Index

access to property, right of 15

alienation from property, right of 15

biodiversity loss in forests: see Sweden

Bolivia: comparison with other case studies 98, 212; deforestation 55; good governance 56; governance responses to deforestation 66; property rights 56; relation between public and private regulation 56, 61; summary overview 71

Canada: comparison with other case studies 214; enforcement of regulation 81, 256; fishery certification 189; forest certification 28, 81; forest coverage 21, 30, 71; forestry case selection 20, 30; good governance 73; information generation and management 81; interaction of public and private regulation 24, 76, 256; private regulation 76; property rights 73, 223; public regulation 74, 75, 246; riverine (riparian) forest protection 22, 31, 71; scale of environmental governance 81; summary overview 82; Sweden compared 98

case studies: comparative analysis 98, 102, 198, 210; selection 19, 24, 30, 116

certification: fisheries 114; forestry 28; private see private certification

common-pool resources: characteristics of 7; environmental governance and 2; non-excludability of 2, 7, 222; problems of 2; property rights regimes 7, 108; subtractability of 2, 7, 222; ‘tragedy of the commons’ see ‘tragedy of the commons’

communal property rights: choice to establish 254; combination with public and private rights 225; common-pool resources 13; community forests 49; coordination by self-governing institutions 13, 111, 239, 240; coordination costs 13; decentralization and deregulation as strengtheners 259; definition of property rights 235; externalities and 7; and fishing rights regimes 6, 112, 183, 254; indigenous interests 102, 246; institutional arrangements for 238; and interaction of public and private regulation 3; in multilayered governance regime 98; replacement by public or private rights 13, 51, 54, 103, 212, 236, 237, 254; resurgence of 246; strengthening via decentralization and deregulation 259

comparative analysis: Bolivia 212; case study comparisons 98, 102, 198, 210; complementarities between public and private regulation 233; coordination of regulatory activities 240; differences between public and private regulation 234; enforcement of regulation 239; general trends 245; government’s environmental governance role 232; Indonesia 211; information generation and management 242; interaction of public and private regulation 231; Japan 220; Mexico 217; New Zealand 219; North America 214; private regulation 229; property rights, definition of 235; property rights, externalities 244; property rights, over types of resources 223; property rights, proper functioning of 235; public regulation 226; scale of resource management 244; South Africa 216; standards setting 231; Sweden 215; types of resources 222

concessions, use of 228

concluding observations: context specificity as to rights and regulation 262; coordination of regulatory activities 256; current study goal 249; current study limits 263; current study starting point 249; current study theoretical framework 251; discrete design of decentralization and deregulation 259; enforcement of regulation 256; externalities to property rights 261; further research, scope for 263; information generation and management 257; interaction of public and private regulation 260; need for government regulation 258; private certification, role of 259; property rights choice 253; property rights definition 255; relevance of nature of resource 253; scale of resource management 258; ‘tragedy of the commons’ 261

coordination costs: category of 8; communal property rights 13; fisheries 194, 196; and indigenous interests 103; of multi-layered regimes 100, 242; private property rights 10, 12; public property rights 11, 12; replacement of communal property rights with public or private rights 51, 54, 212

coordination of regulatory activities: case studies comparison 240; concluding observations on 256; costs see coordination costs; fisheries 193, 206

costs: coordination costs see coordination costs; definition costs see definition costs; exclusion costs see exclusion costs; transaction costs see transaction costs

costs of property transactions, comparison of 16

current study: approach by 3; content of 5; further research, scope for 263; goal of 249; limits of 263; methodology 4; starting point 249; theoretical framework 251

definition costs, category of 9

deforestation see forests

domestic law: fisheries 107; forests 25; government capacity to enforce public property rights 236; government regulation, need for 258; government regulatory failures and public property rights 16; government’s regulatory role, case studies comparison 232

enforcement: case studies comparison 239; concluding observations on 256; fisheries regulation 205

environmental governance: background to 1; Bolivia see Bolivia; certification see certification; common-pool resources problems 2; context specificity as to 262; current study see current study; discrete design of decentralization and deregulation 259; fisheries see fisheries; forests see forests; further research, scope for 263; government’s role, case studies comparison 232; Indonesia see Indonesia; Japan see Japan; management of resources see management; Mexico see Mexico; multi-layered regimes 54, 95, 96, 98, 211 see multi-layered governance regimes; New Zealand see New Zealand; North America see North America; relation between public and private regulation 1, 16; South Africa see South Africa; Sweden see Sweden

exclusion costs: category of 8; reduction of 9, 16

exclusion from property, right of 15

fisheries: case studies 116; case study comparisons 198; certification 114; communal property rights 6, 112, 183, 254; consumption 104; coordination of regulatory activities 193, 206; current study approach 105; domestic law 107; enforcement of regulation 205; fishing rights regimes 108; governance 106, 116; information generation and management 208; inland fisheries, stock fluctuations 105; international law 106; Japan see Japan; marine fish stocks, fluctuations in 105; Mexico see Mexico; New Zealand see New Zealand; overexploitation see overexploitation of fisheries; private regimes 112; production 104; property rights, definition of 199; property rights, externalities 209; property rights, regimes 108; scale of management 208; South Africa see South Africa; status of fish resources 104

fishing see fisheries

forests: background to 21; biodiversity loss see Sweden; Bolivia see Bolivia; case studies 24, 30; case study comparisons 98; certification 28; community forests and communal property rights 49; comparative overview of governance 102; current study approach 23; deforestation 22; deforestation case studies see Bolivia see Indonesia; domestic law 25; environmental importance 21; global coverage 21; governance 24; Indonesia see Indonesia; international law 24; North America see North America; private regimes 23, 26; problems 21; property rights 23, 25, 30, 31; public regulation 23, 24, 31; riverine (riparian) forest protection see North America; Sweden see Sweden; transition model 22

good governance see environmental governance

government regulation see domestic law

hybrid regulatory regimes: forests 26; property rights 15

indigenous peoples see communal property rights

Indonesia: comparison with other case studies 98, 211; deforestation 31; good governance 32; governance responses to deforestation 47; property rights 33; relation between public and private regulation 33, 42; summary overview 54

information generation and management: case studies comparison 242; concluding observations on 257; fisheries 208

interaction of public and private regulation: background to 1; Bolivia 61; case studies comparison 231; coherence and complementarity of protection standards 260; communal property rights and 102; complementarities between public and private regulation 233; concluding observations on 260; current study approach to 6; differences between public and private regulation 234; government’s role 231; Indonesia 42; influence on regulatory effectiveness of property rights 3, 16; Japan 181; limitations of 95; Mexico 141; New Zealand 170; North America 76; operation of 17; private certification as substitute for public regulation 18, 102; property rights and 16, 18; protection standards, coherence and complementarity of 260; as remedy for overexploitation of fisheries 3, 106, 160, 218, 233, 236, 239; smart interaction, moves towards 260; South Africa 125; standards setting 231; Sweden 88; transaction costs and 80, 148, 179, 251, 261

international law: fisheries 106; forests 24

Japan: comparison with other case studies 220; fishery problems 179; fishery protection 168; good governance 181; property rights 181, 199, 203, 204; relation between public and private regulation 181; response to overfishing 190, 203; summary overview 197

management: information generation and management 208; property management, right of 15; scale of fisheries management 208; scale of resource management 244, 258

market-based property rights see private property rights

Mexico: comparison with other case studies 217; fishery problems 133; fishery protection 139; good governance 134; property rights 134, 199, 201, 204; relation between public and private regulation 134, 141; response to overfishing 148, 201; summary overview 155

multi-layered governance regimes: coordination costs of 100, 242; coordination within 95; forestry 98; interaction between layers 54, 211; uncertainties within 96

national law see domestic law

natural resources: and corresponding property rights, case studies comparison 222; fisheries see fisheries; forests see forests; nature of resource, relevance to current study 253; overexploitation see overexploitation of fisheries; scale of governance 244, 258

New Zealand: comparison with other case studies 219; fishery problems 156; fishery protection 168; good governance 156; property rights 157, 199, 202, 204, 205; relation between public and private regulation 134, 170; response to overfishing 173, 202; summary overview 179

North America: Canada see Canada; comparison with other case studies 100, 214; fisheries see Mexico; good governance 73; Mexico see Mexico; property rights 73; relation between public and private regulation 73, 76; riverine (riparian) forest protection 71, 80; summary overview 82; United States see United States

overexploitation of fisheries: instances of 104, 105, 118, 129, 134, 135, 182, 198, 217, 222; preconditions for prevention of 4; problem of 2; property rights as remedy for 2, 3, 245; public and private regulation as remedy for 3, 106, 160, 218, 233, 236, 239; technological innovation as driver for 16; ‘tragedy of the commons’ see ‘tragedy of the commons’

permits, use of 228

private certification: added value of 92; as extra means of enforcement 256, 261; goals of 88; influence on regulatory effectiveness of property rights 6, 16; information generation and management 96; interaction with public regulation see interaction of public and private regulation; in multi-layered governance regime 54, 211; promotion of sustainable behaviour via 92; role of 259; spread of 260; standards setting by 89, 101; as substitute for public regulation 18, 102; voluntary nature of 51

private property rights: choice to establish 3, 8, 253; combination with public rights 15, 254; communal rights replaced by 13, 103, 236, 237, 254; coordination costs 10, 12; definition of 10; definition of property rights 235; difficulties in establishing 246; effectiveness as regulatory means 76, 80; government regulatory role in relation 258; market in relation 10, 12; operation of 10; private actors as rights holders 241; recognition of 61; shift towards 253; uncertainties over 54, 212

private regulation: Bolivia see Bolivia; case studies comparison 229; certification see private certification; fisheries see fisheries; forests see forests; Indonesia see Indonesia; Japan see Japan; Mexico see Mexico; New Zealand see New Zealand; North America see North America; public regulation in relation see interaction of public and private regulation; South Africa see South Africa; Sweden see Sweden; transaction costs 16

property rights: access right 15; alienation right 15; Bolivia see Bolivia; case study selection 19; choice of 253; communal property rights 13; context specificity as to 262; definition of 235, 255; elements of 14; exclusion right 15; externalities 209, 244, 261; fisheries see fisheries; forests see forests; hybrid nature of 15; Indonesia see Indonesia; institutional arrangements 7; Japan see Japan; management right 15; Mexico see Mexico; New Zealand see New Zealand; North America see North America; preconditions for proper functioning of, case studies comparison 235; private property rights 10; public property rights 11; relation between public and private regulation 16, 18; South Africa see South Africa; Sweden see Sweden; transaction costs, comparison of 16; types of 7, 108; withdrawal right 15

public property rights: adoption of 13; choice to establish 253; combination with private rights 111, 254; coordination costs 11, 12; definition of property rights 235; enforcement under 67; government capacity to enforce 236; government regulatory failures and 16; shift towards 236, 254; state in relation 11, 240; strength of 213

public regulation: Bolivia see Bolivia; case studies comparison 226; concessions, use of 228; fisheries see fisheries; forests see forests; Indonesia see Indonesia; Japan see Japan; Mexico see Mexico; New Zealand see New Zealand; North America see North America; permits, use of 228; private regulation in relation see interaction of public and private regulation; South Africa see South Africa; spatial planning 226; Sweden see Sweden; technical standards, use of 228; transaction costs 190

regulation see environmental governance see hybrid regulatory regimes see private regulation see public regulation

resources see natural resources

riverine (riparian) forest protection see North America

self-governing institutions, property rights of see communal property rights

South Africa: comparison with other case studies 216; fishery problems 118; fishery resources protection 123; good governance 119; property rights 119, 199, 200, 204, 205; relation between public and private regulation 119, 125; response to overfishing 128, 200; summary overview 133

standards: case studies comparison 231; coherence and complementarity of 260; private certification 89, 101; technical standards, use of 228

state regulation see domestic law see environmental governance

state-based property rights see public property rights

Sweden: comparison with other case studies 215; forest biodiversity loss 82; good governance 83; governance of biodiversity protection 95; North America compared 100; property rights 83; relation between public and private regulation 83, 88; summary overview 98

technical standards, use of 228

‘tragedy of the commons’: arising of 2, 7, 198, 222; avoidance of 3; concluding observations on 261; in current study theoretical framework 251; fishery and forestry as examples of 249; overexploitation see overexploitation of fisheries; property rights as remedy for 249

transaction costs: comparison of 16; creation of 8, 235; fisheries 196; and interaction of public and private regulation 80, 148, 179, 251, 261; level of 8, 66, 142; and private regulation 16; and public regulation 190; reduction of 8, 148, 179, 261; types of 8, 9

United States: Bolivian forestry exports to 60; comparison with other case studies 214; enforcement of regulation 81, 256; fishery certification 189; forest certification 28, 41, 81; forest coverage 21, 30, 71; forestry case selection 20, 30; good governance 73; information generation and management 81; interaction of public and private regulation 24, 76, 256; Mexican fishery exports to 145, 147; New Zealand fishery exports to 171; private ownership 254; private regulation 76; property rights 74, 223; public regulation 75, 246; riverine (riparian) forest protection 22, 31, 71; scale of environmental governance 81; summary overview 82; Sweden compared 98

withdrawal of property, right of 15