Crafting an adaptive legal regime for grassland protection in Mongolia: a property rights perspective

This article analyzes the newly introduced legal framework for communal grassland use and protection in Mongolia. It identifies several shortcomings in the newly introduced legal regime that could hinder the effective promotion of sustainable use and conservation. The article proposes reforms to the grassland use rights system, suggesting the incorporation of property rights attributes by extending the bundle of rights, making them tradable in alignment with both theoretical perspectives and empirical trends. ­Exclusive grassland rights are proposed for overused/degraded/rehabilitated areas, while non-­exclusive rights are suggested for underused areas, with an emphasis on the role of law in managing the transition between overuse/degraded and underuse/rehabilitated. For effective implementation, the article recommends a nationwide, simultaneous rollout to prevent marginalization and fragmentation. While grassland protection and degradation have traditionally been under state control, management is now transitioning to herder communities. This article calls for a new regulatory approach by the state and proposes an innovative, holistic, and adaptive legal and institutional framework that is dynamic and flexible, capable of meeting the diverse socio-economic and ecological contexts across the country.