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Basic Issues in Management of Common Resources

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Type: Conference Paper
Author: Singh, Chhatrapati
Conference: Inequality and the Commons, the Third Biennial Conference of the International Association for the Study of Common Property
Location: Washington, DC
Conf. Date: September 17-20
Date: 1992
URI: http://hdl.handle.net/10535/8263
Sector: History
Theory
Water Resource & Irrigation
Region:
Subject(s): IASC
property rights--comparative analysis
common pool resources--comparative analysis
water resources--comparative analysis
law--comparative analysis
Abstract: "This paper is a study of the historical evolution of the legal notions and regimes pertaining to water resource management, in the common law tradition (including Roman Law) and in the Hindyu dharmasastras and Islamic law. The various types of property and ownership relations, between user groups, between individuals, or between groups or individuals and the state, are studies so as to distinguish between various meanings of 'property,' 'common,' 'public,' 'private' etc. Such a cross-cultural study is necessary because, prima-facie, it seems that these legal notions have different meanings in different cultural contexts. For example the relationship between 'private' and 'privacy' is different in the Indian and the Western context. Consequently, the manner in which inequities would have to be dealt with are also different in these contexts. The analysis of the laws applying to water are discussed with reference to other common property resources, such as forests and grazing lands, and the historical evolution of the laws applying to these resources, so as to compare and contrast the alternative legal regime that can be applied to water resources and the possible consequences."

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