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Ecological Economics 131 (2017) 312–321

Contents lists available at ScienceDirect

Ecological Economics

journal homepage: www.elsevier.com/locate/ecolecon

Local rulemaking, enforcement and compliance in state-owned


forest commons
Graham Epstein
The Vincent and Elinor Ostrom Workshop in Political Theory and Policy Analysis, 513 North Park Ave., Bloomington, IN 47408, USA
Environmental Change and Governance Group, School of Environment, Resources and Sustainability, University of Waterloo, 200 University Avenue West, Waterloo, ON N2L 3G1, Canada

a r t i c l e i n f o a b s t r a c t

Article history: The literature on rule compliance is divided between those urging greater autonomy for stakeholders in
Received 6 January 2016 rulemaking processes; and those arguing for increased enforcement. However recent experimental evidence
Received in revised form 9 September 2016 highlights the potential for synergies between participatory rulemaking and enforcement. This paper therefore
Accepted 12 September 2016
seeks to build upon these findings to explore the relationship between local rulemaking, local monitoring and
Available online 28 September 2016
compliance in field settings. The results which draw upon data about the behavior of 93 fuelwood user groups
Keywords:
in state-owned forest commons in Asia, Africa and Latin America suggest that the average group is more likely
Rule compliance to comply with rules when local rulemaking is combined with local monitoring. However, in some contexts it ap-
Forest commons pears that local rulemaking in particular and other institutional arrangements in general may yield similar
Intrinsic motivation results.
Participation © 2016 Elsevier B.V. All rights reserved.
Monitoring
Enforcement

1. Introduction interventions such as enforcement (Frey, 1997; Ryan and Deci, 2000;
Bowles, 2008).
Rule compliance is an important, if not essential, condition for the sus- A recent experimental study however contradicted predictions re-
tainable governance of social-ecological systems (SESs) (Young, 1979; garding the superiority of either participatory rulemaking or enforcement
Zaelke et al., 2005). Indeed illegal harvesting of natural resources is by using a factorial design to highlight the synergistic effects of the two
often identified as a leading cause of environmental degradation approaches (DeCaro et al., 2015). Indeed, groups subject to a combined
(Contreras-Hermosilla, 2002; World Bank, 2004; Fromentin and Powers, voting and enforcement treatment exhibited lower rates of resource de-
2005; Agnew et al., 2009); and thus a better understanding of the ways pletion, higher average individual returns and higher levels of compliance
in which policies might be designed to encourage compliance is needed than groups who were subject to voting or enforcement alone. Therefore
to confront the mounting environmental problems that human societies this study seeks to build upon these findings by considering the relation-
face. Fortunately by synthesizing empirical studies of rule compliance ship between local rulemaking, local monitoring and compliance in the
(Kuperan and Sutinen, 1999; Nielsen, 2003; Ramcilovic-Suominen context of fuelwood appropriation in state-owned forest commons
and Epstein, 2012) and common-pool resource (CPR) management using data collected as part of the International Forestry Resources and In-
(Ostrom, 1990; Cox et al., 2010) scholars have identified a number of in- stitutions (IFRI) program (Wertime et al., 2007). The results suggest that
stitutional conditions that appear to contribute to compliance and cooper- user groups are most likely to exhibit high levels of compliance with rules
ation. Most notably a number of studies suggest that prospects for for fuelwood appropriation when local rulemaking is combined with local
compliance and cooperation tend to increase when stakeholders are monitoring, while controlling for a number of potentially intervening fac-
(i) able to participate in rulemaking processes to influence the content tors; providing support for the findings presented in DeCaro et al. (2015).
of rules that affect them; and (ii) organize monitoring and sanctioning The remainder of this chapter is structured in the following way.
in order to enforce those rules. However, important debates remain Section 1.1 briefly outlines the concept of compliance and the develop-
with regards to the relative priority of these factors and the ways in ment of compliance theory from its origins in economics, to the more
which they might interact to influence behavior. While some have argued socialized and political models of the present day. It then continues by
for the primacy, if not sufficiency of enforcement as a strategy to generate emphasizing the potential role of local rulemaking and local monitor-
incentives for actors to follow rules (Becker, 1968; Hardin, 1968); others ing; before turning to the question of when local rulemaking might con-
have suggested that participatory processes can lead to the expression of tribute to compliance. Section 2 presents the approach taken in this
intrinsic motivation to follow rules only to be negated by external paper, and the results are reported in Section 3. Finally, Sections 4 and
5 conclude this paper by discussing the limitations of this research
E-mail address: graham.epstein@uwaterloo.ca. and implications for compliance theory.

http://dx.doi.org/10.1016/j.ecolecon.2016.09.012
0921-8009/© 2016 Elsevier B.V. All rights reserved.
G. Epstein / Ecological Economics 131 (2017) 312–321 313

1.1. Rule Compliance and Human Motivation Although there are some exceptions, most field studies provide at
least partial support for the hypothesis that rule violations decline
Rule compliance refers to the behavior of actors relative to behav- with increased monitoring and enforcement2 (Kuperan and Sutinen,
ioral prescriptions (Young, 1979). The concept of compliance is sim- 1998; Scholz and Lubell, 1998; Hatcher et al., 2000; Viteri and Chávez,
ilar, but not identical to the concept of cooperation used in CPR 2007; Ramcilovic-Suominen and Epstein, 2015). In contrast, scholars fo-
experiments. They are similar in that the short-term economic in- cusing on intrinsic motivation tend to encourage the development of
centives tend to favor overharvesting (or rule violations); but they participatory models of decision-making that appeal to the moral senti-
differ in that compliance, as opposed to cooperation does not neces- ments and social-psychological needs of human beings (Bowles, 2008;
sarily lead to better outcomes for the participants.1 For instance, if DeCaro and Stokes, 2013). Much like enforcement, field studies of rule
governments ignore scientific recommendations when determining compliance offer fairly broad, but not complete support for the hypoth-
quotas (MacKenzie et al., 2009) or policymakers lack sufficient esis that stakeholder participation3 in decision-making contributes to
knowledge to develop effective rules (Romme and Don, 1989; increased compliance (Frey, 1997; Scholz and Lubell, 1998; Hatcher
Acheson, 2006); then even high levels of compliance may lead to et al., 2000; Viteri and Chávez, 2007; Madrigal-Ballestero et al., 2013).
highly suboptimal outcomes. Nonetheless, in field settings where it There is now fairly widespread agreement among compliance
is difficult, if not impossible, to estimate social optima the decision scholars that participatory rulemaking processes and/or monitoring
to comply with or violate rules is perhaps the most important and and sanctioning can be used as strategies to address compliance prob-
certainly the most proximate behavioral link to the sustainability of lems (Kuperan and Sutinen, 1999; Nielsen, 2003). Important debates
resources. have, however, emerged concerning the relationship between partici-
Contemporary compliance theory is informed by behavioral patory rulemaking and enforcement and how they interact to influence
models from across the social sciences with contributions from eco- behavior. First, there is a large and growing body of research demon-
nomics, social psychology, political science and sociology. While strating that the introduction of external monetary rewards or punish-
these approaches vary with respect to the terminology they use to ments can in some cases crowd-out intrinsic motivation, often
describe human motivation and the assumptions they make about undermining the very goals they are meant to achieve4 (Gneezy and
how information is processed to make decisions; perhaps their Rustichini, 2000a,b; Ryan and Deci, 2000; Bowles, 2008). Experimental
most significant differences rests in the extent to which priority is studies of CPR dilemmas have, for instance, found that the introduction
given to extrinsic versus intrinsic sources of motivation. Classically of sanctioning mechanisms often leads to worse or at least similar
trained economists such as Becker (1968) give clear priority to ex- outcomes as treatments that simply allow participants to communi-
trinsic motivation in arguing that crime is simply the result of a situ- cate (Ostrom et al., 1992; Cardenas et al., 2000; Cardenas, 2004;
ation in which the expected net economic benefits of illegal activity Janssen et al., 2010); indicating the potential for tradeoffs between
exceed the expected sanctions. Motivation in this context is consid- motivation generated by participatory decision-making and enforce-
ered extrinsic because of the emphasis on using externally imposed ment (DeCaro et al., 2015). However, others have argued that some
punishments in order to compel individuals to obey commands types of external interventions such as monitoring and sanctioning
(Deci and Ryan, 2000). might actually enhance intrinsic motivation provided that it is per-
Most social scientists concede that extrinsic factors can have an ceived as supporting the self-determination of actors (Ostrom,
influence on behavior and compliance. However, there is also a 2000; Frey and Jegen, 2001; DeCaro et al., 2015); and providing a
growing consensus that human beings exhibit higher levels of coop- measure of security against exploitation by free-riders (Shinada
eration and compliance than would be expected based upon extrin- and Yamagishi, 2007; Ostrom, 2009).
sic factors alone (Andreoni et al., 1998; King and Sutinen, 2010). As Communities and other groups of individuals rarely correspond to a
a result a number of social science disciplines now argue that the single narrow model of human motivation (Ostrom, 1998, 2000). In-
problem of securing cooperation and compliance rests, at least in stead human beings exhibit considerable heterogeneity in terms of
part, on the ability of governance systems to promote acceptance of their propensity to cooperate with others. However, a large fraction of
institutions and intrinsic motivation (Frey, 1997; Bowles, 2008; most groups can be described as conditional cooperators5 who have a
DeCaro and Stokes, 2013). Institutional acceptance refers to the ex- general tendency to respond in-kind to the behavior of other group
tent to which actors accept rules as legitimate often because they members (Fischbacher et al., 2001; Frey and Meier, 2004; Kocher
are aligned with their interests and values (DeCaro and Stokes, et al., 2008). As a consequence although conditional cooperators
2013). Intrinsic motivation, meanwhile, refers to the extent to might be intrinsically motivated to comply as a result of participatory
which individuals personally endorse or internalize a behavior (i.e. rulemaking; their compliance behavior is likely to depend crucially on
compliance with a rule) such that they behave in a particular way
even in the absence of observation (Kerr et al., 1997). In general it 2
Specific measures used to operationalize this concept include self-reported subjective
has been argued that institutional acceptance and intrinsic motiva-
probabilities of detection (Kuperan and Sutinen, 1998; Hatcher et al., 2000; Eggert and
tion can be promoted by developing governance systems that satisfy Lokina, 2010; Ramcilovic-Suominen and Epstein, 2015), observation of enforcement officers
innate needs for self-determination (Ryan and Deci, 2000; Frey and (Viteri and Chávez, 2007), and opportunity to cheat (Scholz and Lubell, 1998) which is an es-
Jegen, 2001), procedural justice (Kuperan and Sutinen, 1999; timate of the ability of individuals to avoid detection for certain line items on tax returns.
3
Nielsen, 2003; Tyler, 2003, 2006), and by providing a sense of securi- Specific measures used to operationalize this concept vary across studies. Frey (1997)
consider the constitutional design of Swiss cantons (i.e. referenda, citizen initiatives, citi-
ty and predictability for the actors involved (Shinada and Yamagishi, zen meetings) to develop a measure of opportunities for political participation. Viteri
2007; Ostrom, 2009; DeCaro et al., 2015). and Chávez (2007) and Jenny et al. (2007) use a direct measure of participation in fisheries
Contemporary compliance theory has therefore developed to recog- cooperatives and rulemaking for a shared energy system. The remaining studies focus on
nize the potential for promoting compliance using both extrinsic and in- subjective measures of political efficacy by asking whether actors feel that their views are
represented or considered in the design of policies.
trinsic sources of motivation. Scholars emphasizing extrinsic motivation 4
As an example The paper by Gneezy and Rustichini, 2000b is entitled “Pay enough or
tend to promote investments in monitoring and sanctioning systems in don't pay at all” which effectively summarizes the main findings of their research. They
order to increase the perceived costs of rule violation (Becker, 1968). found that groups offered small monetary rewards for performance on IQ tests and collec-
tion of donations performed worse than students offered no compensation at all, and that
groups offered larger rewards tended to outperform those offered smaller rewards.
5
Conditional cooperators are typically defined as individuals who monotonically increase
1
Although cooperation will tend to lead to “better outcomes” for actors that hold rights their contributions in response to the contributions of others. Although contributions in-
to harvest a common-pool resource, communities and societies might be “worse off” in ag- crease it is worth noting that most studies have found that the contributions of conditional
gregate if some actors are excluded from using a common-pool resource. cooperators fall short of matching the contributions of others (Kocher et al., 2008).
314 G. Epstein / Ecological Economics 131 (2017) 312–321

whether governance systems provide them with the sense of security of 93 unique observations,6 from 8 countries in Africa, Asia, and Latin
that is necessary (at least in theory) for their cooperation. In theory a America between 1993 and 2008.
group composed entirely of conditional cooperators would be able to
sustain compliance indefinitely once initiated. However, most (if not
all) groups also include a non-trivial fraction of free-riders that never 2.1. Variables
voluntarily cooperate, regardless of the cooperation of others. Monitor-
ing and sanctioning mechanisms might therefore serve at least two im- The variables included in this analysis are described and summarized
portant roles to support compliance in heterogeneous groups (Shinada in Table 1. First the dependent variable, compliance, is a dichotomous var-
and Yamagishi, 2007). First, for free-riders it provides a direct disincen- iable which distinguishes between groups that comply with rules most or
tive against rule violation that can compel obedience with rules provid- nearly all of the time (1), and those that comply half of the time or less (0).
ed that monitoring is effective and sanctions are sufficiently high (or The primary goal of this paper is to test for differences in the likelihood of
graduated). However, the existence of mechanisms to monitor, and if high levels of rule compliance under different combinations of local
necessary punish, free-riders also provides conditional cooperators rulemaking and local monitoring. Local rulemaking is a dichotomous var-
with a measure of security necessary for their cooperation (Shinada iable which records whether local user groups or earlier generations are
and Yamagishi, 2007). primarily responsible for the content of operational rules for fuelwood re-
Although scholars have speculated about the ways in which partici- sources. Local monitoring is also a dichotomous variable which records
patory rulemaking and enforcement might interact to influence motiva- whether members of a user group regularly organize to monitor the use
tion and behavior, these hypotheses were not explicitly tested until of forest resources. These variables are effects coded in statistical models
recent experimental work by DeCaro et al. (2015). Their research (i.e. local rulemaking =1; no local rulemaking = −1; local
showed that groups exhibited higher levels of compliance in treatments monitoring = 1, no local monitoring = −1) in order to measure the av-
that combined voting with enforcement than voting or enforcement erage impacts of alternative institutional arrangements on the likelihood
alone. They also found that participants in the combined voting and en- of rule compliance. Thirty-five of the ninety-three user groups combine
forcement treatment reported higher levels of procedural justice, self- local rulemaking with local monitoring, while 22 groups have created
determination and security than participants in voting or enforcement rules but do not regularly organize to monitor the use of forest resources
treatments; highlighting the contributions of intrinsic motivation as a and 8 groups organize to monitor compliance with rules they did not cre-
key source of incentives for compliance. Their research therefore offers ate. Finally, the remaining 22 groups are neither primarily responsible for
a significant advance in our understanding of human motivation, com- rules nor do they organize to monitor.
pliance and the ways in which policies might be designed to improve A number of additional variables are also included in statistical models
the management of natural resources. However despite their ability to to account for potentially intervening factors. First, models include a col-
make strong internally valid causal inferences; the external validity of lective action index which is a composite of two ordinal measures that re-
experiments is often questioned for neglecting the complexity of field cord the extent to which members of group work together to harvest and
settings (Poteete et al., 2010). This is particularly salient with regards process resources outside of the forest (i.e. agricultural goods), scaled to
to the relationship between enforcement and behavior where field ex- range between zero and one. In general levels of cooperative economic
periments have found that enforcement might crowd-out incentives production would be expected to correlate with levels of trust and social
for cooperation in groups with high levels of underlying trust (Vollan, capital in a community (Henrich et al., 2001; Ostrom, 2009); influencing
2008). Therefore, this study seeks to assess whether the synergistic ef- both the likelihood of self-organization and compliance. Furthermore CPR
fects of participatory rulemaking and enforcement observed in the lab field experiments undertaken in Namibia and South Africa suggest that
extends to the field while controlling for potentially intervening factors. the effects of monitoring and sanctioning mechanisms might vary de-
pending upon the existing levels of trust within a group (Vollan, 2008).
2. Data and Methods Poor records the fraction of households in a user group that are con-
sidered poor. Levels of poverty would be expected to directly contribute
The data used in this study is drawn from the International Forest to non-compliance (Ehrlich, 1973), and might affect the willingness or
Resources and Institutions (IFRI) database (Wertime et al., 2007). IFRI ability of groups to contribute limited resources to managing forest re-
is an interdisciplinary and collaborative program that has to date col- sources. Density is a logarithmic transformation of the number of
lected data from over 400 forests and 600 forest user groups on four households in a user group per hectare of forest. The likelihood of rule
continents. The database broadly includes information about a forest, compliance would generally be expected to decline with increased den-
the people that use it, and the rules that groups use to govern their in- sity as competition for fuelwood resources increases, alongside the costs
teractions with a forest and each other. Given its breadth IFRI is one of of creating and enforcing rules (Olson, 1965). Other group is a dichoto-
a small set of large-n datasets of the commons with which scholars mous variable which indicates whether a forest is used by one or more
can develop, test and refine hypotheses concerning small-scale environ- additional user group. The presence of other groups is likely to reduce
mental governance (Poteete et al., 2010), although it is generally accept- the likelihood of compliance by reducing the per-capita supply of re-
ed that the cases do not represent a random sample (Chhatre and sources, and increasing monitoring costs (Nagendra and Ghate, 2005;
Agrawal, 2009; Coleman, 2009). Basurto and Ostrom, 2009). Finally, market is a measure of the distance
The sample used in this study includes unique observations of user to the nearest market in which forest products are sold; and is expected
groups where fuelwood resources are one of the three most important to correspond to the potential for economic gains from legal and illegal
products harvested and used by that group in state-owned forests. A fuelwood harvesting. The final three variables, commercial users, com-
user group is defined as a group of individuals that use a forest and mercial value and external monitoring are used in the Appendix A to as-
share similar sets of rights and responsibilities with regards to that for- sess the robustness of the results and are discussed in Section 3.1.
est and its resources (Wertime et al., 2007). For instance if one set of in- A correlation matrix of these variables can be found in Table 4 in the
dividuals is granted rights to appropriate forest resources such as Appendix A. Although there are a number of potentially interesting
firewood, while another set holds both appropriation and management
6
rights then these would be coded as two distinct user groups. State- 310 user groups identified fuelwood as one of three most important forest products
owned forests were chosen as the vast majority of the world's forests they harvest in the forest. User groups in the United States (18) and forests owned by in-
dividuals or communities (40) were excluded. A further 112 cases were omitted as a result
(and forests in the IFRI database) are owned by governments of listwise deletion, while the remaining 47 cases were excluded as repeat observations of
(Agrawal et al., 2008), and because all user groups in community- user groups using different forests (random drops) or the same forest at a different time
owned forests have de-facto management rights. The sample consists (earlier observations were omitted).
G. Epstein / Ecological Economics 131 (2017) 312–321 315

Table 1
Summary statistics.

Variable Description Obs. Mean Std. Dev. Min Max

Compliance Binary. Group complies with rules most of time or almost always 93 0.699 0.461 0 1
Local rulemaking Binary. Local users are the most important source for rules-in-use 93 0.613 0.490 0 1
Local monitoring Binary. User group regularly monitors use of forest resources. 93 0.462 0.501 0 1
Local rulemaking X Interaction between local rulemaking and local monitoring 93 0.376 0.487 0 1
Local monitoring
Collective action index Composite of two ordinal measures of user group cooperation on harvesting 93 0.158 0.250 0 1
and processing of resources outside of the forest. Re-scaled to vary between zero and one.
Poor Fraction of households in user group considered poor 93 0.188 0.249 0 1
Density Natural logarithm of number of households per hectare of forest 93 −0.688 2.136 −5.825 4.220
Other group Binary. Forest is used by one or more other user groups. 93 0.634 0.484 0 1
Market Distance in kilometers to nearest market 93 5.523 6.457 0 31
Commercial users Fraction of user group that derives commercial benefits from forest 93 0.166 0.322 0 1
Commercial value Ordinal. Foresters assessment of the relative commercial value of the forest 93 1.376 1.031 0 3
External monitoring Binary. External actors monitor the use of forest resources 73 0.877 0.331 0 1

associations among the variables, perhaps the most interesting relate to number of scalar model statistics. Because some forests are found in
local rulemaking and local monitoring. There is a positive and statistical- close proximity to one another, standard errors are clustered by the lo-
ly significant correlation (p b 0.10) between local rulemaking and local cation of forests (oversite in the IFRI database). Model fit was assessed
monitoring, both of which are inversely related to the presence of other using count r-squared values and by visually analyzing residuals.
user groups and the distance to market. External monitoring is nega- Count r-squared records the fraction of observations that are correctly
tively correlated to local rulemaking (p b 0.10), but not local monitoring. assigned by a model, and therefore shows that the model is successful
in classifying approximately 80% of the 93 cases. Standardized Pearson
2.2. Statistical Analysis residuals are presented in Table 2 in the Appendix A. All but one of the
residuals falls within the conventionally accepted range of ± 2.5
A logistic regression is used to estimate the likelihood that members of (Andersson and Gibson, 2007; Coleman, 2009). The only observation
a user group comply with operational rules for the use of fuelwood re- outside of this range is the also the only case in which the combination
sources as a function of a vector of independent variables. Logistic regres- of local rulemaking, local monitoring and low levels of compliance is ob-
sion addresses a number of limitations of the linear probability model, served. This case has experienced a fairly rapid inflow of migrants from
most notably assumptions related to the calculation of standard errors other regions which might pose challenges for promoting institutional
and the linearity of parameters (Long, 1997). The binary logistic model es- acceptance among new arrivals, increase monitoring costs (Agrawal
timates the log odds of an outcome such as high levels of compliance as a and Goyal, 2001) and has in a number of other cases led to the decline
function of a vector of independent variables as shown in Eq. (1). As a re- of community-based governance systems (Acheson, 2006; Basurto
sult, the likelihood of an outcome, depend upon the value of a focal pa- and Ostrom, 2009).
rameter such as local rulemaking, but also the value of all other The results presented in Table 2 provide support for the hypothesis of
variables in the model. a synergistic relationship between local rulemaking and local monitoring.
Table 3 reports the odds that a group with a particular combination of
! local rulemaking and local monitoring will have high rather than low
pcomply
ln ¼ β0 þ β1 x1 þ … þ βk xk : ð1Þ levels of compliance. It shows that groups combining local rulemaking
1−pcomply
with monitoring are approximately 61 times more likely to exhibit high
levels of compliance, while for local rulemaking there are 3 to 1 odds of
high levels of compliance. In contrast the odds are about even when
3. Results groups neither create nor enforce rules, and favor low levels of compli-
ance when groups monitor compliance with externally imposed rules.
The results are presented in Table 2 which reports estimated coeffi- Fig. 1 takes a slightly different approach and plots the predicted
cients, clustered robust standard errors and p-values, in addition to a probability of high levels of compliance with fuelwood appropriation
rules in order to compare the probability of compliance under different
Table 2 institutional arrangements. As can be seen groups that combine local
Results. rulemaking with local monitoring have the highest predicted probabil-
β SE p 90% C.I. ity of compliance (Fig. 1A), a difference which is statistically significant
at the 10% level while holding all other values at their sample mean.
Local rulemaking 1.617 0.467 0.001 0.848 2.385
Local monitoring 0.387 0.484 0.424 -0.409 1.183
Groups who are responsible for both the creation and enforcement of
Local rulemaking X local monitoring 1.154 0.418 0.006 0.467 1.842 rules are approximately 5 times more likely to comply with rules than
groups that monitor compliance with externally imposed rules; and
Controls
Collective action index 1.169 0.385 0.002 0.537 1.802
1.3 times more likely than groups that created rules but do not regularly
Poor −0.292 0.359 0.417 −0.883 0.299 monitor the use of fuelwood resources. However, the remaining plots
Density −0.091 0.304 0.765 −0.591 0.409 (Figure 1BCD) which show how the predicted probability of compliance
Other group −1.080 0.736 0.142 −2.291 0.131
Distance to market 0.616 0.271 0.023 0.170 1.063
Constant 1.641 0.615 0.008 0.630 2.653 Table 3
N 93 Odds ratios.
Count R2 0.796
Arrangements Odds ratio
Chi-square 35.26
p-value 0.000 Neither 1.034
Mean VIF 1.39 Local rulemaking only 3.207
Max VIF 1.77 Local monitoring only 0.216
Both 61.032
Note: Standard errors are clustered by the location of the forest.
316 G. Epstein / Ecological Economics 131 (2017) 312–321

Fig. 1. Predicted probability of high levels of rule compliance. (A) Probability of compliance under different combinations of local rulemaking and local monitoring. All other variables are
held at the sample mean. (B, C, D) Comparison of the probability of compliance for the combination of local rulemaking and local monitoring; and (B) neither local rulemaking nor local
monitoring, (C) local rulemaking without monitoring, (D) local monitoring without rulemaking; as the collective actions index varies from minimum to maximum value. Plots show 90%
confidence intervals; all other variables are held at the sample mean.

changes as the collective action index varies from its minimum to max- due to missing data. The results from all of these additional models
imum value suggest that specific institutional arrangements for fuel- are consistent in terms of the sign and significance (p b 0.10) of the co-
wood appropriation are less important for groups who regularly efficients for local rulemaking, local monitoring and the interaction.
cooperate to harvest and process resources. In fact, local rulemaking While the linear probability models have a number of well-known lim-
by itself appears to be sufficient to promote compliance in groups itations; it can also provide valuable insights for some questions
with fairly low levels of collective activity, although at values that ex- (Caudill, 1988). In this case it allows for a general assessment of two
ceed the sample average. major threats, outliers and omitted variables, to the internal validity of
the results presented in Table 3.
3.1. Robustness of Results

A number of additional statistical models can be found in the 4. Discussion


Appendix A and were estimated in order to assess the robustness of re-
sults to the choice of units for clustering, control variables and potential As a whole the results presented in Section 3 provide support for the
outliers. Table 5 clusters standard errors over country rather than forest hypothesis of a synergistic relationship between local rulemaking and
location, while Tables 6 and 7 replace distance to market with the fraction local monitoring. Estimates from several models and methods are con-
of the user group that derives commercial benefits from the forest and a sistent in suggesting that the likelihood of high levels of rule compliance
forester's subjective assessment of the commercial value of a forest; in state-owned forest commons is highest when (i) user groups are pri-
none of which have an impact on the sign or significance (p b 0.10) of marily responsible for the content of rules for fuelwood appropriation
the coefficients for local rulemaking, local monitoring or the interaction and (ii) make investments to monitor compliance with those rules.
term. However, although these differences are statistically significant for the
Tables 8, 9 and 10 use the linear probability model to consider the average group in the sample (Fig. 1A); the results also show that in
potential impacts of outliers and omitted variables on the results. The some contexts that the impact of the combination of local rulemaking
linear probability model was used because the logistic model cannot and local monitoring on the likelihood of compliance is indistinguish-
be estimated when an outcome is separated by one or a combination able from other institutional arrangements (Fig. 1B, C, D). Most notably
of predictors (Long, 1997); a situation which arises when the outlier is it would appear that in some situations that local rulemaking might
removed and when external monitoring is added as a control variable. generate sufficient motivation to promote high levels of compliance,
Table 8 replicates the model presented in Table 3 using the same vari- even in the absence of local monitoring and the associated security it
ables and observations. Table 9 excludes one observation with a partic- might provide. This analysis represents a first attempt to explicitly test
ularly large residual (Fig. 2), while Table 10 includes external whether synergies between participatory rulemaking and enforcement
monitoring7 as a control variable, omitting a number of observations observed in laboratory experiments (DeCaro et al., 2015) apply to the
behavior of resource users in the field. Although this paper makes sever-
7
All cases in which external monitors were absent had high levels of rule compliance.
al potential contributions to our understanding of the relationship be-
The logistic model is unable to estimate models in which outcomes are perfectly predicted tween participatory rulemaking, monitoring and compliance, it is
by the values of a variable. important to take note of some of its limitations.
G. Epstein / Ecological Economics 131 (2017) 312–321 317

First levels of compliance with fuelwood appropriation rules are problems associated with collinearity9 which limit the power of statisti-
not associated with better forest conditions as assessed by local for- cal tests.
est experts.8 Therefore, although local rulemaking and monitoring in The relationship between compliance and local monitoring is, howev-
state-owned forest commons may promote compliance, it does not er, somewhat more complex Whereas local rulemaking is consistently as-
necessarily imply that governments can rely upon local users to create sociated with increases in the likelihood of compliance; the effects of
and enforce rules in order to meet their environmental goals. Second, monitoring appear to depend upon how rules are developed. When
given that the sample is comprised entirely of groups using fuelwood rules are imposed by external actors, local monitoring does not have a sig-
in state-owned forest commons; the relationships observed in this nificant effect on compliance and has the lowest predicted probability of
study might not apply to other forest products or forests that are compliance (Fig. 1A). This is suggestive of a crowding-out effect from
owned by private individuals or communities. In fact, it is possible monitoring (Frey and Jegen, 2001; Bowles, 2008), and is consistent with
that communities would be more willing to comply with rules and en- the results of CPR experiments using external sanctions (Ostrom et al.,
gage in sustainable patterns of use if they were granted formal owner- 1992; Cardenas et al., 2000) and self-enforcement of imposed rules
ship of a forest and its resources (Pagdee et al., 2006; Chhatre and (DeCaro et al., 2015). In contrast local monitoring has a positive and statis-
Agrawal, 2009). tically significant impact on compliance when combined with local
Third, this analysis which draws upon data regarding the behavior rulemaking, a result which appears to contradict the hypothesis that mon-
and attributes of groups does not necessarily apply to the behavior of in- itoring, in-and-of-itself, crowds-out intrinsic motivation (Deci and Ryan,
dividuals (Robinson, 2009). Indeed, it would be highly problematic if 2000; Bowles, 2008). Instead it appears that local monitoring of rules cre-
compliance depended upon whether every individual in a group was ated by members of the user group enhances motivation to comply with
personally responsible for the content of operational rules; and was in- rules for fuelwood appropriation. DeCaro et al. (2015) argue that partici-
volved in monitoring compliance with those rules. Instead at the indi- patory rulemaking legitimizes the use of enforcement, while enforcement
vidual level it is likely more important that individuals feel that they encourages actors that might disagree with rules (i.e. voted for a different
are treated fairly by governance systems, providing opportunities for rule) to eventually accept them and provides security against exploitation
“people like them” to have a say in rulemaking processes (Scholz and by free-riders. Together these findings highlight the need for further in-
Lubell, 1998; Tyler, 2006), and using monitoring mechanisms to sup- vestigation of different monitoring and sanctioning mechanisms (i.e. ex-
port their collective will (DeCaro et al., 2015). ternal vs. self-monitoring) that explicitly considers how the attributes of
Fourth, because of the cross-sectional nature of the study and the rulemaking processes influence perceptions of enforcement, and impact
absence of suitable instruments it is possible that the results are bi- motivation and behavior in different social and ecological contexts.
ased by endogeneity between local rulemaking, local monitoring These findings are also partially consistent with models of conditional
and compliance. For instance, groups that have been successful in cooperation where long-term compliance would be predicted to depend
promoting compliance might be granted more formal or informal au- upon the existence of mechanisms to observe and if necessary sanction
thority to create and modify rules in state-owned forest commons; free-riders. Given the prevalence of free-riders in human societies
while high levels of voluntary compliance could increase the likeli- (Fischbacher et al., 2001; Frey and Meier, 2004; Kocher et al., 2008), mon-
hood of user group monitoring by reducing the costs associated itoring and sanctioning mechanisms would be expected to be an impor-
with its provision. tant, if not essential condition for long-term cooperation and compliance
Fifth and finally because of (i) important questions concerning the (Rustagi et al., 2010). Whereas the results support the hypothesis that
fungibility of external and self- monitoring (Vyrastekova and Van groups who combine rulemaking with monitoring are the most likely
Soest, 2003; Coleman, 2009), and (ii) limitations of logistic regression to comply with rules, they also highlight the potential for achieving sim-
and other methods; this paper is unable to provide a strong empirical ilar levels of compliance without local monitoring, particularly for groups
test of the synergies between local rulemaking and local monitoring that frequently work together to cooperatively harvest and process re-
while controlling for external monitoring. sources. This is consistent with some CPR experiments where repeated
communication treatments have yielded similar outcomes as communi-
cation and sanctioning (Ostrom et al., 1994; Janssen et al., 2010), but
4.1. Rulemaking, Monitoring and Compliance poses an interesting question as to how groups might address free-rider
problems in the absence of enforcement.
The results presented in Section 3 show that local rulemaking has a One potentially interesting possibility is that cooperative harvesting of
positive and statistically significant impact on rule compliance; a result resources, a common strategy for fuelwood extraction (Wickramasinghe,
which is consistent with the predictions of crowding theory (Frey and 1997; Kant and Cooke, 1998; Tabuti et al., 2003), might be used to pro-
Jegen, 2001). This corresponds closely to similar findings from the liter- duce monitoring as a byproduct of appropriation eliminating the need
ature on tax compliance (Frey, 1997; Scholz and Lubell, 1998) and re- for organized patrols. Similar strategies have been used by irrigators
source management (Hatcher et al., 2000; Viteri and Chávez, 2007; where the combination of timing and rotation rules for opening and clos-
Madrigal-Ballestero et al., 2013) which have found relationships be- ing gates to their respective fields creates a situation in which two or
tween several different measures of political participation and compli- more actors have the opportunity and incentive to monitor the behavior
ance. Furthermore it is possible and perhaps even likely that the of the other (Ostrom, 1990; Tang, 1992). Alternatively if resource users
absence of a relationship reported in some studies (Kuperan and can be easily observed as they enter or exit the forest to harvest fuelwood
Sutinen, 1999; Jenny et al., 2007; Eggert and Lokina, 2010) is the result resources, informal monitoring might act as a substitute for organized pa-
of models which include measures of both participation and the per- trols (Wade, 1994). There is also the possibility that some groups might
ceived fairness of rules, which is often seen as a core outcome of partic- be able to promote compliance even in the absence of monitoring as a re-
ipation itself (Nielsen, 2003). As a result these models likely sult of frequent interactions to address social problems, contributing to
(i) underestimate the total effects of participation by including inter- higher levels of intrinsic motivation and trust.
vening variables (King et al., 2001; Ray, 2003) and (ii) suffer from
9
The tetrachoric correlation between local rulemaking and perceived fairness of rules
in this study is 0.705 and significant at the 1% level; it is worth noting, however, that the
8
65% of forests in which users comply with fuelwood appropriation rules most or all of same argument might apply to the combination of local rulemaking and local monitoring.
the time have typical or better levels of species diversity; compared to 64% when users The tetrachoric correlation between local rulemaking and local monitoring is 0.582 and
rarely or sometimes comply. 62% of forests in which users comply with fuelwood appro- significant at the 1% level. However, given that I am explicitly seeking to test for synergies
priation rules most or all of the time have typical or better levels of vegetation density; between local rulemaking and local monitoring, the incorporation of both terms is neces-
compared to 68% when users rarely or sometimes comply. sary, but likely underestimates the total effects of local rulemaking.
318 G. Epstein / Ecological Economics 131 (2017) 312–321

Finally, the results suggest that the positive effects of local monitoring findings provide important supporting evidence to the above noted ex-
(when combined with local rulemaking) on the likelihood of compliance perimental study but much more work is needed to investigate the rela-
are independent of the levels of collective action in that group. Therefore tionship between institutions, motivation, and compliance. Although this
it provides some, albeit weak, evidence against the hypothesis that local paper has shown that compliance tends to increase when local users are
monitoring (when combined with local rulemaking) crowds-out intrinsic involved in the design and enforcement of rules; the absence of a relation-
motivation for groups with high levels of trust (Vollan, 2008). The evi- ship between compliance and forest conditions potentially implies a
dence is weak because of the absence of an explicit test which would re- tradeoff between promoting compliance and the sustainability of re-
quire an additional interaction term, potential concerns about differences source stocks. If communities systematically adopt rules that are less strict
in the ways in which collective action and trust are measured in the re- in order to promote compliance, then even long-term compliance might
spective studies, and the distribution of the collective action index ultimately lead to the depletion of resource stocks. Therefore, greater at-
which is somewhat biased towards groups with low levels of collective tention is needed to better understand the conditions in which local
activity. Nonetheless, the models suggest that groups that cooperatively rulemaking and local monitoring might contribute to compliance, while
harvest and process resources outside of the forest frequently (likely cor- also ensuring the long term sustainability of forests.
related to levels of trust) would have a higher likelihood of compliance if
they combined local rulemaking with local monitoring. However, given
the above noted limitations much more work is needed to better under- Acknowledgements
stand the ways in which levels of trust in particular and contexts in gen-
eral influence the performance of different institutional arrangements. This paper has benefited greatly from the insightful comments from a
number of faculty and students at the Ostrom Workshop in Political The-
5. Conclusion ory and Policy Analysis at Indiana University and two anonymous re-
viewers. In particular I would like to thank Dr. Michael McGinnis, Dr.
This paper set out to test the hypothesis that local rulemaking and Daniel Cole, Dr. Eric Coleman, Dr. Burney Fischer, Dr. Sergio Fernandez
monitoring have a synergistic effect on compliance building upon recent and Julie England who contributed invaluable insights as I developed
experimental work by DeCaro et al. (2015). The results are generally sup- this research. This work would not have been possible if it was not for
portive of this hypothesis, but also highlight the potential for achieving the sustained efforts of a large number of scholars and research centers
high levels of compliance without enforcement by allowing groups to in- associated with the International Forestry Resources and Institutions
fluence the content of the rules that affect them. Collectively these Program.

Appendix A

Table 4
Pairwise correlation matrix.

Local Local Local rulemaking X Collective Poor Density Other Market Commercial Commercial External
rulemaking monitoring Local monitoring action index group users value monitoring

Local rulemaking 1.000


Local monitoring 0.383 1.000
Local rulemaking × 0.617 0.838 1.000
Local monitoring
Collective action index 0.001 0.062 −0.032 1.000
Poor 0.036 0.342 0.211 −0.068 1.000
Density 0.057 0.182 0.203 0.004 −0.053 1.000
Other group −0.374 −0.326 −0.470 0.063 −0.069 −0.508 1.000
Market −0.191 −0.238 −0.212 −0.004 −0.105 −0.068 0.171 1.000
Commercial users −0.207 0.021 −0.200 0.081 0.184 −0.376 0.305 −0.150 1.000
Commercial value −0.010 0.101 0.148 0.140 0.056 0.103 −0.113 0.174 −0.198 1.000
External monitoring −0.313 −0.121 −0.208 −0.074 0.012 −0.074 0.130 0.085 0.082 −0.013 1.00

Note: n = 93 for all correlations with the exception of external monitoring where n = 73.

Table 5
Results.

β SE p 90% C.I.

Institutional Arrangements
Local rulemaking 1.617 0.702 0.021 0.463 2.771
Local monitoring 0.387 0.453 0.393 −0.359 1.132
Local rulemaking X local monitoring 1.154 0.529 0.029 0.285 2.024

Controls
Collective action index 1.169 0.421 0.006 0.476 1.862
Poor −0.292 0.433 0.500 −1.005 0.421
Density −0.091 0.180 0.614 −0.387 0.205
Other group −1.080 0.397 0.007 −1.734 −0.427
Distance to market 0.616 0.245 0.012 0.214 1.019
Constant 1.641 0.145 0.000 1.402 1.880
N 93
Count R2 0.796
Chi-square –
p-value –
Mean VIF 1.39
Max VIF 1.77

Note: Standard errors are clustered by country rather than forest location.
G. Epstein / Ecological Economics 131 (2017) 312–321 319

Table 6
Logistic Regression Results.

β SE p 90% C.I.

Institutional Arrangements
Local rulemaking 1.318 0.483 0.006 0.524 2.111
Local monitoring 0.613 0.580 0.291 −0.341 1.568
Local rulemaking X local monitoring 1.006 0.468 0.032 0.236 1.776

Controls
Collective action index 1.141 0.410 0.005 0.466 1.815
Poor −0.342 0.449 0.446 −1.080 0.397
Density −0.265 0.375 0.480 −0.882 0.352
Other group −1.064 0.777 0.171 −2.342 0.213
Commercial users −0.684 0.294 0.020 −1.168 −0.200
Constant 1.869 0.718 0.009 0.688 3.050
N 93
Count R2 0.785
Chi-square 29.97
p-value 0.000
Mean VIF 1.49
Max VIF 1.76

Note: Distance to market is replaced with commercial users, standard errors clustered by the location of the forest.

Table 7
Logistic Regression Results.

β SE P 90% C.I.

Local rulemaking 1.455 0.420 0.001 0.764 2.147


Local monitoring 0.381 0.502 0.448 −0.445 1.206
Local rulemaking X local monitoring 1.196 0.423 0.005 0.500 1.892

Controls
Collective action index 1.057 0.371 0.004 0.448 1.667
Poor −0.356 0.371 0.338 −0.966 0.255
Density −0.070 0.308 0.821 −0.577 0.438
Other group −1.157 0.724 0.110 −2.348 0.034
Commercial Value −0.093 0.304 0.761 −0.593 0.408
Constant 1.826 0.662 0.006 0.738 2.914
N 0.000
Count R2 0.763
Chi-square 36.78
p-value 0.000
Mean VIF 1.40
Max VIF 1.76

Note: Distance to market is replaced with the commercial value of the forest; standard errors clustered by forest location.

Table 8
Linear regression results using full sample.

β SE P 90% C.I.

Local rulemaking 0.206 0.059 0.001 0.107 0.305


Local monitoring 0.022 0.050 0.653 −0.061 0.106
Local rulemaking X local monitoring 0.123 0.048 0.013 0.043 0.203

Controls
Collective action index 0.093 0.033 0.007 0.038 0.149
Poor −0.033 0.032 0.318 −0.086 0.021
Density −0.017 0.056 0.760 −0.111 0.076
Other group −0.174 0.090 0.059 −0.325 −0.023
Market 0.089 0.029 0.003 0.041 0.138
Constant 0.721 0.090 0.000 0.571 0.870
N 93
R2 0.369
F 11.50
p-value 0.000
Mean VIF 1.39
Max VIF 1.77

Note: Standard errors are clustered by forest location.


320 G. Epstein / Ecological Economics 131 (2017) 312–321

Table 9
Linear regression results excluding potential outlier.

β SE P 90% C.I.

Local rulemaking 0.217 0.058 0.000 0.120 0.313


Local monitoring 0.040 0.047 0.395 −0.038 0.119
Local rulemaking X local monitoring 0.132 0.047 0.007 0.053 0.210

Controls
Collective action index 0.085 0.034 0.014 0.029 0.141
Poor −0.047 0.029 0.108 −0.095 0.001
Density −0.026 0.055 0.642 −0.117 0.066
Other group −0.145 0.085 0.095 −0.287 −0.002
Market 0.093 0.030 0.003 0.043 0.143
Constant 0.709 0.088 0.000 0.562 0.856
N 92
R2 0.399
F 12.50
p-value 0.000
Mean VIF 1.40
Max VIF 1.78

Note: Standard errors are clustered by forest location. The case with a large residual in Fig. 2 is excluded for this model.

Fig. 2. Standard Pearson Residuals for model presented in Table 3.

Table 10
Linear regression results including external monitoring.

β SE P 90% C.I.

Local rulemaking 0.146 0.060 0.017 0.047 0.246


Local monitoring 0.049 0.052 0.349 −0.038 0.137
Local rulemaking X local monitoring 0.096 0.049 0.055 0.014 0.178

Controls
Collective action index 0.090 0.038 0.023 0.025 0.154
Poor −0.063 0.042 0.136 −0.134 0.007
Density −0.022 0.055 0.695 −0.114 0.071
Other group −0.234 0.093 0.014 −0.389 −0.079
Market 0.116 0.035 0.001 0.058 0.174
External monitoring −0.216 0.088 0.018 −0.364 −0.068
Constant 0.969 0.108 0.000 0.788 1.150
N 73
R2 0.389
F 8.32
p-value 0.000
Mean VIF 1.35
Max VIF 1.66

Note: Standard errors are clustered by forest location. External monitoring is included as a control variable.

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