Conflict, Negotiations and Natural Resource Management
A Legal Pluralism Perspective from South and Southeast Asia
Edited by J.M. Bavinck, Amalendu Jyotishi, Sushanta Mahapatra
Routledge – 2014 – 320 pages
This collection brings a diverse range of approaches to the question of pluralism, property and natural resource management in South East Asia. This significant contribution to the rapidly growing body of literature exploring indigenous people, legal pluralism, land rights and environmentalism is a timely and persuasive overview of the fundamental role of property rights in shaping how people manage natural resources.
Whereas much has been said about property rights with a focus on static definitions, this unique collection looks at the legal anthropological perspective, highlighting the coexistence and interaction between multiple legal orders such as state, customary, religious, project and local laws – all of which provide bases for claiming property rights. These multiple legal frameworks also facilitate considerable flexibility for people to adapt their use of natural resources and to cope with uncertainty. Contributions to this volume reveal various shades and applications of legal pluralism concepts in natural resource management, covering resources including forest, water, fisheries and agriculture.
This brand new research will be of interest to scholars and practitioners of environmental law, property law, environmental politics, anthropology, sociology and geography.
Introduction Part 1: Introduction and Conceptual Issues 1. Conflict Negotiation and Natural Resource Management: A Legal Pluralism Perspective, Maarten Bavinck, Amalendu Jyotishi, Sushanta Mahapatra 2. Legal Pluralism and the Governability of Fisheries and Coastal Systems, Svein Jentoft 3. Law Breakers and the Law-Makers: Critical legal Pluralism, Normative Subjects and Ecological Regimes in India, D Parthasarathy Part 2 4. Legal Pluralism and the Governance Crisis in India’s Water Sector: A Critical Review of National and Sub-National Policies and Regulatory Regimes P.K. Viswanathan 5. Iron smelting and the State in Pre-and Early- Colonial India: Unearthing the Roots of Statutory Forest Law, Sashi Sivramkrishna and Amalendu Jyotishi Part 3 6. Forests for What and for Whom: The Godavarman Judgment and the Marginalization of ‘Non Forest’ Livelihoods in Gudalur, Tamil Nadu, Ajit Menon 7. Legal Pluralism Forests and Local Institutions: The Case of Uttarakhand, Pampa Mukherjee 8. Historical and Contemporary Perspective of Conflict in Chilika Lagoon Fisheries, Odisha, India, Satyasiba Bedamatta 9. Effectiveness of Non State Legal Systems in the Management of Marine Fisheries in South Kerala, India, K.T. Thomson, K.K. Baiju and G.G. Greena 10. "A Matter of Maintaining Peace", State Accommodation to Subordinate Legal Systems: The Case of Fisheries along the Coromandel Coast of Tamil Nadu, India, Maarten Bavinck 11. Land Alienation and Tribal Self-Governance in the Context of Conflicts over Neo-liberal Development: A Legal Pluralistic Understanding to Tribal Resistance to Vedanta in Odisha, Satyapriya Rout 12. Precedence of Indigenous Law Over State Law Among Pattinavar Caste in Nagapattinam District, Tamilnadu, India: An Economic Perspective,P. Balasubramanian 13. Is there a Need for Legal Pluralism Movement in Malaysia? A Case of Jakun People and their Right Over Natural Resources in Tasik Chini, Pahang State Yonariza Satyasiba Bedamatta 14. Decentralisation against Co-Management? State Formation and Natural Resource Management in Timor-Leste, Tomoaki Kanamaru
Amalendu Jyotishi is an Associate Professor at Amrita School of Business, Amrita University, India.
Sushanta Mahapatra is an Associate Professor at Amrita School of Business, Amrita University, India.
Maarten Bavinck is an Associate Professor at the Department of Human Geography, Planning and International Development Studies of the University of Amsterdam, The Netherlands.