Tragedy of the Commons

Can unilateral action be an effective response to global climate change? baylor Johnson worries that a focus on unilateral action by individuals will detract from efforts to secure collective agreements to address the problem. Although Johnson and I agree that individuals have some obligation to reduce their personal emissions, we differ in the degree to which we see personal reductions as effective in spurring broader change. I argue that 'unilateral reductions' can have communicative value and that they can change the structure of collective action problems, making such problems easier to solve. since collective action problems are much less tractable where individuals abide by the tenets of traditional game theory and much more tractable where individuals are oriented to cooperate and to trust that others will reciprocate, we need moral norms that promote individual restraint in exploitation of the commons, and we ought ourselves to abide by those norms.

Marine reserves are promoted as an effective supplement to traditional fishery management techniques of harvest quotas and effort limitation. However, quantitative fishery models have ignored the impact of noncompliance (poaching). Here we link a model of a harvested fish population to a game-theoretic representation of fisherman behavior to quantify the effect of poaching on fishery yield and the enforcement effort required to maintain any desired level of reserve effectiveness. Although higher fish densities inside reserves will typically entice fishermen to poach, we show that the initial investment in enforcement efforts provides the greatest return on maintaining the benefits of the reserve to the fishery. Furthermore, we find that poaching eliminates the positive effect of fish dispersal on yield that is predicted by traditional models that ignore fisherman behavior. Our results broaden a fundamental insight from previous models of marine reserves, the effective equivalence of the harvest quota and reserve fraction, to the more realistic scenario in which fishermen attempt to maximize their economic payoffs.

The Earth's orbital space is increasingly threatened by debris. It is frequently described as a common-pool resource vulnerable to a 'tragedy of the commons' scenario. Scholars have suggested ambitious policy proposals to tackle the tragedy of space debris and assure the sustainability of the Earth's orbits. Their proposals can be classified into three categories: hierarchical regulations, economic incentives and property rights. All three categories require some form of central coordination. However, there might be an alternative approach to the problem and other potential solutions. Elinor Ostrom suggested that decentralized, polycentric systems are appropriate for governing common-pool resources. Anecdotal evidence suggests that a polycentric form of governance can encourage a more sustainable use of the Earth's orbits.

Occupied from ca. 7040 B.C. to A.D. 1400, the Eel Point Site (CA-SCLI-43) on San Clemente Island, California represents one of the longest sequences of near-continuous marine resource exploitation on the west coast of North America. Faunal remains suggest transitions from heavy exploitation of fur seals and sea lions during the early Holocene, to increased hunting of cetaceans at mid-Holocene, to a focus on sea otters and fish during the late Holocene. These trends are consistent with patterns of overexploitation and economic intensification on the California and Oregon mainland, but they also suggest watercraft-based hunting earlier on the island than elsewhere. Fur seal and sea lion bones mainly represent females and juveniles, indicating that exploitation of island rookeries was guided more by self-interest than by principles of game conservation. Two intervals of temporary site abandonment, ca. 6150–3970 B.C. and A.D. 1020–1400, were both followed by periods of increased marine mammal exploitation and may reflect intervals during which marine mammal populations rebounded. Broad-scale diachronic trends in the zooarchaeological remains do not correlate with flux in paleo-sea temperatures and are best interpreted as products of overhunting and increased use of watercraft over time.

Since the very beginning of its existence, humanity has aspired to new discoveries. Over time, with huge technological advancement and discovery of modern technologies, when no blank spots left on the globe of the Earth, humanity turned its head to outer space. The history of space exploration started with the launch of the first artificial Earth satellite “Sputnik 1” by the USSR and its successful orbiting the Earth. Since then, humans have heavily and mostly uncontrollably exploited space around Earth, which inevitably resulted in its congestion and pollution. One of the outstanding examples of irresponsible usage of space is Chinese anti-satellite weapon test. In its 2016 report, The Scientific and Technical Subcommittee of the Committee on the Peaceful Uses of Outer Space of the UN expressed its view that “notwithstanding the Space Debris Mitigation Guidelines, the orbital environment had been deteriorating such that the situation had become critical, and it was increasingly apparent that space debris mitigation activities should be further encouraged”. Nowadays, all users of space recognize the need for the long-term sustainability of the outer space. The issue which this thesis would expressly touch upon is the problem of management of space as a common-pool resource, the problems which arise from the fact that space, as a resource, is rivalrous and not excludable, as well as exposure of Earth orbits
to the phenomenon of the tragedy of the commons. The main focus of the thesis would be to analyze and, consequently, try to find possible entity responsible for the pollution of space and suggest possible solutions to the problem of space debris with respect to law and economics theories. Regarding the latter, Elinor Ostrom’s work “Governing the Commons. The Evolution of Institutions for Collective Action” was a great value and
inspiration for the writing of the thesis. The primary objective of the thesis is to give a reader a comprehensive look at the problem of the pollution of space. The thesis would be structured to fulfill the stated purpose.

This article presents a reframing of workforce diversity as a social tragedy. We draw on Hardin’s concept of ‘tragedy of the commons’, which explored the conflicts between individual and collective good. We identify two dilemmas that underscore the social tragedy of diversity and explain why they prevent workforce diversity from progressing: (1) voluntarism and (2) individualism. We critique the simplistic models of managing diversity and suggest an alternative conceptualization as a way forward. We advocate an approach that captures the potential contradictions between individual and social good and accounts for the role of multiple actors in tackling the tragedy of the uncommons. A reframing of organizational self-interest and collective interests in the context of diversity is presented and solutions to social tragedy of diversity are proposed.

This article intends to think the relationship between neoliberal capitalism and the common(s). First, it ties to define the common both in ontological and political terms, stressing the similarities and differences between the common, commons and common goods. Then, it characterizes their relationship with neoliberal capitalism in terms of dispossession, expropriation and configuration. Finally, it discusses if the common can be thought as an alternative form of cooperation and self-government with regards to neoliberalism and to what extent it can be posed as a complete alternative to the state.

The "tragedy of the commons", as part of the mainstream economic theory, assumes that the selfish and rational human nature will lead to the depletion of essential resources (such as water, air, subsistence items, etc.) in the absence of well-defined property rights, formal, top-down management institutions, rules of access and exploitation. Nevertheless, evolutionary theory advances a new model of individual behaviour, based on altruism and cooperation that could lay the foundation of new types of institutions for managing the commons for the long-term benefit of the group or society. Reviewing the relevant literature that identifies instances of cooperation and successful management of the commons, the paper brings into light the essential conditions necessary for a responsible exploitation of a common resource. Introduction The well-known idea of the "tragedy of the commons"-meaning that in the absence of certain characteristics (such as clear property rights, solid management institutions, well-defined access and exploitation rules, etc.), a common-pool resource will be certainly placed in the middle of the confrontation between the self-interest of individuals and the collective interest of the community, eventually being depleted due to the tendency of any individual to overexploit it-is part of the mainstream economic theory. The tragedy is even greater if we take into account that most of the so-called "commons" are essential resources (such as water, air, subsistence items, etc.) that pertain to the survival of any individual, directly linked to the sustainability of a community. Nevertheless, the human species has succeeded in managing such common resources for millennia, ensuring its survival by proving a high degree of ultra-sociality and ultra-cooperation. The current paper is a theoretical research aimed at identifying successful instances of cooperation in overcoming the inexorable tragedy of the commons, describing the essential conditions necessary for a responsible exploitation of a common resource, and ultimately finding a new model to lie at the basis of the economic theory. The theme of the research is of great importance, given the fact that the sustainability of a community depends on an accountable use of the common resources, which is to be achieved by promoting a new model of individual, different from homo oeconomicus, driven by cooperation and concern for the common good. The paper will investigate the link between sustainability and the alleged self-centred human nature in order to ascertain whether the "tragedy of the commons" is inevitable when dealing with any common resource or whether such a tragedy is only generated by the promotion of a wrong model of economic man and institutions. Although theoretical, the research draws upon a large body of empirical research presented in the literature dealing with the management of the commons.

Economic prescriptions for the sustainable management of fisheries have typically been framed in the context of commercial fisheries. Fishery management failures have been characterized as a consequence of disjointedness between individually rational decisions and globally sensible outcomes-the "tragedy of the commons." The solutions proposed by economists flow from the insight that rational self-interest can lead to socially beneficial outcomes when ownership is secure and prices reflect the opportunity cost of resource use. Theoretical and empirical analyses have demonstrated that sole ownership, individual quotas, territorial use rights, fishing cooperatives, and common property management regimes can promote biologically and economically sustainable fisheries. Nevertheless, implementation of these "solutions" has met with resistance, due in part to the impossibility of uncoupling species within ecological systems and conflict between the proposed solutions and broadly accepted concepts of social justice. The problem of devising a sustainable management strategy is exacerbated in fisheries with diverse consumptive and non-consumptive users. An empirically based simulation-optimization model is used to characterize the biological and economic effects of alternative management regimes in a fishery with commercial and sport fishers. The results are generalized to the case of additional use and nonuse values.

In 1997 the Mexican federal government implemented a system of wildlife use and conservation units (UMAs [from its name in Spanish]) as a national strategy to promote wildlife management, biodiversity conservation, and rural development in Mexico. We provide a critique of the first 8 years of UMA operations. We argue that UMAs have resulted in increased introduction of exotic species in an attempt to diversify the sport-hunting opportunities and failed to economically benefit local communities. A lack of technical capabilities needed to conduct wildlife population studies and evaluations to assess harvest rates, favoritism in establishing the UMA network, and the lack of institutional regulation have also impacted program success. We propose some solutions that could enhance the performance of UMAs and wildlife management and conservation in Mexico. (WILDLIFE SOCIETY BULLETIN 34 :

Several corruption scandals involving police, judges, or other law enforcement officials seem to surface every year in the United States. Inevitably, the official explanation is that such corruption is an individualized phenomenon involving a few "rotten apples." Thomas Wicker, a Louisiana judge, in commenting on the large number of charges brought against judges in the last few years, claimed, for instance, that "most judges are honest and conscientious. The discipline process is taking care of a few bad apples" (Gest 1983, p. 42). Similarly, recent police corruption in Miami produced the following explanation: "Investigators say they believe that only a small percentage of Dade County's police officers are involved in criminal activity. But authorities agree that even a few bad apples is more than enough" (emphasis added, Anderson and Prout 1985, p. 32). Yet, every detailed study of corruption in law enforcement rejects this "bad apple" theory of corruption. Thus, New York City's Knapp Commission concluded that "police corruption was found to be an extensive, department wide phenomenon, indulged in to some degree by a sizable majority of those on the force" (1972, p. 61), despite a virtually "official Department doctrine" that "any policeman found to be corrupt must promptly be denounced as a rotten apple in an otherwise clean barrel" (1972, p. 6).' In all likelihood, the corruption that is exposed each year reveals only a small part of the illegal activities by law enforcement officials. After all, these are only the ones who get caught. Even if a similar number of crimes by public officials were cleared by arrest as crimes in general, the total level of corruption would be substantial. But there are several reasons to believe that the crimes corrupt public officials commit are considerably less likely to be exposed than private sector crime. Indeed, corruption is a direct consequence of the incentives that law enforcement officials face. An alternative to the rotten apple theory of corruption is offered here, one that emphasizes these institutionalized incentives. Corruption by law enforcement officials is a black market for the property rights over which those officials have been given discretionary allocative power (Benson 1981a).2 This discretion arises because of the common pool characteristics of law enforcement resources. It means that rather than assigning rights in reflection of political demands, rights can be sold to the highest bidder. Police, judges, and prosecutors are not monitored closely, again because of incentives arising from common pool problems, so self-interest may dominate and corruption results.

Since the mapping of the human genome and the technical innovations in the field of biotechnology, patent law has gone through great controversies. Protection is required for an investor to make an investment but how broad should the given protection be? Whether the invention is a micro-organism capable of dissolving crude oil, or the gene of a soya plant, the genetic engineering required for their production entails vast amounts of capital. The policy in that respect is tailored by legislative acts and judicial decisions, ensuring a fair balance between the interests of patent right holders and third parties. However, the policy differs from jurisdiction to jurisdiction, thus creating inconsistencies with regards to the given protection to the same invention, and as a result this could deter innovation and promote stagnation. The most active actors shaping the patent policy on an international level are the patent offices of the United States of America, Japan and the European Patent Organization. These three patent offices have set up a cooperation programme in order to promote and improve efficiency with regards to their patent policies on a global scale. However, recent judicial developments have shown that the policy in respect to the field of biotechnology differs between the patent regimes of the United States of America and the two-layer system of the European Patent Organisation/the European Union.

Författaren och journalisten Göran Rosenberg satte för drygt ett decennium sedan fingret på något viktigt i den samtida rättighetsdiskussionen och pekade dessutom på det problematiska förhållandet mellan rättigheter och därtill svarande (eller: frånvarande) skyldigheter:

"Kring de nya rättigheterna har vuxit fram en veritabel rättighetsindustri med uppgift att organisera och företräda ständigt nya grupper av rättighetsbehöriga och rättighetsberövade. Däremot ingen märkbar rörelse för att stärka de förpliktelser som är förutsättningen för att rättigheterna respekteras. Rättighetskulturen frodas på pliktkulturens bekostnad."

Utan att ta ställning i sak om riktigheten i vissa av betraktelserna, så finns det flera omständigheter som jag vill ta fasta på i det följande. Samtidigt som exempelvis sociala rättigheter, med rätta, varit viktiga instrument för människors delaktighet och rättsligt stärkt utsatta personers positioner, så är rättigheter och skyldigheter långtifrån självklara juridiska begrepp som entydigt förmår fixera rättsliga relationer. Det finns därför alltid anledning att förstå dem i en vidare samhällelig kontext, i synnerhet som denna också förändras över tid. Frågan om rättigheter är förvisso en lika gammal som aktuell fråga, men diskussionen om rättigheter har, vågar jag påstå, fått en alltmer accentuerad roll och kommit att träda i förgrunden på senare tid, något som Rosenbergs citat indikerar. Det gäller den vid det här laget tämligen välbekanta diskussionen om kostnaderna av sociala rättigheter, men även den omvittnade 'rättighetsexplosion' som skett också inom andra rättsområden än det välfärdsrättsliga. Detta har å ena sidan samband med insikten om att förverkligandet av olika typer av sociala rättigheter måst ske med preciserade rättigheter, skyldigheter och sanktioner i relation till en förändrad välfärdsstat som inte längre per automatik tryggar dessa rättigheter. Å andra sidan har det samband med den allmänna idén om att grundrättigheter också gjort entré i den svenska rättsvetenskapen, vilket delvis är ett resultat av förändrade internationella och globala förhållanden samt Sveriges medlemskap i EU.' Rättigheter har kommit i fokus, på olika sätt och av olika skäl.

Denna text syftar till att teoretiskt diskutera vissa framträdande drag inom den senmodema välfärdsrätten, som berör den ökande rättighetsreglering vi bevittnat de senaste decennierna och den betydande roll själva rättighetsdiskursen fått inom samhället, politiken och, till viss del, inom juridiken. Min ambition är att närma mig vissa tendenser som jag finner problematiska, att försöka förstå själva den logik som obevekligen tycks driva dem framåt samt att dra fram vissa konsekvenser som jag finner oroande.

Arbetet är disponerat så att avsnitt 1 diagnosticerar några frågor om de sociala rättigheternas nuvarande predikament; avsnitt 2 tar upp vissa rättssociologiska aspekter på förrättsligande och elaborerar ett särskilt konkret uttryck för detta, nämligen det som jag vill benämna 'rättighetifiering', avsnitt 3 behandlar vissa tänk-bara anledningar till rättighetifieringen utifrån politisk teori. I avsnitt 4 närmar jag mig med ett sociologiskt synsätt vilka konsekvenser rättighetsdiskursen har inneburit eller kan komma att innebära-för den samhälleliga gemenskapens rätts-liga grunder. I avsnitt 5 lokaliserar jag de sociala rättigheterna i ett sammanhang som inbegriper civilsamhällets aktualitet och välfärdsstatens nya ansikte; i avsnitt 6 frågar jag mig så avslutningsvis vilken väg det sociala rättighetsbegreppet kan vandra framöver

El intento del hombre por dominar la naturaleza le hace pensar que es dueño de todo cuanto existe y esto le da derecho a poseer y utilizarla a su antojo, sin embargo esta es una creencia occidental, muchas culturas buscaron estar en armonía con la naturaleza, y su relación hombretierra no era de dominación absoluta, esa es la primer reflexión respecto al video de Garrett Hardin, la cultura occidental domina y explota recursos naturales a su antojo.

This paper explores the ideological assumptions made within the theoretical tragedy of the commons, arguing that the thought experiment rests on historical inaccuracies and an incorrect understanding of the utilitarian maxim "the greatest good for the great number." It also explores what conclusions J.S. Mill might arrive at were he to examine the thought experiment.

This paper draws attention to the somewhat neglected domains of affects, emotions, and subjectivity in the study of the commons. The paper argues that a focus on affective and communicative relations among humans and between humans and more-than-humans can enrich our understanding of the practices of commoning and the processes of becoming a commoner. Using the case of community forestry initiatives in Odisha, India, it illustrates how rural people become commoners through the embodied practices of caring for the forests as a shared common. The paper uses this empirical example and conceptual resources from affect theory and relational ontology to think about the commons as affective socio-nature entanglements and as a nurturing ground for subjectivity. It discusses the implications of attention on the commons and the practices of commoning for enabling the emergence of other-than-capitalist subjectivities.

This article describes an exercise that simulates one of the most
famous of all human management problems: the “tragedy of the commons.” Coined by Garret Hardin in 1968, the term refers to any situation in which people acting rationally to meet their individual interests wind up depleting a shared resource to the detriment of all participants. Because these patterns arise in many real-world situations — from global warming and natural resource management to free-rider problems in markets and organizations — this exercise may interest a broad range of negotiation scholars, teachers, and practitioners. The Chocolate Conundrum is a simple exercise that uses candy to demonstrate the tension between individual and collective interests that arises in all social dilemmas.Because these dynamics also arise in many real situations, the exercise can be a powerful teaching tool for instructors in management, public policy, sociology, economics, and many other social science disciplines.Unlike some other simulations of collective action problems, this exercise is simple to administer, requires no computation or tallying of results, and works with a broad range of audiences and group sizes.

In 1968 Garrett Harding presented to the world a very captivating vantage point of the worlds population problem. He illustrated from the onset that his concern was ‘with the important concept of a class of human problems which can be called "no technical solution problems," and more specifically, with the identification and discussion’ (Hardin, 1968) of these problems.

Corte di Cassazione, Sez. un., 14 febbraio 2011, n. 3665; Pres. Vittoria; Est. Spagna Musso; P.M. Iannelli; A.M.A. c. Ministero dell'Economia e delle Finanze; Ministero delle Infrastrutture e dei Trasporti; Agenzia del Demanio; Regione Veneto. Beni pubblici -Distinzione codicistica tra demanio e patrimonio pubblico -Appartenenza finalizzata alla concreta fruizione -Beni funzionali al perseguimento di interessi della collettività -Tutela della personalità umana -Categoria dei beni comuni -Configurabilità (artt. 2, 3, 9, 42 e 117 cost.; artt. 822, 823, 824, 826 e 828 c.c.; artt. 23 e 28 c. nav.; artt. 1 e 3, l. 6 dicembre 1991, n. 394; artt. 136 e 142, d.lg. 22 gennaio 2004, n. 42).

Both Walter Sinnott-Armstrong and Baylor Johnson hold that under current circumstances, individuals lack obligations to reduce their personal contributions to greenhouse gas emissions. Johnson argues that climate change has the structure of a tragedy of the commons, and that there is no unilateral obligation to reduce emissions in a commons. Against Johnson, I articulate two rationales for an individual obligation to reduce one's greenhouse gas emissions. I first discuss moral integrity, which recommends congruence between one's actions and positions at the personal and political levels. Second, I draw on a Confucian, relational conception of persons to offer a critique of the collective action/tragedy of the commons framework itself. Under the relational conception, commons problems can be reconceptualised so as to dissolve the stark contrast between the individually and the collectively rational. This perspective can inform our approach to climate change and help reconcile individual and political action to mitigate it.

Several proposals for addressing the “replication crisis” in social psychology have been advanced in the recent literature. In this paper, we argue that the “crisis” be interpreted as a disciplinary social dilemma, with the problem facing early-career researchers being especially acute. To resolve this collective action problem, we offer a structural solution: as a condition of receiving their PhD from any accredited institution, graduate students in psychology should be required to conduct, write up, and submit for publication a high-quality replication attempt of at least one key finding from the literature, focusing on the area of their doctoral research. We consider strengths, weaknesses, and implementation challenges associated with this proposal, and call on our colleagues to offer critical response.

The Orientation Framework acknowledges that the scientific understanding of pastoralism has undergone a veritable U-turn from the principles that directed pastoral development for most of its existence. It acknowledges the mistakes of the past. It engages with pastoralists’ sophisticated knowledge, supporting the understanding of mobility as key strategy to increase livestock productivity. The way forward is sketched in an explorative and participatory way. The core principle is to strengthen pastoral systems, building on pastoralists’ own specialisation and expertise.
The document is organised in three parts. The first concerns the understanding of pastoral systems in general and the context of pastoral development. The second part focuses on the experience of pastoral development in Ethiopia. The third part combines these lessons in light of MISEREOR’s approach to development in order to define six axes of activity to strengthen pastoral systems: i. recognise and support their specialisation to use environmental variability for food production; ii. increase pastoralists’ options for targeting pasture resources; iii. create appropriate water supplies in strategic locations; iv. improve access to well-adapted services; v. support the understanding and visibility of pastoralism; and vi. promote dialogue in support of people-led pastoral development.

This essay takes the motif of ruin as an entry point for a foray into the subject of the commons. It engages Garrett Hardin’s nearly unknown discussions of literature and poetry to shed critical light on his famous idea of “The Tragedy of the Commons,” and on the general relation of the commons to questions of language and measure. To summon resources for thinking against enclosure, the essay follows an itinerary that constellates historian J. M. Neeson, the philosopher Gilles Deleuze, the poet and theorist Fred Moten, and the Romantic poetry of William Wordsworth.

This article explores the links between energy policy, tax policy and global warming. This article focuses on tax policy, because the emerging consensus among legal scholars favors economic incentives rather than command-and-control regulations for reaching environmental goals, and the Federal income tax has proved an effective delivery system for economic incentives.

Zu einer Arbeit, die die Auflösung des bürgerlichen Subjektes im Titel trägt, gehört es, sich den Wirklichkeiten fernab strukturell patriarchaler Subjektkonstruktionen zu stellen. Darum ist es mir eine Selbstverständlichkeit, mich in meiner Arbeit um eine geschlechtergerechte Sprache zu bemühen. Begriffe wie Eigentümer, Besitzer, Arbeiter oder Autor sind jedoch bewusst in der männlichen Form gehalten. Grund dafür sind die den jeweiligen Konstruktionen zugrunde liegenden patriarchalen Vorstellungen. Als Autorin, die in ihrer Arbeit sowohl die Geburt, als auch den Tod des Autors beschreibt, danke ich den vielen intelligenten Knotenpunkten und Netzwerken meiner Umwelt und wünsche nun den Leser_innen viel Spaß und gute Gedanken. Inhalt | 3

Since the launch of the Sputnik 1 in 1957, around 8,000 man-made space objects have been launched in space. While these space objects have given us satellites and space probes which have revolutionized the way we perceive modern life and outer space, the byproduct of this process has been the creation of excessive space debris. The problem created by the uncurbed and unintentional production of space debris has been escalating in the past couple of decades and the lack of binding legislation regarding this issue is alarming news for future generations who may not be able to utilise the outer space resources that international space agencies are misusing so casually. This paper attempts to analyse the existing legislation governing space debris and the consequences of the lack of pre-emptive and corrective measures to prevent a crisis caused by space debris.

Bu çalışma, sosyal bilimler içerisinde iktisat felsefesi ve hukuk tartışmalarını da merkezde tutarak Türkçe mali yazında hiçe yakın tartışılmış iki olgu olan "ortak" ve "ortak olmayan" kaynak, mal ve mülkiyetin kullanım trajedilerini ele alma ve bu alanda maliye literatüründe temel oluşturma amacındadır.

Sommario: 1. La costruzione pugliattiana delle proprietà conformate quale pietra angolare dell'elaborazione civilistica degli anni Settanta. I principali filoni culturali e metodologici del dibattito giusprivatistico in materia di proprietà. -2. Approdo alla compatibilità della funzione sociale con la figura del diritto soggettivo. Valenza economica della nozione là dove presuppone un rapporto giuridico connesso all'utilizzazione della cosa. Ispirazione della funzione sociale all'attuazione del valore della persona umana e sua riferibilità a ogni statuto proprietario. -3. La funzione sociale quale ragione giustificatrice del regime sostanziale dei beni comuni, orientati in via preferenziale alla conservazione e alla fruizione collettiva. Predeterminazione normativa della destinazione funzionale; conformazione ad essa delle facoltà del proprietario; limitazione della circolazione giuridica. -4. Attuazioni del principio della generale accessibilità: dalla limitazione dello ius excludendi all'apertura al godimento collettivo. Rilettura personalistica della proprietà collettiva. -5. Incidenza della solidarietà sulla disciplina delle forme di utilizzazione e tutela. Ribaltamento della tradizionale logica produttivistica e garanzia di conservazione dei beni per le generazioni future. Promozione della partecipazione delle comunità nella gestione dei beni. -6. Conclusioni: il concetto di beni comuni quale espressione riassuntiva di soluzioni normative omogenee, che manifestano il collegamento dell'oggettivazione giuridica agli interessi esistenziali della persona umana. Dalla neutralità assiologica della dogmatica positivista alla recente impostazione dualistica del rapporto fra princípi e concetti. Integrazione delle norme costituzionali nel processo di elaborazione degli strumenti concettuali di una moderna dogmatica. * Il saggio, destinato agli Studi in onore di Antonino Cataudella, riproduce, con l'aggiunta delle note, la relazione al Convegno di studi «Dalle "proprietà" al bene comune. Analisi e prospettive intorno alla fondazione della nozione giuridica di bene comune attraverso una rilettura di studi classici sulla proprietà», svoltosi il 20 maggio 2011, presso l'Istituto Italiano di Studi Filosofici di Napoli.

There is an ongoing debate about how to define and characterize the formations of the present social relations. In this context , it could be argued one side of the debabe states that it is completely new form of social organisation we have arrived while the other side argues for the present relations is not a completely break from the past but only a new phase of modernity we experience. On the other hand , what it's called as common goods like atmosphere , ecosystem , freshwater resources , that are facing transboundary crises , should be put high on the agenda. In this study , it aims to argue potential solutions to environmental dangers that modernity has produced alongside its opportunities while assesing the thoughts of Beck and Giddens related with their conceptualization of risk society.

The aim of the paper is two-fold. It presents an integrated conceptual framework based on the literature on common-pool resource institutions, social capital and NGOs, and secondly, it applies the framework to the case of Bangladesh fisheries sector. Current theoretical and empirical research on common-pool resources arrive at two major conclusions: first, the tragedy of the commons is not an inevitable outcome, and secondly, sustainable management of CPRs depends not only on bio-physical characteristics and user characteristics but also on a broader institutional framework or social capital. Formal institutions and externally-supported NGOs can play an important role in this context. The experience of Bangladesh openwater inland fisheries confirms that private property rights attached to waterbodies largely solve the problem of appropriation externalities, but have failed to fulfill equity and long-term sustainability goals because of the elite capture of fishing rights. Community-based fisheries management supported by NGOs since the early 1990s has addressed these problems with some success. Two factors appear to determine their performance: the support of formal institutions (legal, administrative), and the project design based on active participation of members that presupposes some social capital. JEL Classification: 013; Q22

A Term Paper On: THE CONTESTED COMMONS -A Realist understanding of the security dimensions and challenges of the global commons Submitted to: Dr. HAPPYMON JACOB By: DHARA P SHAH Registration No.: 64921 M.A Politics (with specialization in International Relations), Semester III School of International Studies, JNU

Artykuł stanowi prezentację jednego z najbardziej wpływowych nurtów w obrębie współczesnego marksizmu. Autor wskazuje, że żywotność marksizmu dobra wspólnego wypływa z jego zdolności do konceptualizacji przekształceń kapitalizmu, przede wszystkim nowych form produkcji i zawłaszczania bogactwa społecznego. Przedstawiciele tego nurtu konstruują materialistyczną teorię dobra wspólnego, dla której kluczowe znaczenie mają zinterpretowane na nowo pojęcia Marksowskie: akumulacja pierwotna, grodzenie dóbr wspólnych,
praca produkcyjna i reprodukcyjna. Reinterpretacje te wypływają z trzech
podstawowych źródeł filozoficzno-politycznych: post-operaizmu, radykalnej geografii i historii oddolnej. Artykuł analizuje związki między nimi a marksizmem dobra wspólnego.

‘The tragedy of the commons’ and ‘the common heritage of mankind’ are concepts that dominate the legal discourse on governing  global commons, including spaces beyond national jurisdictions, essential resources and concerns such as biodiversity conservation and climate change. This article offers a critical account of their origins. It associates each with a prominent speech act of the late 1960s: Garrett Hardin introduced the former to a group of scientists in 1968, while Arvid Pardo articulated the latter to the First Committee of the UN General Assembly in 1967. The article shows that Hardin’s and Pardo’s interventions responded to pressing issues of the time: decolonization, developed/developing state relations and pressures of population and resource security. Channelling this period’s fascination with integrative knowledge, these feats were an impressive, if error-laden, synthesis of economic, legal and scientific data and theories. At the same time, they had parochial, illiberal and even imperial dimensions, playing upon, and exacerbating, the mistrust that then typified international relations. These are all legacies we must contend with today in our legal engagements with global commons.

Here is a paper on the resource curse and the tragedy of the commons based on two articles. The first one, presented by James Brander and Scott Taylor and called « The Simple Economics of Easter Island » describes the dynamics of the rise and fall of the Polynesian civilization that used to live on the island. In order to do so, they use the Lotka-Volterra predator-prey model, stressing a cyclical system of adjustment between population and natural resource following a « feast and famine » pattern out. This equilibrium, applied to the consumption of natural resources, permits to explain why Easter Island declined while other Polynesian peoples are still prosperous nowadays.
The second,  « The Curse of Natural Resources » and written by Warner and Sachs is centred on the notion of resource curse defined by George Soros as « the failure of resource-rich countries to benefit from their natural wealth ». They will anwer two questions: "Does the curse exist?" and "Why does the curse exist?".

In the 21st century, humanity has entered an era of a turbulent, globalised and politically awakened world of the Anthropocene where science clearly shows that we need a global energy transformation for a sustainable future. Science is fundamental and it seems that nobody even global leaders can deny its unquestionable proofs. It provides evidence-based directives that are helpful for humanity to safely navigate its way through a period of the novel, global challenges. Unfortunately, more recently, the future and our existence have been undermined since the prevailing structure of the international system is not fair towards the Earth. “The present system has been inducing states to comply with global norms in ways that actually exacerbate unsustainable development rather than sustainable development.” (Stevenson, 2012: 4). Recent cataclysmic weather events ranging from raging wildfires, torrential rains, widespread floods, devastating droughts, catastrophic earthquakes, crippling hurricanes and spectacular volcano eruptions show that Earth is ailing. Unfortunately, it seems that there is a limit of what human civilisation can do against the forces of nature. Science shows that there is a connection between climate change with its most visible signs such as melting glaciers, rising sea levels, increasing weight of oceans, increased volcanic activity worldwide with human actions. Are these all not the signs that our planet is awakening? Undoubtedly, the living Earth or Gaia is an open system and it seems that it might be protesting against human actions that are evidently harmful to her. According to ancient beliefs, earth is a goddess, who can use her powers destructively or creatively (Toynbee, 1976: 290). Throughout history, climate has been variable, it has also impacted in various ways on the development of past civilisations what will be discussed in the paper. Up to 1950s, it could be argued that climate variations could be explained by natural factors. However, from the mid-century, the steep rise in temperature occurred, so it is clear that the most recent warming of the climate is due to human factors (Attenborough, 2006). Moreover, science has delivered numerous proofs that global warming is a result of human-induced climate change. Plus, some IR scholars argue that climate change is a global issue that is likely to exacerbate migration, civil unrest and even conflict. Realism states that it is a threat multiplier since it exists in the nexus of catastrophe, conflict and migration in the worst-case scenario leading to the global turmoil. Many prominent authorities in the world of science, such as Steven Hawking, point to the doomsday scenarios arguing that population rise, climate change and finite resources on Earth will result in life becoming increasingly dangerous on the planet. So the only way to preserve civilisation to build upon the progress made over the last century will be to look out to the rest of the galaxy. However, other scholars state that it might be incredibly difficult for humans to reach for the stars and colonise cosmos unless major, global problems will be first solved here, on Earth. Despite these opinions, as always, there is also a bright side to the problem. There were periods in the past when Earth’s climate has been relatively stable. Such conditions happened for the last 12,000 years. Such stability and reasonably balanced and mild climate without any major Ice Ages have been critical for the development of modern civilisation. Favourable climate conditions enabled humans to pursue agriculture, domesticate animals, settle down and develop culture and arts leading to the flourishing of civilisations and creative and splendid periods of Golden Ages. Space observations, astronomy combined with archaeology and climate science, give us valuable clues as to how ancient civilisations, like that of the Mayans and the Old Kingdom of Egypt, collapsed. Scientific evidence suggests that climate change and drought, in particular, has been at least partly responsible for the rise and fall of many ancient civilisations. This paper argues that stable way of life for present civlisation depends on a stable climate. Humanity must listen more carefully to the voice of our planet, living Earth or Gaia. Faced with a changing climate, we must learn the lessons of the past, study past civilisations, and simply adapt. The primary requirement is that civilisation builds just and responsible management of the global commons by overcoming the tragedy of the commons. This could be done when states commit to solving, or at least, understanding, and to some extent, wisely managing climate on Earth. Throughout centuries, science has been a reflection of our instinct for civilisational survival. In 1908, Svante Arrhenius argued that an increased greenhouse effect due to human activity would be a good thing, preventing a new Ice Age. At the time, he did not consider the risks of rising sea level and local disruption of agriculture. Today, humanity faces a choice: either to enact smart actions leading to homeostasis or to remain in a passive, climatic impasse resembling 'a Gordian knot' or rather a contest with the forces of creation. The latter would probably end in increasing strains on the finite planet. This would signify a regression on the trajectory of human progress. The old truth says that the Earth could be hospitable, but it can be also destructive. We must appreciate the fact that humanity is intrinsically part of nature, but sometimes, we have to be made to feel very small and insignificant because the laws that govern it are beyond human domination. According to the Gaia theory, Earth's natural cycles work together to keep the Earth healthy and support life on the planet. As a result, we have to listen more sensitively to Gaia so that to start to live in harmony with her. To do that, we have to act in sync with nature and try to understand it better, so that our solutions are more approved by her and are not only selfish and functional only from our point of view. Humans have to preserve the delicate, ecological balance that has been formed between indigenous societies and our planet. At the moment, rare species face the danger of extinction, humans continue with deforestation while the cultural heritage of tribes and simple societies who managed to coexist with nature is replaced by consumer society. “The Earth, our home, is beginning to look more and more like an immense pile of filth.” (Pope Francis, 2015: 16). Individuals no more have a connection with the spiritual, they no longer care and respect Gaia. However, Gaia will not allow operating beyond its natural limits, she will inevitably bring back the ecological balance what in the worst-case scenario might lead to diseases, protracted suffering, or even a dangerous climax. Essentially, Earth wants to clean itself and take on another new look, it can be done with humans. Earth will be showing the right pathway. Humanity has to simply listen and engineer our way forward. Humans can either prepare for adaptation and live in a healthy symbiosis (which is a mechanism of evolutionary innovation) with the natural world or remain in stagnation, chronic disease, complaining about reappearing and unbearable heatwaves, wildfires, sea level rises and mass displacements of people, all televised by the mass media, with the ailing Gaia and suffering humanity - quite pathetic and unacceptable. Such an unhealthy condition or rather 'the clash of the titans' with an increasingly hostile civilisation in which people become alienated and detached from God and His cosmic Master plan for our planet, might be risking a confrontation after which there might be a decline in civilisational growth. Heroic leaders though can in the nick of time gain a strategic vision for planetary preservation. Following sensitivity to 'the cry of the Earth', they could make our planet great again and not just individual nations great again. But self-indulgent, hedonistic, consumption-oriented society cannot project a moral imperative on the world. Heroic leaders have to direct organised humanity onto the sustainable pathways of clean energy, preservation of natural ecosystems and peaceful coexistence. Science says that to avoid climate catastrophe civilisation needs to reduce carbon emissions by 80 per cent by the middle of this century. Putting pressure on global leaders to act is one strategy, but equally, we have to propose practical solutions of Earth's healing. As Pope Francis (2015) noted, “Strategies for a solution demand an integrated approach to combating poverty, restoring dignity to the excluded, and at the same time protecting nature.” Comprehensive and holistic strategies require education in elucidating insights from norm-centred constructivism (the life cycle of climate norms), climate philanthropy, education of girls, meteorology, cultural and spiritual ecology and biomimicry.