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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Conflict, Negotiations and Natural Resource Management: A legal pluralism perspective from India

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Edited by: Maarten Bavinck, Amalendu Jyotishi

ISBN13: 9781138225985
Published: August 2016
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £38.99

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Conflicts over natural resources abound in India, where much of the population is dependent on these resources for their livelihoods. Issues of governance and management are complicated by the competing claims of parallel legal systems, including state, customary, religious, project and local laws.

Whereas much has been written about property rights, this unique collection takes a legal anthropological perspective to explore how the coexistence and interaction between multiple legal orders provide bases for claiming property rights. It examines how hybrid legal institutions have developed over time in India and how these impact on justice in the governance and distribution of natural resources. The book brings together original case studies that offer fresh perspectives on the governance of forests, water, fisheries and agricultural land in a diverse range of social and spatial contexts.

This brand new research provides a timely and persuasive overview of the fundamental role of parallel legal systems in shaping how people manage natural resources. It will be of interest to scholars and practitioners of environmental law, property law, environmental politics, anthropology, sociology and geography.

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Other Jurisdictions , India
1. Introduction: The Legal Pluralism Perspective Maarten Bavinck and Amalendu Jyotishi
2. Law-breakers and Law-makers: Critical Legal Pluralism, Normative Subjects and Ecological Regimes in India D. Parthasarathy
3. The Godavarman Judgment: Erasing the Plurality of Land Use in Gudalur, Nilgiris Ajit Menon
4. Unearthing the Roots of Statutory Forest Law: Iron Smelting and the State in Pre- and Early Colonial India Sashi Sivramkrishna and Amalendu Jyotishi
5. Land, Law and Resistance: Legal Pluralism and Tribal Conflicts over Land Alienation in Odisha Satyapriya Rout
6. Community Rights and Statutory Laws: Politics of Forest in Uttarakhand, Himalayas Pampa Mukherjee
7. Handling Fishery Conflicts in the Context of Legal Pluralism - A Case-Study Analysis of Street-Level Bureaucracy in Tamil Nadu, India Maarten Bavinck
8. A Political Ecology of Legal Plural Disconnection in the Marine Fishery of Junagadh District, Gujarat, India Derek Johnson
9. Institutional Pluralism, Multilevel Arrangements and Polycentrism: The Case of Chilika Lagoon, India Prateep Kumar Nayak
10. Legal Pluralism and the Governability of Fisheries and Coastal Systems in the World - A Conceptual Enquiry Svein Jentoft