Notes: Thinking like a common property scholar

In Topic 2B we reviewed the Tragedy of the Commons and subsequent scholarship on common property. This literature emphasises the importance of understanding (effective) ownership as central to environmental governance outcomes.

Here are four kinds of resource tenure:

Open access property - owned and controlled by no one

Common property - owned by groups of people (this would include much customary tenure)

State property - owned and controlled by the state (government)

Private property - owned by individuals

Note also the following distinction:

De facto - a state of affairs that is true in fact, but that is not officially sanctioned (what the situation is in practice).

De jure - de jure means a state of affairs that is in accordance with law. (what the law says is in fact the case).

To illustrate, the inshore marine areas around an island is owned by the state property under the Constitution, and there is some legislation in place regarding illegal fishing gear and size limits for some species.

In practice, the government has no fisheries officers and has never enforced fishing laws. People fish however they want, wherever they like.

In the above situation, the resources are de jure state property and de facto open access.

If the government commenced enforcing the law, it would be de jure and de facto state property.

A second illustration - the law is the same as above, but the coastal villagers exercise control over the waters adjacent to their villages, including excluding people from outside the area from using 'their' waters and catching 'their' fish.

in the second illustration, the resources are de jure state property and de facto common property.

Note: for this exercise "law" may include customary law. It is possible for a combination of tenures to co-exist.

Task 1

As best you are able from the readings provided, using the categories set out on the previous page, describe the kind of resource tenure that currently applies to the inshore marine resources of your chosen site (1. Ngarchelong State, Palau, 2. Langalanga Lagoon, Solomon Islands or 3. Kubulau District, Fiji).

If the resource tenure applying to those marine resources has changed over time, outline those changes (particularly noting any changes upon colonization and/or independence).

Approx. 150 words

Task 2

Note in particular the five points on slides no. 13 and 14 of the PowerPoint presentation for Topic 2B.

As best you are able from the readings provided and within the allowed word limit, reflect upon how some of the factors set out on the slides have, or may have, impacted upon marine resource management outcomes at your site. Examples common to many places include key changes in technology, rapid changes in markets following development of cash economy, various social changes. Don't try to be comprehensive with this, select two or just a few.

Approx. 450 words

Referencing. You are expected to reference the required reading for your site, including page numbers.