Chapter II
Sở hữu và hưởng dụng tài nguyên
thiên nhiên
- Property Rights, Property Rights
Regimes and Resource tenure
1
What are Property Rights?
•
The entitlements defining owners' rights and
duties in the use of the resource.
•
Domains where peoples social relations
concerning access to, use and control over
´things’ are defined.
•
Property rights define permitted, prohibited, and
required uses.
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Elements of Property Rights
1. Access: the right to enter a defined physical
property.
2. Withdrawal: the right to withdraw the product
of the property. For example: harvest fuel-
wood, catch fish, use water, etc.
3. Management: the right to regulate internal use
and make improvements in the resource.
3
Elements of …
4. Exclusion: the right to determine who will have
an access right, and how that right may be
transferred to others.

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
Individuals who possess operational rights plus
the collective-choice rights of management.

They cannot specify who may not have access
to resources nor can they alienate their right of
management.
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Claimants
Individuals who possess collective-choice
rights to participate in management and
exclusion.
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Proprietors
Owners
Individuals who can sell or lease their collective-
choice rights (i.e. rights of management and/or
exclusion).
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Hưởng dụng tài nguyên
•
Natural resource tenure is broadly defined as the
arrangements through which people gain legitimate
access to natural resources; the conditions under which
they use those resources and participate in the benefits
deriving from them; and the institutions and processes
for the management of those resources.
•
Tenure is broader than ownership. It refers to a bundle of

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De Jure
&
De Facto
Property Rights
•
De Jure rights: formal rights. The rights
recognized by Law.
•
De Facto rights: informal rights (e.g. customary
rights).
Note: De Jure and De Facto rights may overlap,
complement, or conflict with one another.
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Property Rights, Incentives, and Outcomes
•
Property rights affect the incentives individuals
face.
–
The rights of exclusion: produces strong
incentives for investment (at least short-
term) on the resource because it allows
the right-holder to decide who can and
who cannot enter the resource.
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Property Rights, Incentives …
•
The rights of alienation: (i) can affect long-term
investment on the resource, (ii) permits the
right-holder to put the resource to a more

refrain from preventing socially acceptable
uses, and have a right to expect that only
socially acceptable uses will occur.
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Common Property

Ownership: Co-owners; use rights for the
resource are controlled by an identifiable group
of local people.
•
Rights and duties:

The management group (the "owners") has
right to exclude non-members, and non-
members have duty to abide by exclusion.

Individual members of the management
group (the "co-owners") have both rights and
duties with respect to use rates and
maintenance of the resource owned.
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•
Common property regimes were once
widespread around the globe. Overtime
many of them disappeared. Reasons could
be:
–
Effect of technological and economic
change
–

benefit is available to anyone.

Individuals have both privilege and no right
with respect to use rates and maintenance of
the resource.
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Which Type of PR Regime is
Appropriate for NRM?
•
No single type of property rights regime can be
prescribed as a remedy for all problems of
resource degradation and overuse.
•
Effectiveness of a property rights regime
depends upon the context (i.e. environmental,
economic, social, and political conditions).
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•
Open access works well only when there is no
or little need to manage a resource at all (when
the demand is too low and the resource is
available in plenty). In such cases, the
management efforts will not be worthwhile.
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