The mandate of “heaven”: How forestland property rights were undermined under the Chinese discourse of Ecological Civilization

Abstract

The relationship between upholding forestland property rights and achieving environmental conservation is not always straightforward. Occasionally, property rights can be undermined in the pursuit of environmental conservation. This article adopts the concept of “rule of mandates” to explain how a Chinese reform of property rights over forestland, namely the Collective Forest Tenure Reform (CFTR) initiated in 2003, was subsequently undermined under the discourse of Ecological Civilization. In doing so, the article updates the framework for analysing policy implementation under the rule of mandates. Unlike the rule of law, the rule of mandates enables a government to assign a set of mandates that are ambiguous, contradictory, and with hierarchical priorities. Under the top-down authoritarian hierarchy, lower-level governments are obliged to implement the high-priority mandates of higher-level government. Tracing the forest governance dynamics of two counties in Fujian province from 2010 to 2019, the case study reveals that, in the early 2010s, the central government prioritized environmental conservation over forestland property rights under the discourse of Ecological Civilization. At local levels, this manifested in undermining property rights through restricted timber harvest levels for the sake of environmental conservation. Unlike policy implementation under the rule of law, restrictions on timber harvest were implemented by direct government mandates. This analysis points to the vulnerability of property rights under the rule of mandates. In a developing country context characterized by pressing environmental concerns and a dysfunctional rule of law, this study demonstrates the challenges of prioritizing environmental conservation over legal tenure.