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This comprehensive Handbook serves as a unique synthesis and
resource for understanding how analytical frameworks developed
within the literature assist in understanding the nature and
management of commons resources. Such frameworks include those
related to Institutional Analysis and Development,
Social-Ecological Systems, and Polycentricity, among others. The
book aggregates and analyses these frameworks to lay a foundation
for exploring how they apply according to scholars across a wide
range of disciplines. It includes an exploration of the unique
problems arising in different disciplines of commons study,
including natural resources (forests, oceans, water, energy,
ecosystems, etc), economics, law, governance, the humanities, and
intellectual property. It shows how the analytical frameworks
discussed early in the book facilitate interdisciplinarity within
commons scholarship. This interdisciplinary approach within the
context of analytical frameworks helps facilitate a more complete
understanding of the similarities and differences faced by commons
resource users and managers, the usefulness of the commons lens as
an analytical tool for studying resource management problems, and
the best mechanisms by which to formulate policies aimed at
addressing such problems. Chapter 26 of this book is freely
available as a downloadable Open Access PDF under a Creative
Commons Attribution-Non Commercial-No Derivatives 3.0 license.
https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138060906_oachapter26.pdf
Constitutions and the Commons looks at a critical but little
examined issue of the degree to which the federal constitution of a
nation contributes toward or limits the ability of the national
government to manage its domestic natural resources. Furthermore it
considers how far the constitution facilitates the binding of
constituent states, provinces or subnational units to honor the
conditions of international environmental treaties. While the main
focus is on the US, there is also detailed coverage of other
nations such as Australia, Brazil, India, and Russia. After
introducing the role of constitutions in establishing the legal
framework for environmental management in federal systems, the
author presents a continuum of constitutionally driven natural
resource management scenarios, from local to national, and then to
global governance. These sections describe how subnational
governance in federal systems may take on the characteristics of a
commons - with all the attendant tragedies - in the absence of
sufficient national constitutional authority. In turn, sufficient
national constitutional authority over natural resources also
allows these nations to more effectively engage in efforts to
manage the global commons, as these nations would be unconstrained
by subnational units of government during international
negotiations. It is thus shown that national governments in federal
systems are at the center of a constitutional 'nested governance
commons,' with lower levels of government potentially acting as
rational herders on the national commons and national governments
potentially acting as rational herders on the global commons.
National governments in federal systems are therefore crucial to
establishing sustainable management of resources across scales. The
book concludes by discussing how federal systems without sufficient
national constitutional authority over resources may be
strengthened by adopting the approach of federal constitutions that
facilitate more robust national level inputs into natural resources
management, facilitating national minimum standards as a form of
"Fail-safe Federalism" that subnational governments may supplement
with discretion to preserve important values of federalism.
Constitutions and the Commons looks at a critical but little
examined issue of the degree to which the federal constitution of a
nation contributes toward or limits the ability of the national
government to manage its domestic natural resources. Furthermore it
considers how far the constitution facilitates the binding of
constituent states, provinces or subnational units to honor the
conditions of international environmental treaties. While the main
focus is on the US, there is also detailed coverage of other
nations such as Australia, Brazil, India, and Russia. After
introducing the role of constitutions in establishing the legal
framework for environmental management in federal systems, the
author presents a continuum of constitutionally driven natural
resource management scenarios, from local to national, and then to
global governance. These sections describe how subnational
governance in federal systems may take on the characteristics of a
commons - with all the attendant tragedies - in the absence of
sufficient national constitutional authority. In turn, sufficient
national constitutional authority over natural resources also
allows these nations to more effectively engage in efforts to
manage the global commons, as these nations would be unconstrained
by subnational units of government during international
negotiations. It is thus shown that national governments in federal
systems are at the center of a constitutional 'nested governance
commons,' with lower levels of government potentially acting as
rational herders on the national commons and national governments
potentially acting as rational herders on the global commons.
National governments in federal systems are therefore crucial to
establishing sustainable management of resources across scales. The
book concludes by discussing how federal systems without sufficient
national constitutional authority over resources may be
strengthened by adopting the approach of federal constitutions that
facilitate more robust national level inputs into natural resources
management, facilitating national minimum standards as a form of
"Fail-safe Federalism" that subnational governments may supplement
with discretion to preserve important values of federalism.
This comprehensive Handbook serves as a unique synthesis and
resource for understanding how analytical frameworks developed
within the literature assist in understanding the nature and
management of commons resources. Such frameworks include those
related to Institutional Analysis and Development,
Social-Ecological Systems, and Polycentricity, among others. The
book aggregates and analyses these frameworks to lay a foundation
for exploring how they apply according to scholars across a wide
range of disciplines. It includes an exploration of the unique
problems arising in different disciplines of commons study,
including natural resources (forests, oceans, water, energy,
ecosystems, etc), economics, law, governance, the humanities, and
intellectual property. It shows how the analytical frameworks
discussed early in the book facilitate interdisciplinarity within
commons scholarship. This interdisciplinary approach within the
context of analytical frameworks helps facilitate a more complete
understanding of the similarities and differences faced by commons
resource users and managers, the usefulness of the commons lens as
an analytical tool for studying resource management problems, and
the best mechanisms by which to formulate policies aimed at
addressing such problems. Chapter 26 of this book is freely
available as a downloadable Open Access PDF under a Creative
Commons Attribution-Non Commercial-No Derivatives 3.0 license.
https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138060906_oachapter26.pdf
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