The Ius in Re Model to Analyze Users Rights Within Complex Property Regimes: Two Ex Post Applications in South America

This article proposes the application of the Ius in Re model of opower over thingso from the ancient Roman law to analyze property rights and identify users' powers within complex property regimes. We specifically propose that people's independent powers over natural resources should be dissected and independently examined to identify actors and uses inhibiting sustainable management regardless of the prevailing property regime. We employed this model to analyze two cases ex post, in Peru and Ecuador, that evolved from resource degradation to more sustainable management scenarios. Analysis under the light of the Ius in Re model suggests that such outcomes were achieved after users' powers inhibiting sustainable management were identified and adjusted. Both case studies exemplify the practical utility of the Ius in Re analytical model, showing its suitability to identify who had what powers as a critical first step toward sustainable natural resource management.