Sở hữu và hưởng dụng tài nguyên thiên nhiên , Individuals holding rights of access and withdrawal. These rights may be transferred to others either temporarily or permanently. Their rights are defined by others who hold collective-choice rights of management and exclusion. They cannot devise their own harvesting rules.
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 have an access right, and how that right may be transferred to others. 5. Alienation: the right to sell or lease the collective choice rights of management and/or exclusion. 4 • Access, and withdrawal are operational level property rights. • Management, exclusion, and alienation are collective-choice level property rights. 5 Categories of Position in Property Rights 1. Authorized users 2. Claimants 3. Proprietors 4. Owners 6 Authorized Users Individuals holding rights of access and withdrawal. These rights may be transferred to others either temporarily or permanently. Their rights are defined by others who hold collective-choice rights of 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 resources and... resources in such a way so as to not harm others, and paying taxes, fees and other duties These rights and obligations are defined by national law, customary rules, or a combination of the two 11 Hưởng dụng tài nguyên • Natural resource tenure is broader than land tenure Distinct tenure arrangements apply to agricultural and urban land, rangelands, water, wetlands, coastal areas, forests, biodiversity,... biofuels, may enhance the competition for different land uses This multiplicity of resources, resource rights, uses and users raises challenges for tenure policies and programmes 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 . investment on the resource, (ii) permits the right-holder to put the resource to a more productive use. Note: right of alienation, however, does not guarantee the survival of a resource. 16 Property. mineral resources. Rights to different resources pertaining to a piece of land may be held by multiple users, and at different times of the year. A forest, for instance, may provide resources. can also be affected by the context. Example: for physically isolated settlements, the right of exclusion may not be so important. 17 Property Rights Regimes Applicable to Natural Resources