Autor/es
Descripción
ver mas
Colaborador
Merlinsky, María Gabriela
Materias
Spatial Coverage
Temporal Coverage
2004-2009
Idioma
spa
Extent
356 p.
Derechos
info:eu-repo/semantics/openAccess
Atribución-NoComercial-SinDerivadas 2.0 Genérica (CC BY-NC-ND 2.0)
Formato
application/pdf
Identificador
Cobertura
1001514
Salta (province)
2004-2009
Abstract
In this thesis I describe and analyze the trajectory of an environmental problem across a number of public arenas linked to specific conflict scenarios, and explore the mid-term productivity of the related conflicts in terms of institutional change, territorialization, identity-formation and the structuring of problem definitions. Based on a case-study focusing on the Argentine law Nr. 26331 on the protection of native forests, passed in November 2007, and the native forest land planning scheme of the province of Salta designed in 2008-2009 in compliance with the federal law, my thesis aims to contribute to a better understanding of the dynamics of environmental policy-making in the context of Argentine federalism.
From a theoretical point of view, I combine an approach centered on the discursive construction of a policy problem with an analysis of the dynamics of the associated conflicts. Drawing on the work of authors such as M. Hajer and D. Cefaï, I consider the process leading to the adoption, and to a particular design, of an environmental policy as a discursive struggle around the definition of a public problem. This struggle takes place on a number of public arenas, which have a structuring effect on the discursive activity deployed on each of them. Thus, an important part of my analysis focuses on the different ways in which the policy problem at hand is defined on different arenas, and on the ways in which the structuring effects of these arenas selectively favor certain problem definitions. As a given problem definition allocates responsibilities, identifies victims and suggests possible solutions with a different impact on different actors, it sets the scene for a particular configuration of conflicts, drawing lines of confrontation and opening up possible alliances. But even if actors invest considerable resources in the discursive struggle for the legitimation of certain problem definitions, this dimension does not suffice by itself to account for the outcome of the policy process, because politicians and other officials can adopt decisions not based on any publicly legitimated problem interpretation, albeit at a cost to their own legitimacy. Beside their discursive activity, actors therefore also engage in other action repertoires in order to influence the policy outcome. Thus, both dimensions of the process, the discursive struggle and the dynamics of conflict, must be considered simultaneously.
Turning to my case-study, the national law on the protection of native forests («Ley de Bosques»), due to its widespread impact and to the scale of the public policy involved, is one of the most important examples of the application of the framework set out in article 41 of the reformed Constitution of 1994, which grants national powers the authority to issue «minimum common environmental standards» that the provinces must comply with. The law requires every Argentine province to draw a native forest land planning scheme classifying forests according to their conservation priority; level I (top conservation priority) meaning strict conservation, level II requiring forest conservation under forms of sustainable management and level III authorizing the clearing of the forests for other uses of the soil. It also creates a «forest conservation fund» giving financial incentives both to province administrations and to landowners forced to maintain forest covering on their properties.
The national law was passed in November 2007 after a long and contested legislative process beginning in May 2006, but preceded by a number of conflicts dating back at least to 2004, which brought the question of deforestation to nationwide attention. Salta was one of the first provinces to comply with the national law, by means of a province law (Nr. 7543) passed in December 2008 and two decrees by the governor signed in mid-2009. This process was surrounded by extremely hard disputes.
One of the main results of my thesis consists in the insight that the same problem definition does not necessarily prevail on the national and provincial public arenas, due to important differences in the power relations among actors in both settings and to other structuring effects of the different public arenas. This suggests that any environmental regulation operating within the constitutional framework of «minimum environmental standards» is, at least in principle, bound to be treated in terms of differing assumptions, goals and interests on each level involved, which translates into considerable complexity for the policy-making process.
A second result concerns the democratic legitimation of the policies thus designed. Indeed, I find that very different problem definitions are wielded on different public arenas even at the same level of government. Particularly in Salta the legislative arena does not in any way reflect the discussions present on the arena provided by the «participatory process» organized by the province executive. This disconnection implies that the policy decisions adopted have little discursive legitimation.
Thirdly, I explore the consequences of my analysis for the theory of environmental conflicts. Following authors like A. Azuela and P. Melé who consider environmental conflicts from the viewpoint of their «productivity» or the mid-term transformations they bring about, I argue that one important dimensions of this productivity is the gradual structuring of the conflict scenarios themselves by the results of previous stages of those conflicts, or what could be called the selfstructuring of the conflicts over time.
From a theoretical point of view, I combine an approach centered on the discursive construction of a policy problem with an analysis of the dynamics of the associated conflicts. Drawing on the work of authors such as M. Hajer and D. Cefaï, I consider the process leading to the adoption, and to a particular design, of an environmental policy as a discursive struggle around the definition of a public problem. This struggle takes place on a number of public arenas, which have a structuring effect on the discursive activity deployed on each of them. Thus, an important part of my analysis focuses on the different ways in which the policy problem at hand is defined on different arenas, and on the ways in which the structuring effects of these arenas selectively favor certain problem definitions. As a given problem definition allocates responsibilities, identifies victims and suggests possible solutions with a different impact on different actors, it sets the scene for a particular configuration of conflicts, drawing lines of confrontation and opening up possible alliances. But even if actors invest considerable resources in the discursive struggle for the legitimation of certain problem definitions, this dimension does not suffice by itself to account for the outcome of the policy process, because politicians and other officials can adopt decisions not based on any publicly legitimated problem interpretation, albeit at a cost to their own legitimacy. Beside their discursive activity, actors therefore also engage in other action repertoires in order to influence the policy outcome. Thus, both dimensions of the process, the discursive struggle and the dynamics of conflict, must be considered simultaneously.
Turning to my case-study, the national law on the protection of native forests («Ley de Bosques»), due to its widespread impact and to the scale of the public policy involved, is one of the most important examples of the application of the framework set out in article 41 of the reformed Constitution of 1994, which grants national powers the authority to issue «minimum common environmental standards» that the provinces must comply with. The law requires every Argentine province to draw a native forest land planning scheme classifying forests according to their conservation priority; level I (top conservation priority) meaning strict conservation, level II requiring forest conservation under forms of sustainable management and level III authorizing the clearing of the forests for other uses of the soil. It also creates a «forest conservation fund» giving financial incentives both to province administrations and to landowners forced to maintain forest covering on their properties.
The national law was passed in November 2007 after a long and contested legislative process beginning in May 2006, but preceded by a number of conflicts dating back at least to 2004, which brought the question of deforestation to nationwide attention. Salta was one of the first provinces to comply with the national law, by means of a province law (Nr. 7543) passed in December 2008 and two decrees by the governor signed in mid-2009. This process was surrounded by extremely hard disputes.
One of the main results of my thesis consists in the insight that the same problem definition does not necessarily prevail on the national and provincial public arenas, due to important differences in the power relations among actors in both settings and to other structuring effects of the different public arenas. This suggests that any environmental regulation operating within the constitutional framework of «minimum environmental standards» is, at least in principle, bound to be treated in terms of differing assumptions, goals and interests on each level involved, which translates into considerable complexity for the policy-making process.
A second result concerns the democratic legitimation of the policies thus designed. Indeed, I find that very different problem definitions are wielded on different public arenas even at the same level of government. Particularly in Salta the legislative arena does not in any way reflect the discussions present on the arena provided by the «participatory process» organized by the province executive. This disconnection implies that the policy decisions adopted have little discursive legitimation.
Thirdly, I explore the consequences of my analysis for the theory of environmental conflicts. Following authors like A. Azuela and P. Melé who consider environmental conflicts from the viewpoint of their «productivity» or the mid-term transformations they bring about, I argue that one important dimensions of this productivity is the gradual structuring of the conflict scenarios themselves by the results of previous stages of those conflicts, or what could be called the selfstructuring of the conflicts over time.
Título obtenido
Doctor de la Universidad de Buenos Aires en Ciencias Sociales
Institución otorgante
Universidad de Buenos Aires. Facultad de Ciencias Sociales