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.
2
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

management and exclusion.

They cannot devise their own harvesting
rules.
7

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.
8
Claimants
Individuals who possess collective-
choice rights to participate in
management and exclusion.
9
Proprietors
Owners
Individuals who can sell or lease their
collective-choice rights (i.e. rights of
management and/or exclusion).
10
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

12
Các hình thức hưởng dụng tài nguyên
13
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.
14
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.
15
Property Rights, Incentives …
•

socially acceptable uses, and have duty to
refrain from socially unacceptable uses.
–
Others (called "non-owners") have duty to
refrain from preventing socially acceptable
uses, and have a right to expect that only
socially acceptable uses will occur.
19
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.
20
•
Common property regimes were once
widespread around the globe. Overtime
many of them disappeared. Reasons could
be:

•
Rights and duties:

No defined group of users or "owners" and
benefit is available to anyone.

Individuals have both privilege and no right
with respect to use rates and maintenance of
the resource.
23
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).
24
•
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.