Dal mito al diritto. Controllo sociale di comunità e gestione delle risorse “collettive”

The orthodoxy of the study of the commons is the trilogy collective resources/ownership/culture. The international legal regulation highlights the assets transformation and the rights qualification which insist on these resources. The social norms maintenance as a rule has to be ensured provided that they are not in contrast with a democratic political system as it is assumed in accordance with the restricted meaning the ILO Convention agrees on: this is a crucial point in countries, such as Argentina and Chile, formerly dominated by totalitarian regimes, because of binational resources and the autonomy of the Mapuche population. Matters originally distinctive of the state police power as mineral resources have been processed through new governance mechanisms into a setting portrayed by the emergence of rights to land and control of natural resources, identity cultural, linguistic and religious and political representation as a condition of participation in decision making.