSTRACT KEYWORDS Food waste is a global societal meta-challenge requiring a sustainability transition Food waste; transitions; involving everyone, including publics. However, to date, much transitions research has participation; ecologies of been silent on the role of public participation and overly narrow in its geographical participation; Singapore reach. In response, this paper examines whether the ecologies of participation (EOP) approach provides a conceptual framing for understanding the role of publics within food waste transitions in Singapore.
    [Show full text]
  • Green Growth Policy, De-Growth, and Sustainability: the Alternative Solution for Achieving the Balance Between Both the Natural and the Economic System
    sustainability Editorial Green Growth Policy, De-Growth, and Sustainability: The Alternative Solution for Achieving the Balance between Both the Natural and the Economic System Diego A. Vazquez-Brust 1,2 and José A. Plaza-Úbeda 3,* 1 Portsmouth Faculty of Business and Law, Richmond Building, Portland Street, Portsmouth P01 3DE, UK; [email protected] 2 Production Engineering Department, Federal University of Santa Catarina (UFSC), Florianópolis 88040-900, SC, Brazil 3 Economics and Business Department, University of Almeria, 04120 Almeria, Spain * Correspondence: [email protected] 1. Introduction “We are ethically obliged and incited to think beyond what are treated as the realistic limits of the possible” (Judith Butler, 2020) The existence of an imbalance between our planet’s reserves of resources and the conditions necessary to maintain high levels of economic growth is evident [1]. The limitation of natural resources pushes companies to consider the possibility of facing critical situations in the future that will make it extremely difficult to reconcile economic Citation: Vazquez-Brust, D.A.; and sustainable objectives [2]. Plaza-Úbeda, J.A. Green Growth In this context of dependence on an environment with finite resources, there are Policy, De-Growth, and Sustainability: growing interests in alternative economic models, such as the Circular Economy, oriented to The Alternative Solution for the maximum efficient use of resources [3–5]. However, the Circular Economy approach is Achieving the Balance between Both still very far from the reality of industries, and the depletion of natural resources continues the Natural and the Economic System. undeterred [6]. It is increasingly necessary to explore alternative approaches to address the Sustainability 2021, 13, 4610.
    [Show full text]
  • A Menu for Change
    A Menu for Change Using behavioural science to promote sustainable diets around the world The Behavioural Insights Team / A Menu for Change 2 The Behavioural Insights Team / A Menu for Change Toby Park, Head of Energy & Sustainability, The Behavioural Insights Team [email protected] Acknowledgements This report has benefitted from several individuals’ contributions. With particular thanks for substantive research support and contributions to early content and the structure of the report, to Emma Garnett (University of Cambridge) and Brittney Titus (University of Oxford), both supporting us while at placement at BIT. With thanks also to Elisabeth Costa (BIT), Dr Filippo Bianchi (BIT), Dr Jessica Barker (BIT), and Dr Christian Reynolds (University of Sheffield) for their valuable feedback and comments. This is a long report. We hope you’ll read it cover-to-cover, but if not, it’s written to allow you to dip into individual sections. Look out for the short orange descriptions at the beginning of each chapter to keep track of where you are. Sections 1.1-1.2 introduce the problem, and make the rationale for shifting global diets. This will be familiar ground for environmental scientists. Section 1.3 looks at the current state, and emerging trends, in diets around the world, and Section 1.4 highlights the many historical occasions when diets have radically changed through technological innovation or deliberate intervention from government and industry. Section 1.5 acknowledges the sensitivities of this topic, and offers some reflections on how we might navigate public and political consent. We don’t have all the answers here but give a series of recommendations for building public support and developing effective policy.
    [Show full text]
  • Publicized Private Action As the Anti-Greenwashing Mechanism in Modern Society
    Is Twitter the New FTC and EPA? Publicized Private Action as the Anti-Greenwashing Mechanism in Modern Society CLAIRE FISCHER* TABLE OF CONTENTS Introduction ................................................. 315 I. Background ............................................. 316 II. Current Regulation and Enforcement Efforts ..................... 319 A. Federal Regulation and Enforcement ....................... 319 1. Federal Trade Commission .......................... 319 2. Environmental Protection Agency ..................... 320 3. Food & Drug Administration ........................ 321 4. U.S. Department of Agriculture ....................... 322 B. State Regulation and Enforcement ........................ 323 C. Nongovernmental Enforcement .......................... 324 D. private right of action for competing companies ... 324 III. Analysis ............................................... 325 A. Greenwashing Enforcement: then and Now . 325 1. Executive Action Trending Away from Environmental Protection ...................................... 326 2. Disempowerment of Federal Agencies ... 327 B. Use Of Private Lawsuits To Pick Up The Government's Slack . 328 1. The (Not So) Honest Co.: The Reward of Private Action . 328 2. La Croix: The Risk of Private Action ... 330 3. Common Law as a Gap Filler (and Nudge) for Federal Regulation ...................................... 331 IV. Conclusion ............................................. 332 INTRODUCTION Consumers are using their wallets to enact environmental and social change, now more than
    [Show full text]
  • Plant Genetic Resources As Commons: the Model of Fao’S International Treaty
    PLANT GENETIC RESOURCES AS COMMONS: THE MODEL OF FAO’S INTERNATIONAL TREATY Dr. María Iglesias Introduction After almost 7 years of negotiations, the International Treaty on Plant Genetic Resources for Food and Agriculture (hereinafter ITPGRFA) was adopted in November 20011. The Treaty already recognises in its Preamble that plant genetic resources for food and agriculture are a common concern of all countries, in that all countries depend very largely on plant genetic resources for food and agriculture that originated elsewhere. Thus, the main objectives of the ITPGRFA are the conservation and sustainable use of plant genetic resources for food and agriculture (hereinafter PGRFAs) and the fair and equitable sharing of the benefits arising out of their use, in harmony with the Convention on Biological Diversity, for sustainable agriculture and food security2. Although the Treaty covers all PGRs3, it establishes an international commons pool, the so called multilateral system, only for certain kinds of resources that will guarantee the access to these resources and the sharing of benefits 1 The ITPGRFA entered in to force in June 2004. In December 2008, 119 states had ratified it. 2 Art. 1. The ITPGRFA may be considered in fact as a special application of art. 15 (Access to Genetic Resources) of the Convention on Biological Diversity: “1. Recognizing the sovereign rights of States over their natural resources, the authority to determine access to genetic resources rests with the national governments and is subject to national legislation. 2. Each Contracting Party shall endeavour to create conditions to facilitate access to genetic resources for environmentally sound uses by other Contracting Parties and not to impose restrictions that run counter to the objectives of this Convention.
    [Show full text]
  • Global Commons: Between Cooperation and Competition by Gerald Stang
    17 2013 Photo by NASA / Rex Features (1568628a) Features / Rex NASA by Photo Global commons: Between cooperation and competition by Gerald Stang Rapid economic development and increasing inter- What exactly are the global commons? national trade are leading to a more crowded interna- tional stage and raising new challenges in the ‘global Security analysts generally identify four domains as commons’ – those domains that are not under the global commons: high seas, airspace, outer space control or jurisdiction of any state but are open for use and, now, cyberspace. From a security perspective, by countries, companies and individuals from around the primary concern is safeguarding ‘access’ to these the world. Their management involves increasingly domains for commercial and military reasons. complex processes to accommodate and integrate the interests and responsibilities of states, international It is important to highlight that this language differs organisations and a host of non-state actors. from the discourse on commons developed by envi- ronmental analysts: their arguments focus on dam- Shared rules regarding the usage of - and access to age to the ‘condition’ of the commons from overuse - the global commons encourage their peaceful and by actors who do not have to pay direct costs. They cooperative use. Over the last seven decades, the US worry about the depletion of shared resources such as has led in the creation of a liberal international order ocean fish stocks, or the damage to shared domains which has attempted to define these rules in such a such as Antarctica or the atmosphere. way as to make it easier and more beneficial to join the order and follow the rules than it does to operate A third strand of analysis looks not at the need for outside of (or undermine) it.
    [Show full text]
  • The "Tragedy of the Commons" in Plant Genetic Resources: the Need for a New International Regime Centered Around an International Biotechnology Patent Office
    Gulati: The "Tragedy of the Commons" in Plant Genetic Resources: The Need for a New International Regime Centered Around an International Biotechnology Patent Office Note The "Tragedy of the Commons" in Plant Genetic Resources: The Need for a New International Regime Centered Around an International Biotechnology Patent Office Chetan Gulati- The last several centuries have seen a transformation in the ways in which wealth is generated. As society has transformed itself in the post- industrial era, "knowledge" and "information," as opposed to land and physical property, have increasingly become the primary sources of wealth generation.1 For example, historically, it was ownership of the forest that was the principal channel for the derivation of riches. Today it is the possession of the patent in the pharmaceutical product derived from the leaves of the trees of the very same forest that is the fountain from which the greatest wealth springs. It is not surprising, therefore, that the strategy of wealth maximization has shifted from the desire to accumulate physical property to one in which the domination2 of intellectual property rights ("IPRs") has become preeminent. As already alluded to, the products derived from plant genetic resources ("PGRs")3 are major sources of wealth generation for developed t J.D., Yale Law School, expected 2002. I am grateful to Professor Gideon Parchomovsky for his guidance and valuable commentary. I should also thank my colleagues at the Yale Law School, especially Saema Somalya, Jean Tom and the other editors of the Yale Human Rights and Development Law Journal, without whose constant challenge to my ideas, this project would never have come to fruition.
    [Show full text]
  • 'Common Rights' - What Are They?
    'Common Rights' - What are they? An investigation into rights of passage and rights of land use (or rights of common) Alan Shelley PG Dissertation in Landscape Architecture Cheltenham & Gloucester College of Higher Education April2000 Abstract There is a level of confusion relating to the expression 'common' when describing 'common rights'. What is 'common'? Common is a word which describes sharing or 'that affecting all alike'. Our 'common humanity' may be a term used to describe people in general. When we refer to something 'common' we are often saying, or implying, it is 'ordinary' or as normal. Mankind, in its earliest civilisation formed societies, usually of a family tribe, that expanded. Society is principled on community. What are 'rights'? Rights are generally agreed practices. Most often they are considered ethically, to be moral, just, correct and true. They may even be perceived, in some cases, to include duty. The evolution of mankind and society has its origins in the land. Generally speaking common rights have come from land-lore (the use of land). Conflicts have evolved between customs and the statutory rights of common people (the people of the commons). This has been influenced by Church (Canonical) law, from Roman formation, statutory enclosures of land and the corporation of local government. Privilege, has allowed 'freemen', by various customs, certain advantages over the general populace, or 'common people'. Unfortunately, the term no longer describes a relationship of such people with the land, but to their nationhood. Contents Page Common Rights - What are they?................................................................................ 1 Rights of Common ...................................................................................................... 4 Woods and wood pasture ............................................................................................
    [Show full text]