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Kurt Laitner

Asia Times Online :: Nondominium - the Caspian solution - 0 views

www.atimes.com/...MI24Dj01.html

nondominium caspian sea Chris Cook description

shared by Kurt Laitner on 20 Jan 14 - No Cached
  • A Caspian partnership The proposal is that the littoral states should form a Caspian Foundation legal entity, and commit to that entity all existing rights in respect of the use, and the fruits of use (usufruct), of the Caspian Sea, and everything on it, in it, or under it. The Caspian Foundation would act as custodian or steward and the nations would have agreed governance rights of veto. This negative or passive veto right of stewardship is very different from conventional property rights of absolute ownership and temporary use under condominium. Moreover, it does not have the active power of control held under common law by a trustee on behalf of beneficiaries, and the legal complexities and management conflicts which go with it. The Caspian Foundation would be a subscriber to a Caspian Partnership framework agreement between the nations, investors of money or money's worth, and a consortium of service providers. This Caspian Partnership would not be yet another international organization, with everything that goes with that. It would not own anything, employ anyone or contract with anyone: it would simply be an associative framework agreement within which Caspian nations self-organize to the common purpose of the sustainable development of the Caspian Sea.
  • Nondominium - the Caspian solution By Chris Cook Twenty-first century problems cannot be solved with 20th century solutions. Nowhere is that saying so true as in territorial disputes where oil and gas are involved. The riches of the Caspian Sea have been the subject of dispute for years, and relatively simple - but still intractable - binary issues between Iran and Russia are now multiplied by the conflicting claims of what are now five littoral Caspian nations: Azerbaijan, Iran; Kazakhstan; Russia and Turkmenistan. Their claims relate not just to rights on the Caspian Sea surface, but to rights in the sea, and above all to the rights to the treasures that lie under it. There are two 20th century legal approaches: international law //ad information var tf_adModel = "FEV"; var tf_adType = "InBannerVideo"; var tf_commonLocation = "http://cdnx.tribalfusion.com/media/common/expand/"; //leave this variable as it is var tf_cookieFlash = "http://cdnx.tribalfusion.com/media/common/TFSObj_v2s"; var tf_isExpansionHandle = true; var tf_floatAdScriptPath = "http://cdnx.tribalfusion.com/media/common/floating/TF_FloatAdLibrary.js"; var tf_zoomFlash = "http://cdnx.tribalfusion.com/media/common/floating/TFScale_v1"; var tf_banner = { "flag" : "inBanner", "width" : 300, "height" : 250, "widthExpanded" : 600, "heightExpanded" : 450, "widthFloating" : 950, "heightFloating" : 570, "iWin" : [ ], "flashFile" : "http://cdnx.tribalfusion.com/media/4523336/Glow_Banner_Square_Template_V201", extraFlashVars:"tf_showPanelonLoad=true&tf_phase2=false", "video_expand" : "http://cdnx.tribalfusion.com/media/4523336/video.flv", "imageFile" : 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  • A Caspian partnership The proposal is that the littoral states should form a Caspian Foundation legal entity, and commit to that entity all existing rights in respect of the use, and the fruits of use (usufruct), of the Caspian Sea, and everything on it, in it, or under it. The Caspian Foundation would act as custodian or steward and the nations would have agreed governance rights of veto. This negative or passive veto right of stewardship is very different from conventional property rights of absolute ownership and temporary use under condominium. Moreover, it does not have the active power of control held under common law by a trustee on behalf of beneficiaries, and the legal complexities and management conflicts which go with it. The Caspian Foundation would be a subscriber to a Caspian Partnership framework agreement between the nations, investors of money or money's worth, and a consortium of service providers. This Caspian Partnership would not be yet another international organization, with everything that goes with that. It would not own anything, employ anyone or contract with anyone: it would simply be an associative framework agreement within which Caspian nations self-organize to the common purpose of the sustainable development of the Caspian Sea.
  • ...1 more annotation...
  • A Caspian partnership The proposal is that the littoral states should form a Caspian Foundation legal entity, and commit to that entity all existing rights in respect of the use, and the fruits of use (usufruct), of the Caspian Sea, and everything on it, in it, or under it. The Caspian Foundation would act as custodian or steward and the nations would have agreed governance rights of veto. This negative or passive veto right of stewardship is very different from conventional property rights of absolute ownership and temporary use under condominium. Moreover, it does not have the active power of control held under common law by a trustee on behalf of beneficiaries, and the legal complexities and management conflicts which go with it. The Caspian Foundation would be a subscriber to a Caspian Partnership framework agreement between the nations, investors of money or money's worth, and a consortium of service providers. This Caspian Partnership would not be yet another international organization, with everything that goes with that. It would not own anything, employ anyone or contract with anyone: it would simply be an associative framework agreement within which Caspian nations self-organize to the common purpose of the sustainable development of the Caspian Sea.
Tiberius Brastaviceanu

Partner State - P2P Foundation - 0 views

p2pfoundation.net/Partner_State

partner state blockchainaccess_project paper

shared by Tiberius Brastaviceanu on 30 May 16 - No Cached
    • Tiberius Brastaviceanu
      Tiberius Brastaviceanu on 30 May 16
       
      we call this a custodian
    • Tiberius Brastaviceanu
      Tiberius Brastaviceanu on 30 May 16
       
      we call this a custodian
  • So here we have it, the new triarchy: - The state, with its public property and representative mechanisms of governance (in the best scenario) - The private sector, with the corporation and private property - The commons, with the Trust (or the for-benefit association), and which is the ‘property’ of all its members (not the right word in the context of the commons, since it has a different philosophy of ownership)
    • Tiberius Brastaviceanu
      Tiberius Brastaviceanu on 30 May 16
       
      so where is direct democracy in all this?
  • ...39 more annotations...
  • In a first phase, the commons simply emerges as an added alternative.
  • becoming a subsector of society, and starts influencing the whole
  • phase transition and transformation will need to occur.
  • how a commons-dominated, i.e. after the phase transition, society would look like.
  • At its core would be a collection of commons, represented by trusts and for-benefit associations, which protect their common assets for the benefit of present and future generations
  • The commons ‘rents out’ the use of its resources to entrepreneurs. In other words, business still exists, though infinite growth-based capitalism does not.
  • More likely is that the corporate forms will be influenced by the commons and that profit will be subsumed to other goals, that are congruent with the maintenance of the commons.
  • The state will still exist, but will have a radically different nature
  • Much of its functions will have been taken over by commons institutions, but since these institutions care primarily about their commons, and not the general common good, we will still need public authorities that are the guarantor of the system as a whole, and can regulate the various commons, and protect the commoners against possible abuses. So in our scenario, the state does not disappear, but is transformed, though it may greatly diminish in scope, and with its remaining functions thoroughly democratized and based on citizen participation.
  • In our vision, it is civil-society based peer production, through the Commons, which is the guarantor of value creation by the private sector, and the role of the state, as Partner State, is to enable and empower the creation of common value. The new peer to peer state then, though some may see that as a contradictio in terminis, is a state which is subsumed under the Commons, just as it is now under the private sector. Such a peer to peer state, if we are correct, will have a much more modest role than the state under a classic state society, with many of its functions taken over by civil society associations, interlinked in processes of global governance. The above then, this triarchy, is the institutional core which replaces the dual private-public binary system that is characteristic of the capitalist system that is presently the dominant format.
  • fundamental mission is to empower direct social-value creation, and to focus on the protection of the Commons sphere as well as on the promotion of sustainable models of entrepreneurship and participatory politics
  • the state becomes a 'partner state' and enables autonomous social production.
  • the state does exist, and I believe that we can’t just imagine that we live in a future state-less society
  • retreating from the binary state/privatization dilemma to the triarchical choice of an optimal mix amongst government regulation, private-market freedom and autonomous civil-society projects
  • the role of the state
  • “the peer production of common value requires civic wealth and strong civic institutions.
  • trigger the production/construction of new commons by - (co-) management of complexe resource systems which are not limited to local boundaries or specific communities (as manager and partner) - survey of rules (chartas) to care for the commons (mediator or judge) - kicking of or providing incentives for commoners governing their commons - here the point is to design intelligent rules which automatically protect the commons, like the GPL does (facilitator)"
  • the emergence of the digital commons. It is the experience of creating knowledge, culture, software and design commons, by a combination of voluntary contributions, entrepreneurial coalitions and infrastructure-protecting for-benefit associations, that has most tangibly re-introduced the idea of commons, for all to use without discrimination, and where all can contribute. It has drastically reduced the production, distribution, transaction and coordination costs for the immaterial value that is at the core also of all what we produce physically, since that needs to be made, needs to be designed. It has re-introduced communing as a mainstream experience for at least one billion internet users, and has come with proven benefits and robustness that has outcompeted and outcooperated its private rivals. It also of course offers new ways to re-imagine, create and protect physical commons.
  • stop enclosures
  • peer to peer, i.e. the ability to freely associate with others around the creation of common value
  • communal shareholding, i.e. the non-reciprocal exchange of an individual with a totality. It is totality that we call the commons.
  • It is customary to divide society into three sectors, and what we want to show is how the new peer to peer dynamic unleashed by networked infrastructures, changes the inter-relationship between these three sectors.
  • In the current ‘cognitive capitalist’ system, it is the private sector consisting of enterprises and businesses which is the primary factor, and it is engaged in competitive capital accumulation. The state is entrusted with the protection of this process. Though civil society, through the citizen, is in theory ‘sovereign’, and chooses the state; in practice, both civil society and the state are under the domination of the private sector.
  • it fulfills three contradictory functions
  • Of course, this is not to say that the state is a mere tool of private business.
  • protect the whole system, under the domination of private business
  • protector of civil society, depending on the balance of power and achievements of social movements
  • protector of its own independent interests
  • Under fascism, the state achieves great independence from the private sector , which may become subservient to the state. Under the welfare state, the state becomes a protector of the social balance of power and manages the achievements of the social movement; and finally, under the neoliberal corporate welfare state, or ‘market state’, it serves most directly the interests of the financial sector.
  • key institutions and forms of property.
  • The state managed a public sector, under its own property.
  • The private sector , under a regime of private ownership, is geared to profit, discounts social and natural externalities, both positive and negative, and uses its dominance in society to use and dominate the state.
  • civil society has a relative power as well, through its capability of creating social movements and associations
  • Capitalism has historically been a pendulum between the private and the public sector
  • However, this configuration is changing,
  • the endangerment of the biosphere through the workings of ‘selfish’ market players; the second is the role of the new digital commons.
  • participatory politics
  • Peer production gives us an advance picture of how a commons-oriented society would look like. At its core is a commons and a community contributing to it, either voluntarily, or as paid entrepreneurial employees. It does this through collaborative platforms using open standards. Around the commons emerges enterprises that create added value to operate on the marketplace, but also help the maintenance and the expansion of the commons they rely on. A third partner are the for-benefit associations that maintain the infrastructure of cooperation. Public authorities could play a role if they wanted to support existing commons or the creation of new commons, for the value they bring to society.
  • if a commons is not created as in the case of the digital commons, it is something that is inherited from nature or former generations, given in trust and usufruct, so that it can be transmitted to our descendents. The proper institution for such commons is therefore the trust, which is a corporate form that cannot touch its principal capital, but has to maintain it.
Kurt Laitner

Using Nondominion to Evolve from Local to Global Commons - P2P Foundation - 0 views

p2pfoundation.net/e_from_Local_to_Global_Commons

nondominium p2pfoundation *chriscook *markfrazier *elenorostrom *valnoraleister

shared by Kurt Laitner on 20 Jan 14 - No Cached
  • 5 “As” (Architecture, Adaptiveness, Accountability, Allocation and Access) in the governance of the global commons for the benefit of humanity."
  • the new framework focuses on veto rights – rather than recognized ownership claims
  • mutual benefit.
  • ...15 more annotations...
  • an association of beneficiaries.
  • A trustee (custodian) for the CHM would be elected by the representatives
  • to oversee the legal operation of a collective entity
  • The representatives would also appoint a Manager, for a parallel partnership venture, to identify opportunities to develop the common pool resource in accord with a transparent revenue-sharing formula
  • Each representative would have power to exercise a veto with regard to the resource development proposal(s) circulated by the manager.
  • Once an agreed formula (non-vetoed by the countries) emerged for recognizing needed inputs, and for overall revenue-sharing, the manager of the nondominium partnership would arrange open tenders to seek economic partners to maximize the value of the common pool resources.
  • Revenues from ensuing activities would be distributed to the association members on the originally-agreed basis
  • Oversight of compliance would rest with the nondominium’s trustee
  • Ostrom’s key principles of successful collective choice agreements and monitoring by independent auditors.
  • Moreover, it does not confer the active power of control held under common law by a Trustee on behalf of beneficiaries,
  • the proposed negative or passive veto right of stewardship differs fundamentally from conventional property rights of absolute ownership and temporary use under Condominium
  • The Caspian Partnership agreement would comprise a master framework agreement within which a myriad of associative agreements between the Caspian littoral nations individually or severally would be registered.”
  • encourage Ostrom’s user association-based systems of economic governance
  • "Areas recognized as being the heritage of mankind are defined by treaties as falling outside of nation-state jurisdiction and ownership, and are to be instead developed on a basis that benefits all human beings
  • the combination of Elinor Ostrom’s economic governance strategies with nondominium legal structures can lead to a new basis for common pool resources to be developed on a basis benefiting all of humanity.
Tiberius Brastaviceanu

Rent payment record and Receipt for rent - Google Sheets - 1 views

docs.google.com/...edit

custodian

shared by Tiberius Brastaviceanu on 14 Oct 14 - No Cached
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