The relationship between illegal rentier economies and the state does not
necessarily entail chaos or an absence of the rule of law. Rather, illegal economies are systematically
established and protected by the state – as seen in the highly organized and visible deployment
of the tools and devices of state territorialization. For example, state laws and institutions are
used to demarcate areas for illegal logging; public infrastructure and equipment like roads and
trucks are used for illicit timber extraction; and specialized drilling machines are deployed
openly for the construction of underground mining tunnels that enable so-called informal
mining. This level of capitalization and investment indicates how “illegality” can be systematized
and normalized at a remarkable scale and how actors involved expect such practices to endure
over time.
Perhaps the most prominent example of this is in To’s article on Vietnam, where the state has
recently re-zoned woodland around an upland village as “national forest.” This territorialization
has not only changed the legal status of the land, extending state propriety over it, but has ushered
in a host of government officials, law enforcers, and park rangers to “protect” the forest and
uphold the logging ban. Residents who engage in traditional timber extraction are effectively
criminalized and local law enforcers have the authority to confiscate village-logged timber or
issue fines. However, the law is rarely enforced as stated on paper. Instead, the law is
“taxed” through bribes extracted from villagers, who effectively conduct logging on behalf
of local authorities. As timber is subsequently transported through government checkpoints,
local middlemen known as lawmakers – who are themselves officials with familial ties to the government-run
People’s Committee – skillfully maneuver the illicit timber through and over the
formal law. The biggest rents from this illegal logging industry are not kept by the villagers
who fell the timber, but are accumulated by state institutions and state officials. In this way, territorialization
of upland Vietnam is central to the establishment of an illicit regime of extraction
that finances and enriches the state.
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