Contesting one’s place remains central to confronting the lingering impact of colonisation and apartheid, emerging as it does out of the intermingling of our environments, histories, languages and experiences. In this volume, architects, anthropologists, artists, urban planners, activists and historians examine the ways in which people are rethinking, repurposing and reusing colonial and apartheid architecture and infrastructure. They seek to engage with ways in which history, art and architecture practices contest and subvert these protracted conditions in terms of social justice, development, conservation, heritage, land reclamation and urban renewal.

The focus is on colonial environments in different parts of South Africa and Africa to understand the history of disputed places and responses of remembrance, communal consideration, revival and conflict. In recent years, public awareness of the physical and environmental reminders of this past has been sharpened by sporadic campaigns and ongoing disputes around land, gentrification, repatriation and heritage. Globally, there has been a wave of public outcry and contestation about the place of racist names and statues in public spaces, litigation over abandoned and toxic sites, with calls for removal and restitution as an integral part of decolonisation. And there has been recognition of the lived experiences, knowledge and activities through which people and communities build their heritage.

In this context, questions about the place of colonial and apartheid planning and architecture and their past acquire salience and urgency in the present.

The issue of land rights is an ongoing and complex topic of debate for South Africans. Rights to Land comes at a time when land redistribution by government is underway. This book seeks to understand the issues around land rights and distribution of land in South Africa and proposes that new policies and processes should be developed and adopted. It further provides an analysis of what went so wrong, and warns that a new phase of restitution may ignite conflicting ethnic claims and facilitate elite capture of land and rural resources.

While there are no quick fixes, the first phase of restitution should be completed and the policy then curtailed. The book argues that land ownership and administration is important to rural democracy and that this should not be placed under the control of traditionalist intermediaries. Land restitution, initiated in 1994, was an important response to the injustices of the apartheid era. But it was intended as a limited and short-term process – initially to be completed in five years.

It may continue for decades, creating uncertainty and undermining investment into agriculture.

In response to the recent surge in extractive natural resource investments in Africa, this insightful book explores how relations between investors, ruling elites, and local populations develop when large-scale investments in gas, minerals, and agriculture expand. Advancing a multi-level approach that encompasses rigorous theoretical analysis, fieldwork, and literature review, expert contributors examine the implementation of natural resource investments and the extent to which they respect procedural rights of local populations. Chapters draw together understudied bodies of literature on land-grabbing debates, the resource curse controversy and corporate social responsibility (CSR), demonstrating how the chances of large-scale investments in natural resources are at their greatest when characterised by 'reciprocal exchange deals' between investors and local populations, 'compatible interests' between ruling elites and investors, and 'mutual recognition' between local populations and ruling elites. Through a careful examination of case studies in Mozambique, Tanzania, and Uganda, the book ultimately highlights the complexity of the political economy of natural resource investments. Providing valuable theoretical and empirical insights, this book will be an invigorating read for scholars and students of political economy, political geography, sustainability, CSR, and business studies. Its valuable insights on how natural resource investments might accelerate economic growth and consolidate links between local and global economies will also be of interest to development practitioners and investors.

THE SUNDAY TIMES BESTSELLER SHORTLISTED FOR THE CWA GOLD DAGGER FOR NON-FICTION 2021 SHORTLISTED FOR THE INDIE BOOK AWARD FOR NON-FICTION 2022 'Brilliant, passionate and political . . . The Book of Trespass will make you see landscapes differently' Robert Macfarlane 'A remarkable and truly radical work, loaded with resonant truths' George Monbiot The vast majority of our country is entirely unknown to us because we are banned from setting foot on it. By law of trespass, we are excluded from 92 per cent of the land and 97 per cent of its waterways, blocked by walls whose legitimacy is rarely questioned. But behind them lies a story of enclosure, exploitation and dispossession of public rights whose effects last to this day. The Book of Trespass takes us on a journey over the walls of England, into the thousands of square miles of rivers, woodland, lakes and meadows that are blocked from public access. By trespassing the land of the media magnates, Lords, politicians and private corporations that own England, Nick Hayes argues that the root of social inequality is the uneven distribution of land. Weaving together the stories of poachers, vagabonds, gypsies, witches, hippies, ravers, ramblers, migrants and protestors, and charting acts of civil disobedience that challenge orthodox power at its heart, The Book of Trespass will transform the way you see the land. --------------- A GUARDIAN, i AND SPECTATOR BOOK OF THE YEAR

A survey of the evolution of property rights in the United States-from constitutional protections and due process to private property rights and government-takings doctrines. Legal opinions and public attitudes toward property rights have fluctuated over the years, from periods when almost any infringement of these rights was impermissible, to times in which the government was granted much wider latitude. This book examines the history of individual property ownership in the U.S. from the late colonial era to the present, explaining how property rights were established, defended, and sometimes later reinterpreted. Of special interest are rights that have developed over time, such as due process, just compensation for government "takings" of private property, and the rights landowners may assert against other persons. Of particular interest to today's readers are government regulation of private property for environmental purposes, challenges to zoning regulations, and intellectual property rights in cyberspace. Alphabetical list of key people, cases, events, judicial decisions, statutes, and terms that are central to an understanding of property rights in the United States Reprints of key materials including constitutional provisions, excerpts from court rulings, and statutes

Examining a series of court decisions made during the 1980s regarding the legal claims of several Native American tribes who attempted to protect ancestrally revered lands from development schemes by the federal government, this book looks at important questions raised about the religious status of land. The tribes used the First Amendment right of free exercise of religion as the basis of their claim, since governmental action threatened to alter the land which served as the primordial sacred reality without which their derivative religious practices would be meaningless. Brown argues that a constricted notion of religion on the part of the courts, combined with a pervasive cultural predisposition towards land as private property, marred the Constitutional analysis of the courts to deprive the Native American plaintiffs of religious liberty.

Brown looks at four cases, which raised the issue at the federal district and appellate court levels, centered on lands in Tennessee, Utah, South Dakota, and Arizona; then it considers a fifth case regarding land in northwestern California, which ultimately went to the U.S. Supreme Court. In all cases, the author identifies serious deficiencies in the judicial evaluations. The lower courts applied a conception of religion as a set of beliefs and practices that are discrete and essentially separate from land, thus distorting and devaluing the fundamental basis of the tribal claims. It was this reductive fixation of land as property, implicit in the rulings of the first four cases, that became explicitly sanctioned and codified in the Supreme Court's decision in "Lyng v. Northwest Indian Cemetery Protective Association" of 1988. In reaching such a position, the Supreme Court injudiciously engaged in a policy determination to protect government land holdings, and did so through a shocking repudiation of its own long established jurisprudential procedure in cases concerning the free exercise of religion.

A study of gult from the 13th century to 1910 revealing much about the history of highland Christian Ethiopia. Gult, a system of land tenure encompassing both taxation and tribute, is unique to highland Ethiopia. It was through this that Ethiopian states and their rulers affected the lives of ordinary people. US, Canada & rest of world (exc. UK, Commonwealth & Europe) : University of Illinois Press Ethiopia: Addis Ababa University Press

Launched in 1993, The Common Core of European Private law is the oldest ongoing collective comparative law efort in Europe. Putting cases at their heart, each book in this series analyses a selected legal topic on the basis of real and fctional facts across diferent European and other jurisdictions. The likely outcome of the decision and its underlying legal rules are clearly set out case by case and jurisdiction by jurisdiction. In addition, the national reporters put the respective legal rules into the relevant cultural context. In this way, the collaborative efort brings not only the inner structures of national laws in Europe to the fore, but also the diferent cultural sensitivities forging their development in the frst place. It allows a reliable map of what is diferent and what is common in the various private laws across Europe to be drawn, without any specifc agenda for or against the further harmonisation of private law in Europe. The series comprises more than 20 volumes of work of more than 300 academics and is an invaluable tool to understand private law across Europe. In this book, which is part of the Common Core of European Private Law series, reporters consider legal institutions - such as the well-known acquisitive prescription and adverse possession - that allow squatters and other persons who have occupied the private or public land of others to acquire that land through mere long-term use. Rules permitting such acquisition have existed since Roman times and are said to promote legal certainty as regards ownership of land. The reporters investigate how these rules work in their legal systems today and whether this justifcation still holds water, especially given that land is now registered in most countries. Registration seems to obviate the necessity for rules permitting acquisition of land through mere long-term use, as land registration systems create clarity as to who owns the land. The continued existence of these rules also comprises a human-rights dimension. Landowners enjoy constitutional property protection under many constitutions and other legal instruments. The loss of protected ownership draws the constitutional validity of rules on long-term use into question. Yet, the rights to housing and human dignity are also relevant, especially where such users have lived on the land for extended periods and regard it as their home or where they are vulnerable to landlessness. As such, these rights must be balanced against each other. The reporters represent 19 jurisdictions from all over the world, including civil law, common law and mixed legal systems, and are from both the global north and the global south. A comparison between these legal systems and their experience with their rules on long-term use reveals a common core and guidelines against which these rules may be measured in other countries. As such, this book will be valuable to practitioners dealing with both private and public law, academic lawyers and government ofcials tasked with land use planning. With contributions by Miriam Anderson (University of Barcelona), Michel Boudot (Universite de Poitiers), Dmitry Dozhdev (Moscow School of Social and Economic Sciences), Magdalena Habdas (University of Silesia in Katowice), Karoline Rakneberg Haug (Norwegian Parliamentary Ombud for Scrutiny of the Public Administration), Bjoern Hoops (University of Groningen), Eran S. Kaplinsky (University of Alberta), John A. Lovett (Loyola University New Orleans College of Law), Ernst J. Marais (University of Johannesburg), Francesco Mezzanotte (University of Roma Tre), Matti Ilmari Niemi (University of Eastern Finland), Alasdair Peterson (University of Glasgow), Hector Simon (University Rovira i Virgili, Tarragona), Jozef Stefanko (University of Trnava), Johan Van de Voorde (University of Antwerp), Filippo Valguarnera (Stockholm University), Leon Verstappen (University of Groningen), Emma J.L. Waring (University of York) and Una Woods (University of Limerick).

During the Standing Rock Sioux protest against the Dakota Access Pipeline, an activist observed, "Forced removal isn't just in the history books." Sabine N. Meyer concurs, noting the prominence of Indian Removal, the nineteenth-century policy of expelling Native peoples from their land, in Native American aesthetic and political praxis across the centuries. Removal has functioned both as a specific set of historical events and a synecdoche for settler colonial dispossession of Indigenous communities across hemispheres and generations. It has generated a plethora of Native American writings that negotiate forms of belonging-the identities of Native collectives, their proprietary relationships, and their most intimate relations among one another. By analyzing these writings in connection with domestic settler colonial, international, and tribal law, Meyer reveals their coherence as a distinct genre of Native literature that has played a significant role in negotiating Indigenous identity. Critically engaging with Native Removal writings across the centuries, Meyer's work shows how these texts need to be viewed as articulations of Native identity that respond to immediate political concerns and that take up the question of how Native peoples can define and assert their own social, cultural, and legal-political forms of living, being, and belonging within the settler colonial order. Placing novels in conversation with nonfiction writings, Native Removal Writing ranges from texts produced in response to the legal and political struggle over Cherokee Removal in the late 1820s and 1830s, to works written by African-Native writers dealing with the freedmen disenrollment crisis, to contemporary speculative fiction that links the appropriation of Native intangible property (culture) with the earlier dispossession of their real property (land). In close, contextualized readings of John Rollin Ridge, John Milton Oskison, Robert Conley, Diane Glancy, Sharon Ewell Foster, Zelda Lockhart, and Gerald Vizenor, as well as politicians and scholars such as John Ross, Elias Boudinot, and Rachel Caroline Eaton, Meyer identifies the links these writers create between historical past, narrative present, and political future. Native Removal Writing thus testifies to both the ongoing power of Native Removal writing and its significance as resistance.

This book explains how one man swindled his Andean village twice. The first time he extorted everyone's wealth and disappeared, leaving the village in shambles. The village slowly recovered through the unlikely means of converting to Evangelical religions, and therein reestablished trust and the ability to work together. The new religion also kept villagers from exacting violent revenge when this man returned six years later. While hated and mistrusted, this same man again succeeded in cheating the villagers. Only this time it was for their lands, the core resource on which they depended for their existence. This is not a story about hapless isolation or cruel individuals. Rather, this is a story about racism, about the normal operation of society that continuously results in indigenous peoples' impoverishment and dependency. This book explains how the institutions created for the purpose of exploiting Indians during colonialism have been continuously revitalized over the centuries despite innovative indigenous resistance and epochal changes, such as the end of the colonial era itself. The ethnographic case of the Andean village first shows how this institutional set up works through-rather than despite-the inflow of development monies. It then details how the turn to advanced capitalism-neoliberalism-intensifies this racialized system, thereby enabling the seizure of native lands.

"Klein's excellent survey of these realities and dynamics will remain an important brief for decision-makers in the future."--"The Journal of Israeli History"

"A book of considerable weight and an important contribution to the growing genre of political studies in Jerusalem."
-- Michael Dumper," Journal of Palestine Studies"

Jerusalem, which means "city of peace," is one of the most bitterly contested territories on earth. Claimed by two peoples and sacred to three faiths, for the last three decades the city has been associated with violent struggle and civil unrest. As the peace negotiations between the Palestinians and Israelis reach their conclusion, the final, and most difficult issue is the status of Jerusalem. How and to what extent will these two nations share this city? How will Christians, Muslims and Jews in Jerusalem and around the world redefine their relationship to Jerusalem when the dust settles on the final agreement? Will the Israelis and Palestinians even be able to reach an agreement at all?

Menachem Klein, one of the leading experts on the history and politics of Jerusalem, cuts through the rhetoric on all sides to explain the actual policies of the Israelis and Palestinians toward the city. He describes the "facts on the ground" that make their competing claims so fraught with tension and difficult to reconcile. He shows how Palestinian national institutions have operated clandestinely since the Israelis occupied the eastern half of the city, and how the Israelis have tried to suppress them. Ultimately, he points the way toward a compromise solution but insists that the struggle for power and cultural recognition will likely continue to be apermanent feature of life in this complicated, multi-cultural city.

'The countryside ought to be for everyone, and this beautiful, thoughtful companion can help us all start to forge paths into the forgotten corners of our green, pleasant and often inaccessible land' Catrina Davies, author of Homesick The Trespasser's Companion is a rallying cry for greater public access to nature and a gently seditious guide to how to get it: by trespassing. We are excluded from the majority of our land and waterways in England, but bestselling writer Nick Hayes shows how reclaiming our connection to nature would be better both for us, and for nature. By stepping over the fences that bar us from the countryside, by engaging more deeply with nature through craft, education, and citizen science, we can rediscover not only a land that has been hidden from us for too long, but also reignite our collective responsibility to protect it. Interwoven are testimonials from expert contributors - farmers and landworkers, activists and authors - each with deeply personal stories of what a connection to nature means for them. With exquisite woodcut illustrations throughout, this is both a love letter to our land and a call to action. 'The Trespasser's Companion is many things at once: a how-to guide; a spell book; a call to arms' Kerri Andrews, author of Wanderers

Contrasting the views of Native Americans and European Americans, this book provides a fresh look at the rhetoric behind the westward movement of the American frontier. From George Armstrong Custer and Andrew Jackson to Helen Hunt Jackson, the volume gives the views of well-known Anglo-Americans and contrasts them with views of such well-known Native Americans as Metacom, Sitting Bull, Tecumseh, and Black Hawk. Organized around major subthemes regarding the land, who should own it, and what ownership means, the book traces the rhetoric of the 17th, 18th, and 19th centuries, then covers current issues in the words of Oren Lyons, Vine Deloria Jr., and Senator Slade Gorton. The core of the debate in this volume is the taking of the continental United States from native peoples by European immigrants. In chapters revolving around major subthemes, the book develops biographies of significant figures in the history of a continent changing hands. What was George Armstrong Custer's view of Native American culture? How did this view contrast with that of his contemporary and antagonist at the Little Big Horn, Sitting Bull? This book is the first to present and contract the views on both sides of the debate.

This thesis provides a new approach to the Ethiopian Land Law debate. The basic argument made in this thesis is that even if the Ethiopian Constitution provides and guarantees common ownership of land (together with the state) to the people, this right has not been fully realized whether in terms of land accessibility, enjoyability, and payment of fair compensation in the event of expropriation. Expropriation is an inherent power of the state to acquire land for public purpose activities. It is an important development tool in a country such as Ethiopia where expropriation remains the only method to acquire land. Furthermore, the two preconditions of payment of fair compensation and existence of public purpose justifications are not strictly followed in Ethiopia. The state remains the sole beneficiary of the process by capturing the full profit of land value, while paying inadequate compensation to those who cede their land by expropriation. Secondly, the broader public purpose power of the state in expropriating the land for unlimited activities puts the property owners under imminent risk of expropriation.

The politics of domination with which the United States oppresses and exploits the Native Nations, is a violation of the intentions of the framers of the Constitution, and the meaning of the text itself. The arguments of the advocates of the genocide of the 1830s and their appeasers have come to determine the law, policy, and conduct of the United States, while the arguments of the opponents of what came to be known as the Trail of Tears have largely been forgotten, at least among non-Native people. By recovering these arguments, and allowing readers to explore large questions of law, justice, genocide, and politics in a context closely tethered to empirical evidence and careful argument, this book should facilitate more widespread understanding of the Native Nations' rights to their treaty-guaranteed dominion over their own lands and perhaps help open communication between the American people and the peoples of the Native Nations; communication on which the emergence of what Martin Luther King, Jr. called "the beloved community" depends. Arguments over Genocide aims to reach a broad audience of college students, in courses on American History, Indigenous Studies, and the United States and the World, as well as in more specialized upper division courses on constitutional law, American/European imperialism, and resistance, independence, and decolonization movements. Individuals interested in the founding of the United States, in the Trail of Tears, and in 19th century American history should find the work compelling, as should legal practitioners in the field.

This book investigates a phenomenon in world politics that is largely overlooked by scholars, namely entities lacking international recognition of their status as independent states. It includes case studies on the Eurasian Quartet, Kosovo, Somaliland, Palestine, Northern Cyprus, Western Sahara and Taiwan.

Unlike many who separate environmental from other social issues in their analyses of the locally unwanted land use (LULU) problem, O'Looney argues that the issues are really connected and must be addressed jointly. He frames the question this way: What is the appropriate distribution of land development rights and responsibilities overall?, then offers an answer based on Madison's conception of property and Jefferson's ideas about small-scale democracy. In doing so O'Looney examines the ideological roots of the NIMBY-LULU problem and the various zoning, land-use, and antidiscrimination policies that have been created to solve it. A thoughtful study for corporate and public executives, who need new ways to reconcile economic development with other social needs, and an innovative, challenging analysis for the public policy experts and political scientists who advise them.

As a young boy, Raja Shehadeh was entranced by a forbidden Israeli postage stamp in his uncle's album, intrigued by tales of a green land beyond the border.He couldn't have known then what Israel would come to mean to him, or to foresee the future occupation of his home in Palestine. Later, as a young lawyer, he worked to halt land seizures and towards peace and justice in the region. During this time, he made close friends with several young Jewish Israelis, including fellow thinker and searcher Henry. But as life became increasingly unbearable under in the Palestinian territories, it was impossible to escape politics or the past, and even the strongest friendships and hopes were put to the test.

Brave, intelligent and deeply controversial, in this book award-winning author Raja Shehadeh explores the devastating effect of occupation on even the most intimate aspects of life. Looking back over decades of political turmoil, he traces the impact on the fragile bonds of friendship across the Israel-Palestine border, and asks whether those considered bitter enemies can come together to forge a common future.

In the aftermath of World War II, approximately three million Sudeten-Germans were expelled from their homes in the former Czechoslovakia because of their part in the dismemberment of the Czechoslovak Republic by Nazi Germany in 1938-39. For many years their representatives, the Sudeten-German Association, attempted in vain to redress the wrong done to their people. However, the end of the Cold War has given a new impetus to their campaign. Currently they attempt to block Czech entry into the EU unless there is restitution of confiscated properties. Jürgen Tampke tells the story of the Sudeten-Germans from the beginning of their settlement 700 years ago in what is now the Czech Republic to current times.

A small, poverty-stricken California Indian Tribe, the Cabazon Band of Mission Indians, successfully fought a long legal battle for the right to operate the business of their choice on their barren reservation-a gambling casino. This is their story, the authorized history of their epic struggle, climaxing with their victory in a 1987 ruling by the U.S. Supreme Court, the now-famous Cabazon Decision. Their defeated opponents included California's City of Indio and County of Riverside (called one of the most racist in the U.S. by a non-Indian resident) as well as California and 29 other states that joined California's appeal.

This is also the fascinating story of the role played by a white family and its radical, socialist patriarch that helped create one of the world's most capital-intensive industries and triggered today's Indian Gaming Explosion throughout America. Hundreds of hours of taped interviews and years of documents, meeting records, and official correspondence are analyzed to give the reader a clear picture of the impact of this new massive capital on tribal life and the development of a possible future without gambling-as officials in league with Nevada and Atlantic City gambling interests continue their efforts to destroy Indian gaming. The Buffalo, literal and symbolic figure of earlier Indian financial independence, has returned in a new form-cash cow casinos.

Protecting the Property Rights of Refugees and Internally Displaced Persons: Beyond Restitution pursues a rigorous examination of the various ways in which the protection of housing and property rights can contribute to durable solutions to displacement. The focus of most of the international community's recent protection efforts has been on returning displaced persons to their homes following armed conflict. However, this focus on return has come at the expense of considering other possible durable solutions, particularly in cases of protracted displacement. In this book, Anneke Smit chronicles the failure of the international community's attempts to promote widespread return through establishing housing and property restitution mechanisms. Drawing on a variety of displacement situations, and referring throughout to international human rights and refugee law, property law and theory, and sociological and anthropological literature on displacement and the meaning of home', she argues that a housing and property policy which supports integration in the communities where refugees and internally displaced persons find themselves after conflict is likely to represent a more effective and sustainable approach than a singular focus on return. Protecting the Property Rights of Refugees and Internally Displaced Persons is based on extensive academic research, including fieldwork, as well as more than a decade of the author's practical experience working on displacement issues with government, international organisation and NGO actors. It will be of considerable interest to those with academic and policy interests in the rights of refugees and displaced persons.

This book constitutes volume one of a two volume examination of development community land issues in Southern Africa. In this volume, Ben Chigara undertakes a holistic inter-disciplinary evaluation of the legitimacy of colonial and emergent post-colonial rule property rights in affected States of the Southern African Development Community (SADC). It particularly focuses on intensifying litigation in national courts, the SADC Tribunal, and more recently the Washington based International Centre for the Settlement of Investment Disputes (ICSID) regarding counter claims to title to property. The book examines cultural, economic and political drivers at the core of SADC land issues, focusing on their significance and potential to contribute to the discovery of a new, sustainable land relations policy that guarantees social justice in the distribution of all the advantages and disadvantages relating to the allocation and use of land. Chigara shows that persistent systematic administrative failures by pre-colonial, colonial and post-colonial authorities have made for a very complex challenge that requires Solomonic tools that neither the Courts alone, nor human rights centric morality alone could resolutely attend. The book recommends a sophisticated systematic new approach to SADC land issues, which is developed in volume two, Re-conceiving Property Rights in the New Millennium. This book will be of great interest to students and researchers of Property and Conveyancing Law, Human Rights Law and Land Law.

Who has rights to forests and forest resources? In recent years governments in the South have transferred at least 200 million hectares of forests to communities living in and around them . This book assesses the experience of what appears to be a new international trend that has substantially increased the share of the world's forests under community administration. Based on research in over 30 communities in selected countries in Asia (India, Nepal, Philippines, Laos, Indonesia), Africa (Burkina Faso, Cameroon, Ghana) and Latin America (Bolivia, Brazil, Guatemala, Nicaragua), it examines the process and outcomes of granting new rights, assessing a variety of governance issues in implementation, access to forest products and markets and outcomes for people and forests . Forest tenure reforms have been highly varied, ranging from the titling of indigenous territories to the granting of small land areas for forest regeneration or the right to a share in timber revenues. While in many cases these rights have been significant, new statutory rights do not automatically result in rights in practice, and a variety of institutional weaknesses and policy distortions have limited the impacts of change. Through the comparison of selected cases, the chapters explore the nature of forest reform, the extent and meaning of rights transferred or recognized, and the role of authority and citizens' networks in forest governance. They also assess opportunities and obstacles associated with government regulations and markets for forest products and the effects across the cases on livelihoods, forest condition and equity.Published with CIFOR

This book describes the encounter between the common law legal system and the tribal peoples of North America and Australasia. It is a history of the role of anglophone law in managing relations between the British settlers and indigenous peoples. That history runs from the plantation of Ireland and settlement of the New World to the end of the Twentieth century. The book begins by looking at the nature of British imperialism and the position of non-Christian peoples at large in the Seventeenth and Eighteenth centuries. It then focuses on North America and Australasia from their early national periods in the Nineteenth century to the modern era. The historical basis of relations is described through the key, enduring, but constantly shifting questions of sovereignty, status and, more latterly, self-determination. Throughout the history of engagement with common law legalism, questions surrounding the settler-state's recognition - or otherwise - of the integrity of the tribe have recurred. These issues were addressed in many and varied imperial and colonial contexts, but all jurisdictions have shared remarkable historical parallels which have been accentuated by their common legal heritage. The same questioning continues today in the renewed and controversial claims of the tribal societies to a distinct constitutional position and associated rights of self-determination. Mc Hugh examines the political resurgence of aboriginal peoples in the last quarter of the Twentieth century. A period of 'rights-recognition' was transformed into a second-generation jurisprudence of rights-management and rights-integration. From the 1990s onwards, aboriginal affairs have been driven by an increasingly rampant legalism. Throughout this history, the common law's encounter with tribal peoples not only describes its view of the aboriginal, but also reveals a considerable amount about the common law itself as a language of thought. This is a history of the voyaging common law.

What constitutes a resource, and how do people make claims on them? In the context of a burgeoning discourse of property, these are vital questions. Rationales of Ownership offers conceptual clarification in the context of material, intellectual and cultural resources in Papua New Guinea. The volume is a result of a major research project headed by Marilyn Strathern and Eric Hirsch, and brings together contributions from social anthropology and law. The approaches demonstrated, and conclusions reached, build upon recent understandings developed within Melanesian anthropology, but have far wider significance. The first publication sold out in Papua New Guinea due to the relevance of its approach and contents to lawyers and policy makers in that country. It is here made available to a wider readership, particularly those teaching courses on resource development, cultural and intellectual property, contemporary Pacific societies, environmental degradation, and property itself. ADVANCE PRAISE '...a unique contribution to the discipline's voice in contemporary global debates...this volume represents the best of the comparative, ethnographic tradition providing critical insight into difference and similarity on issues that entangle us all in various degrees of responsibility and care. It will be read by anthropologists, policy makers and all academic and non-academic students of what has come to be seen as the test area of the survival of cultural difference.' Marta Roahtynskyj, University of Guelph Lawrence Kalinoe is Professor and Executive Dean in the School of Law, University of Papua New Guinea. James Leach is Research Fellow, King's College and Associate Lecturer, Department of Social Anthropology, University of Cambridge.