COASTAL DEVELOPMENT IN KARNATAKA SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES 14 DECEMBER 2015 | INTERNATIONAL CONFERENCE OF THE COMMISSION ON LEGAL PLURALISM ADAM JADHAV PANCHABHUTA CONSERVATION FOUNDATION
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 SETTING THE SCENE(S)
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 SETTING THE SCENE(S)
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 SETTING THE SCENE(S)
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 SETTING THE SCENE(S)
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 EXTERNAL OPTICS “Development of ports and harbour contribute substantially to the successful economic development of the country by way of reducing dependence on air transportation and providing many others associated economic benefits … “This will set an example of development in harmony with the nature for the socio-economic development not only for the region but also for the whole Karnataka State and the Country.” — Environmental Impact Assessment for Tadri Port August 2014
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 EXTERNAL OPTICS “We’re not doing this for the local people. We’re doing it for the foreigners who are going to come and pay us trillions of F^&#@ing rupees.” — R., a Mumbai gemstone trader looking for tourist investment January 2015
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 EXTERNAL OPTICS “These people, they can’t do anything like this. They need to be taught. If you don’t teach them, they’ll spend their money on alcohol. I can come here and bring some economic development, and of course everyone can get rich.” — G., new aquaculture investor September 2015
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 EXTERNAL OPTICS “This is one large interconnected ecosystem. We say that the river has rights to the land.” — P., veteran ecologist in the estuary November 2015
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 OVERVIEW OF THE PAPER REVIEW OF THE COASTAL DEVELOPMENT PROBLEMATIQUE • TWIN INTELLECTUAL FRAMEWORKS: CRITIQUE OF • NEOLIBERALISM AND THE LEGAL PLURAL PERSPECTIVE METHODS —INTERVIEWS, PARTICIPANT OBSERVATION, POLICY/ • DOCUMENT REVIEWS, ABBREVIATED CASE STUDIES CASE 1 — INDUSTRIAL SHIPPING PORT (PROPOSED) • CASE 2 — BEACH-BASED TOURISM (ONGOING) • CASE 3 — AQUACULTURE / MARICULTURE (PERIODIC / NASCENT) • CONCLUSIONS / IMPLICATIONS •
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 MY SUBJECT POSITION WORKING AS A JOURNALIST , TEACHER, VOLUNTEER, STUDENT • AND RESEARCHER IN INDIA MOSTLY SINCE 2009 ACADEMICALLY , METHODOLOGICALLY MIXED • PRESENTLY INVOLVED IN A VARIETY OF WORK FOR NGOS — • QUALITATIVE AND QUANTITATIVE RESEARCH, DEVELOPMENT ADVOCACY GENERALLY INTERESTED IN POLITICAL ECOLOGY OF FISHERIES, • NATURAL RESOURCE USE/ABUSE. INCREASINGLY THINKING ABOUT MIGRATION, URBANIZATION AND “DEVELOPMENT .”
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 METHODS AND ACKNOWLEDGEMENTS RESEARCH A MIX OF QUALITATIVE INTERVIEWS, PARTICIPANT • OBSERVATION, NGO ACTIVISM / DEVELOPMENT WORK, POLICY ANALYSIS AND LITERATURE / DOCUMENT REVIEWS RAMACHANDRA BHATTA, COLLABORATOR, IS A SENIOR FISHERIES • ECONOMIST WITH LONG-TERM INTERESTS IN COASTAL ISSUES IN KARNATAKA ACKNOWLEDGEMENTS TO VIDYA DINKER, BHARATH KUMAR, V • RAJALINGAM AND OTHERS THIS IS CONNECTED TO OTHER ONGOING WORK ON ESTUARY • CONSERVATION SUPPORTED BY WWF-INDIA AND THE DIGITALGLOBE FOUNDATION
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 QUICK BIT OF THEORY: NEOLIBERALISM OPERATING FROM HARVEY’S ASSESSMENT OF NEOLIBERALISM • AND THE NEOLIBERAL STATE (2005) PRIVATIZATION AND REALLOCATION OF RESOURCES THAT • ULTIMATELY SUPPORTS RESTORATION OR MAINTENANCE OF CLASS POWER DOUBLING DOWN ON NEOCLASSICAL MODEL WITH EMPHASIS ON • EXPORT , TRADE, INDIVIDUAL ENTERPRISE, CAPITALIST OWNERSHIP , CONVERSION TO LABOR, STATE RETREAT FROM GOVERNANCE, ETC. NEOLIBERAL STATE IS ONE THAT ENABLES, PROTECTS AND • PROMOTES THIS PROCESS THROUGH CONSPICUOUS ABSENCE AND DOUBLE MOVEMENT (CF POLANYI)
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 QUICK BIT OF THEORY: NEOLIBERALISM THE INDIAN STATE SINCE THE 1980S HAS ESSENTIALLY • FOLLOWED THE NEOLIBERAL TURN; LIBERALIZATION AND STRUCTURAL ADJUSTMENT IN 1991 INTENSIFIED THIS WELL-DOCUMENTED IN EXAMINATIONS OF THE STATE, • COMMUNITIES, CAPITALISM (CHIBBER, CHARI, GIDWANI) SOME LITERATURE SPECIFICALLY HIGHLIGHT NEOLIBERAL • TRANSFORMATIONS (E.G. LE MONS WALKER, KESHARI DAS, KURIEN) SOME NOTE TRANSITIONS IN COASTAL SPACES THAT SOUND A • LOT LIKE NEOLIBERALISM (E.G. KUNDU/SAHU, KUMAR ET AL) ANY GIVEN ISSUE OF EPW SHOULD CONFIRM THIS •
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 QUICK BIT OF THEORY: LEGAL PLURALISM LEGAL PLURALISM: A SITUATION WHERE DIFFERENT • (COMPETITIVE?) NORMATIVE SYSTEMS OR LEGAL ORDERS EXTENDING TO THE SAME SPACES, ACTORS, SITUATIONS (BENDA- BECKMANN 2002, BERMAN 2014) LEGAL PLURALISM NOT A DICHOTOMOUS CONDITION BUT RATHER • AN ARRAY OF VARYING NORMATIVE OR LEGAL ORDERS WITH A MULTIPLE FEATURES/CHARACTERISTICS SITUATED ON CONTINUA. (BENDA-BECKMANN 2002) ANY SITUATION/ACTOR/OBJECT COULD BE A SUBJECT OF A • VARIABLE AND EVEN HIERARCHICAL SET OF SOCIAL LAW/NORMS, MORALS/ETHICS, STATE LAW (INCLUDING PLURALISM WITHIN THE STATE), AND INTERNATIONAL “LAW.” (MENSKI)
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 QUICK BIT OF THEORY: LEGAL PLURALISM IN INDIAN COASTS / FISHERIES, MAARTEN BAVINCK’S WORK IN • TAMIL NADU AND ON THE CORAMANDEL COAST STANDS OUT KERALA’S KADAKKODI (“SEA COURT”) SYSTEM (PAUL, KURIEN) • MOGAVEERA COMMUNITY COUNCILS AND SOCIAL CAPITAL • SYSTEMS (SOME OF MY OWN EXPLORATION) INTRICATE CPR AND COOPERATIVE RESOURCE MANAGEMENT • SYSTEMS THAT LOOK LIKE LEGAL PLURALISM DATE FROM HISTORY TO CONTEMPORARY IN INDIA AS ELSEWHERE (JODHA, WADE, MENON/VADIVELU)
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 GEOGRAPHY
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 SHIPPING PORT IN SHALLOW ESTUARY
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 SHIPPING PORT IN SHALLOW ESTUARY
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 SHIPPING PORT IN SHALLOW ESTUARY
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 SHIPPING PORT IN SHALLOW ESTUARY
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 SHIPPING PORT IN SHALLOW ESTUARY GOVERNMENT ACQUIRED FARMLAND AND TRADITIONAL FISHING • GROUNDS IN 1970S FOR INDUSTRIAL DEVELOPMENT LOCAL COMMUNITIES HAVE REJECTED CAUSTIC SODA FACTORY , • COAL POWER PLANTS, MULTIPLE PLANS FOR PORTS LATEST PROJECT WOULD CREATE A MAJOR PORT , DREDGING • ESTUARY DEPTH FROM 1-2M DOWN TO 16-18M LOCAL COMMUNITIES MIXED, PROJECT JUSTIFIED BY STATE AND • SUPPORTERS IN THE NAME OF DEVELOPMENT INTENDED FOR IMPORT / EXPORT OF STEEL AND COAL, PROMOTED • BY STATE, BUILT BY PRIVATE INVESTORS
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 SHIPPING PORT IN SHALLOW ESTUARY ENVIRONMENTAL IMPACT ASSESSMENT BLATANTLY FLAWED, • SHODDY , RIGGED, MORONIC, ETC. IF AUTHORS ARE IN THIS ROOM, I HAVE MORE THINGS TO SAY . GOVERNMENT CLAIMS LAND IS BARREN OR UNUSED; REALITY IS • THAT EVEN ACQUIRED LAND HAS BECOME SUBMERGED AND HAS REVERTED TO FISHING COMMONS PORT WOULD CREATE MASSIVE DISPLACEMENT AND • DISPOSSESSION IN ESTUARY AMONG A COMMONS-DEPENDENT POPULATION ESTIMATED AT MORE THAN 20,000 OVERRIDING ‘DEVELOPMENT’ MOTIVE, SAGAR MALA, NATIONAL • POLITICS
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 SHIPPING PORT IN SHALLOW ESTUARY STATE OWNS ESTUARY AS PART OF PUBLIC TRUST OF RESOURCES • (DIVAN AND ROSENCRANZ) WHICH IS DIFFERENT FROM COMMUNITY IDEA OF BOTH COMMON • POOL AND COMMON PROPERTY — THAT THE ESTUARY IS “THEIRS” BY RIGHTS (AT MINIMUM TENURE IF NOT OWNERSHIP) TENSION BETWEEN OWNERSHIP AND USE; CLEARLY NEOLIBERAL • PUSH TO PRIVATIZE A COMMON RESOURCE NEOLIBERAL PARADIGM: MANAGEMENT OF POLLUTION, GOOD • NEIGHBOR AND POLLUTER PAYS VAGUE ON COMPENSATION FOR LOST USE VALUE; CLEAR ON • EXCLUSION / SYNOPTIC REDUCTION OF USERS / USES
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 BEACH TOURISM
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 BEACH TOURISM
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 BEACH TOURISM
SEEING NEOLIBERALISM THROUGH LEGAL PLURAL EYES | 14-DEC-15 BEACH TOURISM GOKARNA SHOWS ONE OPTION, EXTENSION OF HOLIDAY CIRCUIT • IN GOA MANGALORE IS THE OTHER OPTION WITH PANAMBUR BEACH, A • PRIVATIZED “ENTERTAINMENT ZONE” CROWDING OUT COMMUNITY PRACTICES EMPHASIS ON FINDING NEWEST , LAST BEST PLACES (BOTH FROM • GOVERNMENT AND PRIVATE INVESTORS) INVESTORS ARE COMING; COASTAL LAND GRAB IS REALITY • NEOLIBERAL IN THE WAYS THAT IT FINANCIALIZES AND • PRIVATIZES; ALSO FOCUSED ON EXPORTING PARADISE
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