When we use the market to facilitate the acquisition and
management of environmental water, how much are we giving up to market norms?
Are we redefining the environment in the context of the water market, and if
so, what does that mean?
This tension between the drive to protect the environment,
and the methods we can use to achieve this protection, is emerging as one of
the critical issues for my research. I’m interested in what happens to legal
and policy definitions and perceptions of the natural environment when it is
clothed in a corporate form, given tradeable water assets and the legal and
institutional capacity to operate within the water market and the water supply
systems as just another user. In Australia, our environmental water holders are
using the market to acquire and manage their water portfolios. I think there’s
some evidence that this is changing the way that the environment itself is seen
(and which I’ll explore another time), and it connects broadly to the
behavioural economics research into the way that market norms can overwhelm and
irreversibly replace social norms of interaction.
But is this tension always apparent? Is there a way of
reconceptualising the market so that it operates within a social context? Can
we use the market to strengthen social values around the environment, so that
social norms are actually enhanced as a result of environmental water trading?
I think this may be what is happening in the western USA, where environmental
water trusts require a social relationship with the local community. Unless
other water users can see that there is a win-win, then there is no support for
trading water to the environment. In this context, the activities of the
environmental water trusts are actually enhancing the understanding and support
for environmental protection, in a non-confrontational way.
I’ve been searching for an analytical tool that can help me
to understand the differences I can see in the way that environmental water is
being managed in the US and Australia. On Wednesday, I was lucky enough to meet
with Dr Bettina Lange, a specialist in socio-legal theories of regulation at
the Centre for Socio-Legal Studies at Oxford University.
She shared her insights into the way that markets can be seen as embedded
within a social context. She edited a special issue of the Northern Ireland
Legal Quarterly in 2011, which drew on the work of Karl Polanyi to discuss the
way that capitalism can disembed the market from its social context, and
whether there can be a corresponding ‘counter-movement’ to re-embed the market
within social norms.
Bettina generously helped me to understand this approach,
and the opportunities it offers to understand the shifting relationship between
market norms and social norms. It’s early days, but I feel like this could be a
watershed moment in the development of my thinking.
(And apologies for the pun. It’s just not possible to talk
about water resource management without punning from time to time.)
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