Introduction - Conflicts Over Natural Resources in the Global South - page 4

activity: small-scale gold mining in Surinam, Colombia and Brazil. Realising that state
influence over these activities is frequently marginal and often distorted, and that
parallel arrangements are frequently in place, the authors make use of a legal pluralism
framework. The argument here is that the analysis of the interplay between legal
systems in a given context contributes to knowledge on how conflicts develop over
time. This framework also allows for the development of more appropriate policies
that are relevant to and reflect the realities of the sector. The authors also highlight how
an apparent situation of regulatory void, when analysed in depth, consists of numerous
regulatory frameworks, each with a different degree of formalisation. When staking
their claims over resources, the actors refer strategically to the various frameworks in
view of current contingencies and with the purpose of furthering their own interests.
In chapter 9, Bavinck, Sowman and Menon shift attention from the land to the
sea. They study fishing conflicts in two contrasting geographical regions: South Africa
and South Asia. Although the parties to these conflicts and their historical precedents
differ substantially, the authors argue that they can be analysed in a similar fashion.
This chapter provides a framework for analysing governance processes 'from the bot-
tom up' - that is, starting from the perspective of small-scale fishers. Here again the
legal pluralism perspective provides good service. Over a time period of one hundred
years, the fisheries in both regions have been impacted by the introduction of new
technologies, globalisation and the fragmentation of law. Legal pluralism has compli-
cated the fisheries picture and contributed to the exacerbation of conflict. In fact, 'new'
regulatory regimes introduced by the state have failed to replace customary law, which
maintains significant influence. The authors hold, however, that co-management and
participatory governance provides opportunities for resolving conflicts over fisheries.
The final chapter in the case study section, authored by Timko (chapter 10), dis-
cusses the development of biofuel cropping in Ghana and Ethiopia and the conflicts
that have since arisen. The sustainable livelihoods approach (Scoones 2009) consti-
tutes her main source of inspiration, and the chapter's aim is to develop a framework
by which local people can establish the potential impact of Jatropha cultivation, pro-
duction and usage. Timko discusses three criteria that have been established through
preliminary fieldwork as well as from the literature. The first criterion is whether
local people are consulted and adequately informed about potential biofuel projects
in their vicinity. Secondly, the impact on local landholdings and land use needs to
be minimised. Thirdly, local livelihoods must benefit to the greatest extent possible
from Jatropha cultivation. The author concludes that there is ample scope for reduc-
ing conflicts around Jatropha-related projects in ways that enhance local livelihoods,
including those of women.
1.3 SITUATINGTHE CASES
Reasoned scrutiny (Sen 2009) starts with defining the concepts in question and most
contributors to this volume would probably agree with Bavinck et al.'s (Chapter 9)
minimal definition of conflict as “confrontations between groups or categories of
people'' regarding a resource activity and its management. Conflict in this sense may
be positioned on a continuum ranging from mild tension to outright violence. Usu-
ally, however, the term is reserved for the more serious cases that preclude mutually