Understanding fishery conflict in the south (Bavinck, 2005)

6 important questions on Understanding fishery conflict in the south (Bavinck, 2005)

Tuomi-Nikula (1985): the culture ecology of fishing

  • arguing that ‘‘human niches’’ are formed around the capture of different species of fish.
  • Competition ensues if people participate in identical niches and thereby target the same species at the same time.

Distinguish two bundles of property rights in regard to common pool resources.

  • Access rights refer to ‘‘the right to enter a defined physical property.’’
  • Withdrawal rights pertain to ‘‘the right to obtain the ‘products’ of a resource (e.g., catch fish).’’

Two objection to Charles (1992) and Bennett et al. (2001)

  1. Their intentions are to develop universal schemas for understanding conflict
  2. Their choice to organize typologies of conflicts according to the issues of contention and sets of underlying causes, removes people, as social actors, from the centre stage
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Legal pluralism (Vanderlinden, 1972):

‘different legal mechanisms applicable to identical situations.’
  • A legal pluralism approach highlights substantial differences between conflicting parties and the fact that they may disagree about basics, such as what belongs to whom, and why, and who decides.

Elaborate on the general message from the author (Bavinck)

  • Bavinck aim to explaining the clash between small-scale and industrialised fisheries in coastal regions of the South.

What benefits does the legal pluralist perspective have over a conflict of interest approach?

  1. Sensitizes observers and participants to the possibility of substantial rather than marginal differences between the parties involved in a conflict.
  2. A comprehensive perspective that connects natural features with economics, law, management, and political science, and, moreover, puts people at centre stage.

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