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I argue that despite certain appearances, Aristotle does not think of ownership as the exclusive right of a person to decide upon the use and alienation of a thing. Rather, in Aristotle, ownership is a relation between a person and a thing such that (1) the thing is instrumental for this person’s life, (2) it is external to the organic body of the person, and (3) the person is protected against being excluded from the relevant kinds of access to the thing. [ABSTRACT FROM AUTHOR]

Copyright of Studia Universitatis Babes-Bolyai, Philologia is the property of Babes-Bolyai University, Cluj-Napoca, Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Adab Al-Kufa is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

• Deviation from Nash behavior manifests as behavioral responses to property rights regimes. • A non-parametric test can detect and quantify behavioral responses. • An individual fishing vessel quota policy shifts behavior away from the tragedy of the commons. Commons problems present behavioral dilemmas, with tensions between individual and collective rationality. When users of a common-pool resource are not effectively excluded, the collective behavior of individuals pursuing their self-interests dissipates economic surplus. We derive a non-parametric test of whether individuals' collective behavior in resource extraction is consistent with the canonical commons model, namely Nash tragedy-of-the-commons behavior. Our approach allows for an arbitrarily concave, differentiable production function of total inputs and for heterogeneous agents with arbitrarily convex, differentiable costs of supplying inputs. We extend the test to allow for unobserved total output. We also define distance from the data to the model and develop statistical tests using the distance metric. Applying our approach to panel data of Norwegian commercial fishing vessels, we find the results of our test are consistent with the economic intuition that, in the absence of property rights, tragedy-of-the-commons behavior dissipates surplus. Significantly, we find property rights reforms move firms away from Nash tragedy-of-the-commons behavior. [ABSTRACT FROM AUTHOR]

Albanian customary law represents an unwritten set of rules, which were established ad hoc by courts of elders or assemblies and aimed to regulate social relations in various fields of life. The implementation of these norms, was provided by the force of tradition, social consciousness and the patriarchal authority of the people’s self-government bodies. It is created by people over the centuries, not from a particular person, or a special legislative body. It was a reflecion of the material conditions of life in human consciousness and therefore has a double character. The purpose of the research paper is to analyze that on one hand it preserves the characteristic rates of the old tribal order (common ownership), while on the other hand it regulates the category of private ownership with all its features (eg. property rights do not expire). The methodology I used for the research paper is the analytical method. The result of the research paper is that rates of Albanian customary law are summarized in canons, such as: the Canon of Leke Dukagjini (The Canon of the highlands), the Canon of Laberia, the Canon of Skanderbeg (Canon of Arberia), the Canon of Luma. These canons acted in different times and space: so the Canon of Laberia acted during 11th century in southwestern Albania, the Canon of Leke Dukagjini and the Canon of Skanderbeg acted during 15th century in the northern highlands, as well as central Albania, nonetheless they have many similarities. Women, according to these ancient rules, are considered to be of a lower social status: they do not share either the rights and privileges or the responsibilities of men. In conclusion, as severe and discriminating to women as it may seem, customary law has to be seen in a historical context. The preservation of customary law was one of the most important elements in helping the Albanian people to maintain their individuality over the centuries and under different invasions. Although customary law is inversely proportional to the rise and development of the modern state, it shows distinguished lawmaking capacities and laid the foundations of today’s positive law. [ABSTRACT FROM AUTHOR]

Transmission, Imitation and the Question of Early American Literary Nationalism. This article seeks to revalue early American literature and concurrently to clarify to what extent one can talk about American literary nationalism during the formative post-revolutionary years. Although many anthologies of American literature as well as critical studies devoted to American literary historiography have underlined the national unity of American literature as a whole, they have consistently ignored this particular period in which the transmission and imitation of English models and their alteration or transformation by American booksellers and publishers, corroborated with generic instability and the absence of central publishing hubs, fail to attest to a homogenous—and, implicitly, wholly national—development of literature. In doing so, special attention will be paid to the early American novel as a site for probing the ideals of the early Republic, for appraising its historical accomplishments, and, ultimately, for lambasting its democratic failure. At the same time, despite the misleading name of “novel” attributed to various literary genres, and its hybrid form, the early American novel was instrumental in reflecting transnational concerns and cultural exchanges that were highly suggestive of the unstable cultural identity of America at the time. Transmitere, imitație și problema naționalismului literar american timpuriu. Prezentul articol își propune să reevalueze literatura americană timpurie și, totodată, să clarifice în ce măsură putem vorbi despre un naționalism literar american în anii formatori postrevoluționari. Deși multe antologii de literatură americană, precum și studii critice dedicate istoriografiei literare americane au scos în evidență unitatea națională a literaturii americane în ansamblul ei, ele au ignorat în mod consecvent această perioadă în care transmiterea și imitarea modelelor engleze și alterarea sau transformarea lor de către vânzătorii de carte și editorii americani, coroborate cu instabilitatea genurilor literare și absența unor rețele principale de edituri nu atestă o dezvoltare omogenă și, implicit, eminamente națională a literaturii. Astfel, vom acorda o atenție specială romanului american timpuriu ca spațiu de validare a idealurilor Republicii timpurii, al evaluării realizărilor istorice ale acesteia și, în esență, al criticilor legate de eșecul democrației. Totodată, în ciuda denumirii înșelătoare de „roman” atribuită diverselor genuri literare și a formei sale hibride, romanul american timpuriu a jucat un rol crucial în reflectarea problemelor și schimburilor culturale transnaționale, ambele extrem de sugestive pentru instabilitatea identității culturale americane a acelor timpuri. Cuvinte-cheie: Republica americană timpurie, schimburi transatlantice, imitații ale modelelor engleze, instabilitate generică, proprietate comună, romanul american timpuriu Article history: Received 01 July 2024; Revised 15 August 2024; Accepted 12 September 2024; Available online 30 September 2024; Available print 30 September 2024.

This article aims to analyze the division of joint property using the theoretical approach of Maqasid al-Shariah system by Jasser Auda. Disparities in the division of joint property persist in judicial decisions in Indonesia. This is due to the absence of a definite legal framework for judges to use as a fundamental basis in their considerations. Additionally, there are factors influencing this phenomenon, including changes in social dynamics, gender equality, and other social issues. This article employs a qualitative research method based on a literature review with the theoretical approach of Maqasid al-Shariah system by Jasser Auda. The research demonstrates that the division of joint property should consider justice and welfare based on comprehensive scientific considerations encompassing economic, social, and customary aspects prevalent in specific societies or cultures.

The authors analyze the legal regime of a share in the authorized capital of a limited liability company acquired during marriage, as well as the legal fate of this share in the event of death of one of the spouses. Acquisition of a share is basic for acquisition of corporate rights to participate in the company. Since the legal regime of joint ownership presupposes the ownership of property without determining the shares of each co-owner, regardless of which spouse is registered in the Unified State Register of Legal Entities, both spouses are members of the company and considered as one subject (legal relationship with multiple persons). Any of the co-owners has the right to act in exercising general corporate rights as an authorized person, forming a single will. Increments received from owning shares (income) go into the common property. After the death of a spouse, the common joint property is transformed into the individual property of the surviving spouse, who receives ½ of the common property of the spouses. The second half of the common property is considered to belong to the deceased spouse, and therefore is included in the inheritance mass and undergoes through the procedure of hereditary succession. The transformation of common joint property into the individual property of the surviving spouse is not a transfer, since in this case there is no termination of the surviving spouse’s property rights. The rules governing the transfer of a share in the authorized capital of the company to third parties are not applicable to such transformation. A share in the authorized capital is an indivisible property, and therefore the legal fate of the share is the same.

One of the controversial challenges among the jurists is the possibility of the right of “Shof’a” in sales with option. Many Imamiyah jurists have accepted it absolutely, but some accept it only where the customer has option. Sunni jurists have also considered the applicability of the right of Shof’a if the client has option, although some have made it dependent on the fate of the contract. Therefore, several views have been expressed on the conflict between the action and the right of Shof’a. According to Article 814 of the Civil Law, the right of Shof’a is accepted in sales containing option, while according to Articles 33 and 34 of the law of register, the right of Shof’a is not created in sales containing option. In this research, different viewpoints and opinions in Islamic jurisprudence and statute law have been presented and evaluated. With a descriptive-analytical method, it was found from jurisprudential and legal sources that the right of Shof’a is applicable in the sales with option; if the option is exercised before taking the Shof’a, this right is canceled, but taking the Shof’a before the option is applied depends on the determination of the fate of the option.

Urbanization has sparked an increase in the construction of multi-use highrise buildings which consists of commercial parcels on their lower floors and residential parcels on their higher floors. In contrast to conventional landed houses, the residents of high-rise buildings share common facilities and private parcels or spaces also differ according to ownership or use. The management and maintenance of these spaces are dependent on the ownership of the parcel where each ownership adheres to different rights, restrictions, and responsibilities (RRRs). Therefore, accurate representation and identification of those parcels affected by maintenance or renovation is crucial for assisting management bodies to improve the quality of life within a multi-use high-rise building. This study attempts to implement a temporal maintenance management for highrise building parcels within a 3D spatial database. A 3D space segmentation was done to analyze the ownership and use of space in a high-rise building. Spatial queries were also performed based on the temporal maintenance of the parcels; in addition, 3D spatial relationships were used to determine adjacent parcels that were affected by the maintenance. Thus, the implementation of temporal strata database management with an accurate 3D representation of the space can provide management bodies with concise and comprehensive information on parcels with respect to ownerships and uses. [ABSTRACT FROM AUTHOR]

This paper examines how common property is produced and delineated in contractual communities in China. Shanghai, one of the most developed Chinese cities with a burgeoning housing market, is used as a case study. The research analyses the power relations between land, construction and housing departments within Shanghai district governments and with developers, specifically, during the development phases of land leasing, construction permission and ownership registration. Drawing on the theoretical framework of new institutionalism, and its conception of path dependency in urban space, the article sheds light on what has led to the infringement on homeowners' common property by developers. In a weak legal and regulatory system for property development, the departments within district governments shirk responsibility to each other, whereas developers hold considerable power. The article concludes that common property bears the imprint of power dynamics set in motion in the development phase and thus requires greater recognition. [ABSTRACT FROM AUTHOR]

A small corpus of unusual contracts found in various 14th-century notarial registers from western Normandy raises questions about the ability of Norman communities to circumvent customary rules, whether in order to be married, to establish common property, or to anticipate succession. Together, this prompts us to consider both the legal capacity of married women and the role played by 14th-century crises in these arrangements.

In recent years, China has strengthened the land rights of peasants while weakening the system of communal ownership of rural land. This study explores the rationale of land ownership policies enacted in China since 1978 to understand the trend toward privatization. Commonly, support for land ownership privatization has rested on two main assumptions. First, it is seen as a means to protect peasants’ interests and stimulate investment in agricultural production. Second, well-defined property rights may facilitate the transfer of land, thereby reducing transaction costs, and promoting the efficient utilization of land resources. However, this study finds that these assumptions in favor of strengthening peasants’ individual land rights are not borne out in the strategic behavior of land-rights holders. The ambiguity in how the Chinese household registration system qualifies who is a peasant, and thereby endowed with rights, has effectively allowed urban migrants to retain signifi­cant control over the majority of rural land while showing little interest in local village affairs. Quali­tative research conducted in Anhui province reveals that instead of privatization promoting effi­cient land utilization, it creates a divide between land managed by local peasants who have remained committed to continuous cultivation and supplying fresh food, and land managed by absentees, which is often left idle for years or underutilized. This study contends that many elements of the increas­ingly marginalized communal land system are con­ducive to ensuring local food security, maintaining active rural governance, and preserving the social cohesion of rural communities.

Commons—resources used or governed by groups of heterogeneous users through agreed-upon institutional arrangements—are the subject of one of the more successful research programs in the social-environmental sciences. This review assesses research on the commons to accomplish three tasks. First, it surveys the theoretical, substantive, and methods-focused achievements of the field, illustrating how commons research has also influenced natural resource policy making. Second, it examines the changing trajectories of commons research, emphasizing the growing interest of commons researchers in new methods and the application of insights to new social contexts. Third, the review suggests that research on the commons can find continuing relevance by addressing contemporary and future social-environmental challenges. It highlights three directions in particular: (a) strengthening the focus on issues of power and equity, (b) applying insights about effective commons governance to collaborative attempts to craft commons in new societal spaces, and (c) advancing an emerging emphasis on causal analysis and taking advantage of novel streams of large-scale public datasets. [ABSTRACT FROM AUTHOR]

Water management in Australia's Murray-Darling Basin is undergoing a highly-contested shift from single use management for irrigation, to multiple use management for irrigation and environmental flows. Despite a requirement to 'take account' of Indigenous values, multiple use management does not yet include cultural flows – water flows for Aboriginal groups to maintain Indigenous cultural values. Within the economics literature, cultural values are treated as a passive 'use' of place for spiritual or cultural activities, with cultural flows framed as flows of water delivered to particular sites for cultural 'uses'. Aboriginal groups, however, argue for cultural flows to be defined in terms of water entitlements – a property right to water. Property rights have evolved within a specific historic and cultural context, and reflect a Western ontology that is very different to Aboriginal ontologies. This article explores whether a property rights construct might be compatible with Aboriginal ontologies, and whether water entitlements could deliver cultural benefits in ways hoped for by Aboriginal peoples. We find that cultural flows need to extend beyond rights to flows of water to encompass a broader bundle of rights including management and governance rights, if Aboriginal groups are to obtain beneficial cultural outcomes from those flows. [ABSTRACT FROM AUTHOR]

The morphological, social, and legal particularities that high-rise residential buildings present require certain collective organizational practices that are necessary for building management and maintenance. This condition reflects tensions and conflicts that eventually lead to an accelerated deterioration and abandonment of the built environment. Sometimes, these conditions manifest themselves in critical episodes, such as the total or partial loss of residential assets triggered by unexpected events, such as the 2017 earthquake in Mexico City. In this sense, this article intends to analyze the practices and social dynamics that hinder the collective appropriation of goods and common domain spaces in the residential environment. The methodological strategy is based on a retrospective analysis of the problem of the appropriation and management of space based on interviews with residents of the Morelos Residential Center (Mexico City). It is concluded that the difficulties expressed in relation to collective organization obey the logic that the neoliberal project has strengthened in the housing field, which, through the hegemony of the tenure system based on individual private property, has permeated forms of social relationship between inhabitants, installing patterns of individuation that shape apathy towards the appropriation of space and common domain goods.

The maritime domain in the Republic of Croatia has a special legal status – it represents a common good, res extra commercium, so it is outside the ownership regime and is managed by the Republic of Croatia according to special regulations. Such a definition of maritime domain, which includes the sea coast, has great consequences for its overall use, protection and economic activities, which must be performed on the maritime domain under special regulations based on a concession or concession approval. Although the demarcation of the maritime domain in the field is extremely important, in practice it is extremely slow and is done only upon request – which leads to serous legal uncertainty. For more than 30 years since its independence, the Republic of Croatia has not had a precisely defined border to its maritime domain. Therefore, the existing model for determining the boundary of the maritime domain on the ground needs to be modernised and a goal must be set – determining the boundary of the maritime domain on the entire Croatian coast, which would not only legally harmonise the situation, but also increase legal certainty. The existing literature on the maritime domain speaks of the legal nature of the maritime domain, border demarcation, economic use, and other aspects, but not enough is written about the organisational and procedural preconditions for extensive work to be done on delimiting the maritime domain in the Croatian Adriatic.

This article is the second part of a continued study on the legal qualification of balconies (loggias) in the jurisprudence of administrative courts and common courts of law and at the same time an attempt to construct the concepts of a balcony, terrace, and loggia (recessed balcony) from a normative point of view. In part I, we have outlined the condition of research on the issue which is the subject of the study, our assumptions and research hypotheses, terminological and definitional issues in reference to their dictionary meanings, the jurisprudence of the Supreme Court and lower courts of law and the jurisprudence of administrative courts in determining the terminological meanings of the concepts of balcony (loggia) and terrace. Furthermore, a normative analysis of the legal provisions contained in the Act of 24 June 1994 on the Ownership of Apartments (consolidated text promulgated on 21 May 2021 in the official journal “Dz.U.” of 2021, item 1048), the Act of 23 April 1964 - the Civil Code (consolidated text promulgated on 9 June 2022 in the official journal “Dz.U.” of 2022, item 1360, as amended), the Act of 6 July 1982 on Land and Mortgage Registers and Mortgages (consolidated text promulgated on 22 July 2022 in the official journal “Dz.U.” of 2022, item 1728) as well as the legal scholars’ writings and jurisprudence. One of the basic research objectives in this study was also to present the institution of a common property in the context of a potential qualification of balconies, loggias, terraces alternatively as one of the components of a common property or through their classification as a part of the structure of a an apartment. In this paper, the authors have attempted to analyse the definition of common property laid down in Article 3(2) of the Act on the Ownership of Apartments in a de lege lata framework, presenting the most important features of the currently applicable normative concept. It gave rise to de lege ferenda conclusions proposed in the conclusions to this article, in particular as regards the scope of terminology used by the lawmaker. The considerations of a theoretical and legal nature have been extended by an analysis of the views present in particular in the current jurisprudence of common courts of law and administrative courts, as well as references to normative solutions adopted of some foreign legal systems.

The morphological, social, and legal particularities that high-rise residential buildings present require certain collective organizational practices that are necessary for building management and maintenance. This condition reflects tensions and conflicts that eventually lead to an accelerated deterioration and abandonment of the built environment. Sometimes, these conditions manifest themselves in critical episodes, such as the total or partial loss of residential assets triggered by unexpected events, such as the 2017 earthquake in Mexico City. In this sense, this article intends to analyze the practices and social dynamics that hinder the collective appropriation of goods and common domain spaces in the residential environment. The methodological strategy is based on a retrospective analysis of the problem of the appropriation and management of space based on interviews with residents of the Morelos Residential Center (Mexico City). It is concluded that the difficulties expressed in relation to collective organization obey the logic that the neoliberal project has strengthened in the housing field, which, through the hegemony of the tenure system based on individual private property, has permeated forms of social relationship between inhabitants, installing patterns of individuation that shape apathy towards the appropriation of space and common domain goods. [ABSTRACT FROM AUTHOR]

The article considers the issue what moment/moments shall be deemed as the beginning of the period for finding defects in two objects obtained und the developer agreement, i.e., a flat/a single-family house (1) and land, on which the single-family house/building in which the apartment is located is erected (2). The above-mentioned issue has already been commented on by the doctrine, but only in relation to the building. Thus, this study supplements the above-mentioned considerations.

Wetlands in drylands are important resources for agriculture and wildlife, but competition may result in human–wildlife conflict. We sought to understand conditions under which people and wildlife sharing wetlands in drylands may coexist. We applied track counts in riverine wetlands in the dry and wet season (n = 36 days) using belt transects, focus group discussions (n = 3), key informant interviews (n = 26), a household socio‐economic survey (n = 180) and secondary data analysis to study human–wildlife interactions in a community‐based wildlife management area in Zimbabwe. Twenty‐six wildlife species that used riverine wetlands were identified. High population density and riverine agriculture — with access to cattle and ploughs enabling cultivation of larger fields — limited wildlife access to wetlands. Seasonality, drought, water availability and soil fertility, aggravated by limited alternative livelihood opportunities and lack of political will to control cropping and settlement in wetlands, were drivers of conflict. Hence, models based on population pressure and resource availability are insufficient to inform human–wildlife conflict mitigation. Strategies that undercut rent‐seeking behaviour are needed to enable human–wildlife coexistence. Concerted action among stakeholders including linking wildlife conservation benefits to compliance with wetland‐use regulations, water‐user committees, water provisioning and labour‐saving technologies in uplands, livelihood diversification and incentivised production of drought‐tolerant crops are recommended. [ABSTRACT FROM AUTHOR]

Marriage is an inner birth bond between a man and a woman as a husband and wife with one with a noble purpose. Although basically the marriage is expected to run smoothly but in unexpected situations and conditions, the marriage can also end in divorce. One of the problems that must be resolved after the married couple divorces is the problem related to the division of common property. Indonesia is a country where most of its citizens convert to Islam so knowledge related to how to regulate common property in marriage according to Islamic Law is important to discuss. This study aims to examine property in marriage with the perspective of Islamic Law. This type of research is normative juridical research with a statutory approach. The results showed that joint property according to Islamic law is that there is property obtained either singly or with the husband and wife during the marriage bond. According to the Compilation of Islamic Law, the division of common property in the event of a divorce, be it a dead divorce or a living divorce, the spouse is entitled to obtain half of the amount of common property as long as it is not otherwise specified in the marriage agreement.

The present paper studies the effects of alternative modifications of a subsidy for electricity used to pump groundwater on the behavior of profit maximizing groundwater users. It proposes a stylized model for groundwater extraction, and then numerically derives general results by simulation. The model is applied to aquifers in Leon, Guanajuato, Mexico and Kern County, California. The performance of two traditional policy intervention measures—subsidy elimination and reduction—are compared to a new, innovative modification policy, namely, decoupling the subsidy from the electricity bill; this policy is arguably more politically acceptable. The results of extensive simulations suggest that the rate of aquifer water extraction, and the consequent level of water in the aquifer, can be improved significantly by changing the subsidy structure.

The present paper studies the effects of alternative modifications of a subsidy for electricity used to pump groundwater on the behavior of profit maximizing groundwater users. It proposes a stylized model for groundwater extraction, and then numerically derives general results by simulation. The model is applied to aquifers in Leon, Guanajuato, Mexico and Kern County, California. The performance of two traditional policy intervention measures—subsidy elimination and reduction—are compared to a new, innovative modification policy, namely, decoupling the subsidy from the electricity bill; this policy is arguably more politically acceptable. The results of extensive simulations suggest that the rate of aquifer water extraction, and the consequent level of water in the aquifer, can be improved significantly by changing the subsidy structure.

The article considers the issue what moment/moments shall be deemed as the beginning of the period for finding defects in one of the objects obtained under the developer agreement, i.e., a building. In order to properly analyze the indicated problem, the following structure has been adopted. As part of the preliminary issues, it was presented what should be considered as the subject of a developer agreement, how a developer contract should be legally qualified and how the deadline for finding a defect differs from the deadline for reporting it. Then, it was considered when the deadline for finding defects in a building begins to run. The study ends with a short summary.

Common property represents a particularly topical and complex issue in Italy due to the widespread (10% of) Italian territory, with millions of buildings built on it and the lack of a clear legal status regarding their alienability and eliminability. Usually known as civic uses, these rights include various forms of collective enjoyment that are recognized by the Italian legal system, such as grazing; hunting; and the right to fell timber, gather firewood, and sow crops. A recent legislative initiative overcame the concept of "eliminating" civic use by introducing the concept of "exchange", but the unique indication given by the law on how to operate the exchange established the equivalence of the environmental value of the land subject to exchange itself. In the present article, the characteristics of the environmental value or Environmental–Economic Civic Value of land subject to exchange are defined. Consequently, appropriate evaluation procedures/models that could be adopted for ascertaining the environmental value of areas encumbered by civic use that are to be exchanged are identified, considering the different territorial conditions of the presence of civic uses and land areas (land currently encumbered/the land to be encumbered) where an exchange can take place. [ABSTRACT FROM AUTHOR]

Copyright of Jurist-Diction is the property of Universitas Airlangga and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The paper begins with popular narratives on climate change and food insecurity in the Sahel, painting a brief history of how pastoralists and their lifestyles have been understood by external scholars dealing with the theme of natural resource commons. This leads into a deeper analysis of multiple understandings of the productive political potential of the common/s as articulated by economists, historians and academics, and an exploration of the implications of these theories for the Sahel. This includes various government policies managing the commons, ranging from open-access to ranch-based systems, and the privatisation or exploitation of the commons by capitalist actors. The paper further explores three design principles, namely, mobility, inclusion and conflict mediation, for better governance in the region, and ends with a note of caution against the green-washed pursuit of growth rates, tempered by a note of hope in the figure of the vigilant and empowered pastoralist. [ABSTRACT FROM AUTHOR]

Ethnographers have ably documented the great extent and diversity of social institutions that contemporary fishers and shellfishers employ to collectively manage common property resources. However, the collective action regimes developed among ancient maritime societies remain understudied by archaeologists. We summarize research into the development and form of collective action among the maritime societies of the western peninsular coast of Florida, USA, drawing on our own recent work in the Tampa Bay area and previous work elsewhere in the region, especially the Calusa area to the south. Archaeological evidence suggests that collective action became more important in Tampa Bay in the first centuries CE, probably owing to a marine transgression that resulted in more productive estuaries. Groups here staked claims to productive estuarine locations through the founding of villages, the building of mounds, and the construction of relatively simple marine enclosures. Historically, these changes resulted in societies of relatively small scale and limited authoritarian government. In contrast, collective action developed later in the Calusa area, may have begun in relation to resource scarcity than plenty, and may been founded in kinship rather than in public ritual. Collective action in the Calusa area resulted in projects of greater scale and complexity, providing a foundation for more hierarchical and authoritarian social formations.

The maritime domain in the Republic of Croatia has a special legal status – it represents a common good, res extra commercium, so it is outside the ownership regime and is managed by the Republic of Croatia according to special regulations. Such a definition of maritime domain, which includes the sea coast, has great consequences for its overall use, protection and economic activities, which must be performed on the maritime domain under special regulations based on a concession or concession approval. Although the demarcation of the maritime domain in the field is extremely important, in practice it is extremely slow and is done only upon request – which leads to serous legal uncertainty. For more than 30 years since its independence, the Republic of Croatia has not had a precisely defined border to its maritime domain. Therefore, the existing model for determining the boundary of the maritime domain on the ground needs to be modernised and a goal must be set – determining the boundary of the maritime domain on the entire Croatian coast, which would not only legally harmonise the situation, but also increase legal certainty. The existing literature on the maritime domain speaks of the legal nature of the maritime domain, border demarcation, economic use, and other aspects, but not enough is written about the organisational and procedural preconditions for extensive work to be done on delimiting the maritime domain in the Croatian Adriatic. [ABSTRACT FROM AUTHOR]

This article redescribes early modern European defenses of private property in terms of a theoretical project of seeking to establish the true or essential nature of property. Most of the scholarly literature has focused on the historical and normative issues relating to the various accounts of original acquisition around which these defenses were organized. However, in my redescription, these so-called "original acquisition stories" appear as methodological devices for an analytic reduction and resolution of property into its fundamental elements and axioms. Through these stories, property is "created" in the form of the classical liberal paradigm of presumptively exclusive, private ownership of material things. The problem is that this project of "creation" is also a project which arbitrarily excludes or marginalizes other forms and systems of property, and especially usufructuary forms of common property. After critically explicating this early modern project of creation, I go on to argue that the classical liberal paradigm and its problems continue to inform property theory and discourse in the late modern era. [ABSTRACT FROM AUTHOR]

In the last decade, implementation of the conservation policy of Indigenous and Community Conserved Areas (ICCAs) as a tool for biodiversity conservation has attracted worldwide attention. In Mexico, this policy was launched as a programme called Voluntary Designated Areas for Conservation (VDAC). However, the indigenous Zapotec and mestizo people who embraced the programme do not fully understand its profound implications for their traditional livelihoods. This study aims to document and discuss the significance of conservation for the communities of the Zapotec indigenous region of Oaxaca, Mexico, with VDAC established in their territories. The research was conducted adopting a theoretical approach from Cultural anthropology and Conservation biology. We used a case study-based methodology in which qualitative data were collected through semi-structured and in-depth interviews with local decision-makers in their territories, as well as through participant observation. The results indicate that conservation is a new word for the Zapotec, implying for them a different space to the local spaces where social and cultural relationships of the community occur; it is exclusionary since conservation prohibits the traditional use of the certified areas (VDAC). Moreover, our study recorded local words in the indigenous language similar to conservation, which refer to an integral cycle of “to care-to have-to use”. The latter is related to the local traditions and worldviews: in this case, “to have” is seen as a responsibility, since use of the territory is primarily collective.

This article argues on the basis of a comparative study in floodplain areas in Cameroon, Tanzania, and Zambia that land tenure issues have to be related to historical institutional changes not only to property rights in land, but also to land related common pool resources. It further outlines that in addition to privatisation of resources, pastoralists face challenges from the fragmentation of cultural landscape ecosystems, which serves to undermine local common property institutions and their reciprocal resource management arrangements that provided resilience in floodplain ecosystems. Colonisation and postcolonial constellations led to a major institutional change from common to state property in African rangelands, and created legal and institutional pluralism which enabled more powerful state and wealthy actors to shop for institutions that suit them best, especially privatisation and open access constellations (Haller 2010). The article argues that it is this institutional change that transformed the previous cultural landscape ecosystems, that conservationists and governments now want to protect by excluding pastoralists. It will analyse how governments and environmentalists increase their bargaining power in order to appropriate these landscapes in the form of land as commons and green grabbing. It will do so by combining a New Institutionalism and Political Ecology approach (NIPE) with Appadurai's notion of scapes (1996) in a way that unpacks power dynamics for legitimacy-based governmentalities that link global and local scales. The article unpacks the idea of ideoscapes and adds a four-step historical phases model to the concept. This illustrates the scapes pastoralists are in (state, neoliberal, neoliberal applied including investment and conservation, and terrorism and control scapes). These scapes provide legitimacy capital for powerful actors, shape platforms for strategic selection of institutions (institution shopping) and act as Anti-Politics Machines (APM).

To identify gaps in legislation when regulating the relations of spouses on the division of common property in court, as well as to formulate proposals for the modernization of legislation in the field of property relations of spouses. The following methods were used in the work: system, dialectical, comparative legal, analysis, and synthesis. Based on the identified gaps in the legislation, it is important to introduce the most expanded concept of "spouse's noteworthy interest" when departing from the equality of shares and the division of the common property of spouses. And we also suggest that the courts, when resolving such a category of cases, be guided not only by the fundamental principle of "equality of shares", but also apply the principle of "justice", which is most widely used in foreign countries with the Anglo-Saxon legal family. The study not only identified existing gaps in legislation but also conducted a comparative analysis with foreign regulation of the issue. It cannot be argued that family law is outdated. However, relations in society are subject to development, which should be considered by the legislator when reforming the regulatory framework. The article has a high value because it is an attempt to introduce recommendations on reforming family legislation in Russia based on comparison with foreign experience and will create the possibility of an individual approach to resolving cases in the sphere of property relations of spouses.

The effectiveness and outcomes of management are expected to improve when people are informed, engaged and influential in governance and management procedures. The social‐ecological and demographic contexts should, however, influence an individual's perceptions and willingness to engage and access appreciable benefits from management. To evaluate how engagement, procedures and perceived outcomes varied with geographic and social‐ecological context, we asked 1582 heads‐of‐households in 38 fishing villages in four tropical countries to evaluate the benefits of their local fisheries management. Responses to 10 collective action, social performance and management procedure questions fell along three response axes, namely (a) the potential benefits of management, (b) resource status and the reliability of yields and (c) the respondents' ability to influence management decisions. Respondents were most positive about the organization of the existing management systems but more sceptical about their ability to influence decision‐making and subsequent yields and resource status. More frequent negative opinions increased with urbanization (distance to cities and population density), which could arise from challenges of group cohesion, local control and subsequent management efficacy. Consequently, we argue that some common rural, decentralized, or collective fisheries management systems are inappropriate for engaging participation in urban contexts. Across all locations, there is a need to increase participation with management decisions and actions, and to transparently evaluate and respond to resource and yield outcomes. Crafting recommendations appropriate for urban contexts will be increasingly relevant as urbanization and commercialized fisheries expand in tropical countries. [ABSTRACT FROM AUTHOR]

In this paper, we analyze state practices of border-making through an ethnographic focus on Ecuadorian Amazonia and the Waorani, an Indigenous society, who, before sustained contact with the outside world began in 1958, possessed stark spatial and social borders often reinforced through warfare. Following that contact and the creation of various iterations of a legally-demarcated Waorani territory, the spatial and social borders of Waorani culture, based on a common property regime, came into conflict with the borders produced by the state in cooperation with transnational capitalism in the form of the oil industry. We discuss how these shifting borders led to cascading effects on Waorani reciprocity, their relationship to natural resources, sense of security and designation of membership in the community. Finally, we discuss how the leftist Ecuadorian state under President Rafael Correa justifies and facilitates the country’s oil-focused spatial processes through a post-neoliberal discourse.

Common property represents a particularly topical and complex issue in Italy due to the widespread (10% of) Italian territory, with millions of buildings built on it and the lack of a clear legal status regarding their alienability and eliminability. Usually known as civic uses, these rights include various forms of collective enjoyment that are recognized by the Italian legal system, such as grazing; hunting; and the right to fell timber, gather firewood, and sow crops. A recent legislative initiative overcame the concept of “eliminating” civic use by introducing the concept of “exchange”, but the unique indication given by the law on how to operate the exchange established the equivalence of the environmental value of the land subject to exchange itself. In the present article, the characteristics of the environmental value or Environmental–Economic Civic Value of land subject to exchange are defined. Consequently, appropriate evaluation procedures/models that could be adopted for ascertaining the environmental value of areas encumbered by civic use that are to be exchanged are identified, considering the different territorial conditions of the presence of civic uses and land areas (land currently encumbered/the land to be encumbered) where an exchange can take place.

Vezo migrant fishers have played a key role in shaping the seascape and resource use practices in the Southwest of Madagascar. As a population relying mainly on fishing for its livelihood, Vezo people have struggled to maintain their livelihood in the face of resource depletion. They migrate seasonally or long term from their home region on the southwest coast to marine frontiers further north such as the Barren Isles, a remote archipelago in the west of Madagascar. Exploiting sea cucumber and sharks for the global market involves economic and ritual practices that they have maintained in their journeys and constitute their identities as migrant fishers. Within a context of increasing commercialization and depletion of small-scale fisheries, various conservation initiatives have taken place within the migration route of the Vezo including the establishment of Madagascar's largest marine protected area in the Barren Isles. This article argues that migrant fishers have managed to gain, maintain and control access to marine resources, both by performing ancestral rituals by which newcomers attach themselves to ecological niches, and also by mobilizing an environmentalist identity narrative promoted by the Malagasy government and international NGOs. In this way, Vezo migrant fishers have become key actors in the management of marine resources while maintaining their ancestral practices. This is an important argument discussing the role of local identity narratives in the political economy of global resource appropriation and shows how migrant fishers fit in the contemporary seascapes. [ABSTRACT FROM AUTHOR]

Hunter-gatherer societies are characterized by decentralized decision making and shared access to resources. Goods are distributed via reciprocal exchange, sharing, and gift-giving, in the end resulting in relatively equal distribution. Work effort, however, is not distributed equally; the best hunters exert a disproportionate share of productive effort. We argue that these features of the hunter-gatherer economy are interrelated, and are consistent with the view that customary gift-giving and sharing arrangements manage usage of open-access resources. In particular, sharing rules can induce optimal hunting effort, while gift-giving can serve to elicit information about hunter productivity. [ABSTRACT FROM AUTHOR]

This article examines the manifold relations between the use of natural forest resources by forest ejidos in southern Mexico and the territorial rights situation. By using Elinor Ostrom’s theory of common property, the land rights are analyzed from the perspective of the local population, which contradicts with the national forestry legislation. It is shown how local actors pursue their strategies to access, manage and exploit their timber resources, and what implications the federal regulations bring about in this context. The study concludes that the environmental laws, actually designed to protect the tropical forests and to curb illegal logging, in complex ways contribute to a rise in uncontrolled extraction of natural resources.

Abstract Natural resource management involves balancing benefits and costs that accrue through time. How individuals and local communities weight such tradeoffs can profoundly influence how they use and conserve resources. Our goal was to understand time preferences of future benefits for goods that are relevant for developing effective conservation strategies. We surveyed >500 Fulani in Benin about their time preferences regarding financial, ecological, and agricultural goods, summarizing these in the form of discount rates. In a discrete‐time, constant annual form, our results were much higher (median: 150%) than values often discussed in literature. These discount rates declined through time; people valued the future more than would be assumed based on constant discounting. Discount rates were higher for financial goods than ecological or agricultural goods. We illustrate how our estimates of discount rates change recommendations for optimal management of forest resource harvesting in the tropics. While members of this grazing community discount future benefits at a high rate, they do so in ways that contrast with conventional economic theory and favor long‐term use of nontimber forest products.

Natural resource management involves balancing benefits and costs that accrue through time. How individuals and local communities weight such tradeoffs can profoundly influence how they use and conserve resources. Our goal was to understand time preferences of future benefits for goods that are relevant for developing effective conservation strategies. We surveyed >500 Fulani in Benin about their time preferences regarding financial, ecological, and agricultural goods, summarizing these in the form of discount rates. In a discrete‐time, constant annual form, our results were much higher (median: 150%) than values often discussed in literature. These discount rates declined through time; people valued the future more than would be assumed based on constant discounting. Discount rates were higher for financial goods than ecological or agricultural goods. We illustrate how our estimates of discount rates change recommendations for optimal management of forest resource harvesting in the tropics. While members of this grazing community discount future benefits at a high rate, they do so in ways that contrast with conventional economic theory and favor long‐term use of nontimber forest products. [ABSTRACT FROM AUTHOR]