Governing Access to Essential Resources

Hardcover | December 8, 2015

EditorKatharina Pistor, Olivier De Schutter

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Essential resources do more than satisfy people's needs. They ensure a dignified existence. Since the competition for essential resources, particularly fresh water and arable land, is increasing and standard legal institutions, such as property rights and national border controls, are strangling access to resources for some while delivering prosperity to others, many are searching for ways to ensure their fair distribution.

This book argues that the division of essential resources ought to be governed by a combination of Voice and Reflexivity. Voice is the ability of social groups to choose the rules by which they are governed. Reflexivity is the opportunity to question one's own preferences in light of competing claims and to accommodate them in a collective learning process. Having investigated the allocation of essential resources in places as varied as Cambodia, China, India, Kenya, Laos, Morocco, Nepal, the arid American West, and peri-urban areas in West Africa, the contributors to this volume largely concur with the viability of this policy and normative framework. Drawing on their expertise in law, environmental studies, anthropology, history, political science, and economics, they weigh the potential of Voice and Reflexivity against such alternatives as pricing mechanisms, property rights, common resource management, political might, or brute force.

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Essential resources do more than satisfy people's needs. They ensure a dignified existence. Since the competition for essential resources, particularly fresh water and arable land, is increasing and standard legal institutions, such as property rights and national border controls, are strangling access to resources for some while deli...

Katharina Pistor teaches at Columbia Law School and directs its Center on Global Legal Transformation. She is widely recognized for her scholarship on privatization, property rights, comparative corporate law and governance, and law and finance. In 2012, she was a co-awardee of the Max Planck Research Award for her work on internation...

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Governing Access to Essential Resources
Governing Access to Essential Resources

Kobo ebook|Dec 22 2015

$59.99

Format:HardcoverDimensions:392 pages, 9 × 6 × 0.98 inPublished:December 8, 2015Publisher:Columbia University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0231172788

ISBN - 13:9780231172783

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Table of Contents

Part 1: Analytical Framework1. Introduction: Towards Voice and Reflexivity, by Olivier De Schutter and Katharina PistorPart 2: Essential Resources: Challenges Ahead2. Land's Essentiality and Land Governance, by Derek Hall3. Governing Boundaries: Exclusion, Essential Resources, and Sustainability, by Edella Schlager4. Property Theory, Essential Resources, and the Global Land Rush, by Hanoch Dagan5. MultipliCity: Water, Rules and the Making of Connections in Mumbai, by Nikhil AnandPart 3: Beyond Voice and Reflexivity6. Voice, Reflexivity, and Say: Governing Access to and Control of Land in China, by Eva Pils7. Tenure Security and Exclusion Processes in Peri-urban areas and Rural Hinterlands of West African Cities, by Alain Durand-Lasserve8. Redirecting Regulation? Land Titling and Cambodia's Post-Neoliberal Conjuncture, by Michael B. Dwyer9. Erosion of Essential Resources in Neoliberal India: A Bottom-Up View, by Vamsi Vakulabharana10. Comparing Water Access Regimes Under Conditions of Scarcity: The Tale of two Communities in the United States, by Michael CoxPart 4: Governing Essential Resources in Action 11. Go with the Flow: Lessons from Water Management and Water Markets for Essential Resources, by Vanessa Cassado-Pérez12. Ecology: Water Governance's Missing Link, by Scott McKenzie13. Water Scarcity in Morocco: Voice, Narrative, and Essential Resource Governance, by John Hursh14. Solving Trans-Border Water Issues in Changing Climate Scenarios of South Asia: A Theoretical Illustration Using a Principal-Agent Bargaining Approach, by Nilhari Neupane15. Voice and Reflexivity in Essential Resources: Reforming the Community Land Regime in Kenya, by Laila Macharia16. Do Traditional Institutions Matter in Participatory Essential Resource Governance Systems in Zimbabwe?, by Manase Kudzai Chiweshe17. Local Corporations: An Organizational Form to Reduce Information Costs and Maintain Supportive Resources, by James KruegerEpilogue, by Olivier De Schutter and Katharina PistorContributorsIndex

Editorial Reviews

The pleasure in Katharina Pistor and Olivier De Schutter's book is that it presents materials of massive complexity-and obvious relevance-in an accessible manner. It is a book of interest to anyone who is struggling with (but refuses to be overwhelmed by) the implications of globalization, the resource curse, land grabs, and water scarcity. The editors and contributors explain the failings of a global system, but the book offers a way forward-not a one size that fits all solution, but elements to overcome entrenched problems and looming disasters.