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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > Land rights
Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futures addresses property and land title as central mechanisms governing access to communally-held land and resources. The collection assesses the effectiveness of property law and tenure models developed around concepts of individual ownership, for achieving long-term environmental and economic sustainability for indigenous peoples and local communities. It explores the momentum for change in the international realm, and then develops a comparative focus across Australia, North America, Africa, Peru, New Zealand and the Pacific region, examining the historical and current impacts of individuation of title on the customary law and practice of indigenous peoples and local communities. Themes of property, privatisation and sustainable communities are developed in theoretical analyses and case studies from these jurisdictions. The case studies throw into sharp relief how questions of land law and resources management should not be separated from wider issues about the long-term viability of communities. Comparative analysis allows consideration of how western models of land tenure and land title might better accommodate the exercise of traditional practices of indigenous peoples and local communities, while still promoting autonomy, choice and economic development. This volume will be of interest to scholars and professionals working in the fields of property law, land reform, policy and planning, indigenous law and customary law, environmental sustainability, development and resource management.
In 1993, amira hass, a young Israeli reporter, drove to Gaza to cover a story-and stayed, the first journalist to live in the grim Palestinian enclave so feared and despised by most Israelis that, in the local idiom, "Go to Gaza" is another way to say "Go to hell." Now, in a work of calm power and painful clarity, Hass reflects on what she has seen in Gaza's gutted streets and destitute refugee camps.
In the context of sustainable development, recent land debates tend to construct two porous camps. On the one side, norms of land justice and their advocates dictate that people's rights to tenure security are tantamount and even sometimes key to successful conservation practice. On the other hand, biodiversity protection and conservation advocates, supported by global environmental organizations and states, remain committed to conservation strategies, steeped in genetics and biological sciences, working on behalf of a "global" mandate for biodiversity and climate change mitigation. Land Rights, Biodiversity Conservation and Justice seeks to illuminate struggles for land and territory in the context of biodiversity conservation. This edited volume explores the particular ideologies, narratives and practices that are mobilized when the agendas of biodiversity conservation practice meet, clash, and blend with the demands for land and access and control of resources from people living in, and in close proximity to, parks. The book maintains that, while biodiversity conservation is an important goal in a time where climate change is a real threat to human existence, the successful and just future of biodiversity conservation is contingent upon land tenure security for local people. The original research gathered together in this volume will be of considerable interest to researchers of development studies, political ecology, land rights, and conservation.
The complex relationships between ethno-nationality, rights to land, and territorial sovereignty have long fed disputes over territorial control and landed rights between different nations, ethnicities, and religions. These disputes raise a number of interesting issues related to the nature of land regimes and to their economic and political implications. The studies drawn together in this key volume explore these and related issues for a broad variety of countries and times. They illuminate the diverse causes of ethno-national land disputes, and the different forms of adjustment and accommodation to the power differences between the contesting groups. This is done within a framework outlined by the editors in their analytical overview, which offers contours for comparative examinations of such disputes, past and present. Providing conceptual and factual analyses of comparative nature and wealth of empirical material (both historical and contemporary), this book will appeal to economic historians, economists, political scientists, sociologists, anthropologists and all scholars interested in issues concerning ethno-nationality and land rights in historical perspective.
The politics of land are vital. They stretch from fights over fracking, gentrification, and taxation to land grabs, dispossession, and border conflicts. And they raise crucial questions about power, authority, violence, populism, and neoliberalism. This volume of Research in Political Sociology seeks to carve out a renewed political sociology of land, bringing together classic questions about the state, commodification, and social change and contemporary studies of contentious land use in various parts of the world. An introductory essay sketches foundations for a political sociology of land and specifies what is unique about land in comparison to other political objects. Chapters are based on highly original qualitative, quantitative, and/or historical analyses to shed light on numerous dimensions of land politics. They include analyses of anti-fracking campaigns, property tax caps, and "green gentrification" in the United States, soil protection regulation in Europe, squatter settlements in Peru, land grabs in peri-urban China and rural Senegal, violent expulsions in Colombia, and the privatization of property rights in Morocco. The volume brings together high quality, peer-reviewed research, opens up novel comparisons, and enriches theories of the state, commodification, and collective resistance.
The failure to include gender in the economic history of rural development has severely limited our understanding of privatizing, collectivist and colonial economic policies that disrupted and transformed the lives of rural women and men in the modern world. This book is unique in its focus on female economic agency, and in its exploration of the latter virtue in comparative historical perspective. It presents the apparently disparate cases of 17th-century England, 20th-century Russia and the Soviet Union, and 20th-century Kenya, as their top-down modernization projects were implemented in similar fashion --particularly in the case of women. The female half of the population was largely absent from contemporary economic databases, but nevertheless stereotyped as obstacles to rational economic decision-making. Introducing rural women and their innovations into male-centered narratives of economic history lays the foundation for a more demographically balanced and realistic understanding of rural behavior and rural development. In this study, women's labor and land claims are the lens through which both female agency and the delegitimizing of women's land claims become more visible. Both policy-makers and their leading critics deployed virtually identical language to describe backward, unruly and invariably "unsightly" peasant women.
Good land policy provides a diversity of land uses with plural property relations. No single kind of property rules fits the purposes of all types of land uses. Neither is a de-tached single family house like a community garden, nor a highway like a retail chain. Each land use needs its own property "fingerprint." The concept of Western ownership works with home ownership, but fails with community gardens, highways, or retail chains. Western ownership also fails in informal settings, particularly in the global South, although informality does not at all entail the absence of property relations. In everyday practice, private and common property relations often accommodate a wide variety of demands made by the owners and users of land. In a stark contrast, many theories of property and land policy fail to recognize plural property relations. The polyrational theory of planning and property reconciles practice and theory.
From a neo-liberal, neo-classical paradigm, secure, formal and private property rights are crucial to fostering sustained development. Institutions that fail to respond to shifting socio-economic opportunities are thus forced to make new arrangements. The enigma is posed by developments on the ground. Why would the removal of authoritarian institutions during the Arab Spring or Iraq War not increase market efficiency but rather cause the reverse, while China and India, despite persisting insecure, informal and common institutions, featured sustained growth? This collection posits that understanding these paradoxes requires a refocusing from form to function, detached from normative assumptions about institutional appearance. In so doing, three things are accomplished. First, starting from case studies on land, it is ascertained that the argument can be meaningfully extended to labour, capital and beyond. Second, the argument validates the 'Credibility Thesis' - that is, once institutions persist, they fulfil a function. Third, the collection studies 'development, broadly construed', by including the modes of production and beyond, the rural and urban, the developed and developing. This is why it reviews property rights from China and India, to Turkey, Mexico and Malaysia, covering issues such as customary rights and privatization, mining and pastoralism, dam-building and irrigation, but also state-owned banks, trade unions and notaries. This book was originally published as a special issue of The Journal of Peasant Studies.
Drawing on two years of ethnographic research in the north-eastern borderlands of Bangladesh, this book focuses on the everyday struggles of indigenous farmers threatened with losing their land due to such state programmes as the realignment of the national border, ecotourism, social forestry and the establishment of a military cantonment. In implementing these programmes, state actors challenge farmers' right to land, instituting spaces of violence in which multiple forms of marginalisation overlap and are reinforced. Mapping how farmers react to these challenges emotionally and practically, the book argues that these land conflicts serve as a starting point for existentially charged disputes in which the survival efforts of farmers clash with the political imaginations and practices of the nation-state. The analysis shows that losing land represents more than being deprived of a material asset: it is nothing less than the extinction of ways of life.
Southeast Asia has been portrayed as a key site in the global land grab. Featuring leading scholars in the field, this collection critically examines the nature and extent of land grabbing in Southeast Asia, and seeks to locate this phenomena in broader agrarian and environmental transitions (AET). The individual contributions suggest that there is little evidence of a global land grab in Southeast Asia, but that over the last ten years the surge of plantations and processes of land grabbing has been a key feature in the region. The collection considers how broader AET processes may be brought more clearly into focus by decentring land grabbing, including consideration of its absence as well presence. The diversity of cases in this collection coalesces around the productive tension in land grab studies between global capitalist processes on the one hand, and context-specificity and contingent motivations fuelling the expansion of large-scale plantations for oil palm, rubber, cassava and other cash crops, on the other hand. The contributors further broaden the entry points to consider cross-sectoral AET processes such as enclosures for mining, conservation and hydropower and explore the contingencies that help to maintain smallholder production. The chapters originally published as a special issue in The Journal of Peasant Studies.
"The Treaty of Waitangi" is the founding document of New Zealand, a subject of endless discussion and controversy, and is at the centre of many of this nations major events, including the annual Waitangi Day celebrations and protests. Yet many New Zealanders lack the basic information on the details about the Treaty.
Interrogates the narratives of "land grabbing" and "agricultural investment" through detailed local studies that illuminate how these are experienced on the ground and the implications for Africa's land and agricultural economy. Africa has been at the centre of a "land grab" in recent years, with investors lured by projections of rising food prices, growing demand for "green" energy, and cheap land and water rights. But such land is often also used or claimed through custom by communities. What does this mean for Africa? In what ways are rural people's lives and livelihoods being transformed as a result? And who will control its land and agricultural futures? The case studies explore the processes through which land deals are being made; the implications for agrarian structure, rural livelihoods and food security; and the historical context of changing land uses, revealing that these land grabs may resonate with, even resurrect, forms of large-scale production associated with the colonial and early independence eras. The book depicts the striking diversity of deals and dealers: white Zimbabwean farmers in northern Nigeria,Dutch and American joint ventures in Ghana, an Indian agricultural company in Ethiopia's hinterland, European investors in Kenya's drylands and a Canadian biofuel company on its coast, South African sugar agribusiness in Tanzania's southern growth corridor, in Malawi's "Greenbelt" and in southern Mozambique, and white South African farmers venturing onto former state farms in the Congo. Ruth Hall is Associate Professor at the Institute for Poverty, Land and Agrarian Studies (PLAAS) at the University of the Western Cape, South Africa; Ian Scoones is a Professorial Fellow at the Institute of Development Studies (IDS) at the University of Sussex and Director of the ESRC STEPS Centre; Dzodzi Tsikata is Associate Professor at the Institute of Statistical, Social and Economic Research (ISSER) at the University of Ghana, Legon.
First published in 1995. In this study, the author provides a lively and accessible account of the failure of the legal regime to protect the environment. Elizabeth Brubaker explores how legal reliance on property rights has been useful in opposing pollution of land and water. This title will be of interest to students of Environmental Studies, as well as to all those interest in a more secure future for the environment.
Originally published in 1963 this volume surveys various aspects of the complex relations between rights in land, social organization and economic interests in tropical Africa. The papers - in English and French but with summaries in the other language - analyse case studies illustrating the various basic factors and problems connected with land in Tropical Africa. Indigenous systems of tenure and their adaptation to commercial agriculture, the balance between rights and obligations of groups and individuals, and the authority and duties of chiefs and headmen are discussed in detail for many different areas. Against this background important contributions are made towards the better understanding of problems raised by economic and political development, population increase, migration and scarcity of land.
Security of land tenure for the urban poor is now a major problem for developing cities in Africa, Asia and Latin America. This book presents and analyzes the main conclusions of a comparative research programme on land tenure issues. It looks at how solutions can be found and implemented to respond to the demands and needs of the majority of squatters and informal settlements, and analyzes how urban stakeholders, with different social, legal and economic constraintes, find innovative and flexible solutions. The book is intended to fill a gap in the literature on comparative research on tenure policies and should be useful to reserachers and professionals involved in defining and instigating tenure upgrading policies and programmes.
This collection of cutting-edge articles focuses on recent shifts
in thinking about land rights, particularly as they relate to
women. Leading feminist scholars in the field provide searching
treatment of the long-neglected subject of gender and access to
land.
The articles are introduced and contextualized by Shahra Razavi.
She weaves together the findings and arguments of contributions
which look at the implications of the current neoliberal policy
agenda for a number of specific regions. Topics covered range from
policy discussions about women's land rights in sub-Saharan Africa
to land tenure reforms and women's interests in Tanzania; and from
new prospects with respect to gender and land rights in India, to
agrarian reform to rural social movements and women's land rights
in Brazil.
This is a timely collection, in which careful empirical analysis is presented with analytical power and clarity. The papers are provocative, refreshingly original and richly informative.
It is the barbed wire entanglement that tortures yet frees in the long story of this small island on 'the dark edge of Europe'. It defined the national struggle for independence far more than any other single issue. The famine between 1845 and 1850 killed a million of the island's population of 8 million and drove another million into exile. This event chopped Irish history in half, demonstrating as nothing else could that without security of tenure for a normal life span you were at the mercy of landowners. This book is not about the famine, but about the key event that followed it: the extraordinary redistribution of land from mainly aristocratic landed estates to small farmers. This redistribution took over 150 years, from famine's end to the closure of the Land Commission in 1999, and was achieved with some civility and far less violence than the actual independence struggle itself. Who Owns Ireland is a startling expose of Ireland's most valuable asset: its land. Kevin Cahill's investigations reveal the breakdown of ownership of the land itself across all thirty-two counties, and show the startling truth about the people and institutions who own the ground beneath our feet.
Inalienable Properties explores contrasting approaches to property rights by four Indigenous communities to illustrate how inalienability - restrictions on the ability to buy and sell land - is linked to community leadership and decision-making structures that have long-lasting consequences for communities. Drawing on new research about institutional change in organizational settings, Jamie Baxter explores when and how community leaders have sustained inalienable land rights without turning to either persuasion or coercive force - the two levers of power normally associated with political leadership. He also challenges the view that liberalized land markets are the inevitable result of legal and economic change.
The modern Middle East often seems like a web of problems none of which has proven more intractable over the last half century than the Israeli-Arab conflict. One of the core issues is the Israeli claim to ownership of modern-day real estate based on ancient stories that have been enshrined in scripture, promoted by politicians, and buttressed by Hollywood. In this book two revisionist thinkers expose what they argue are the tenuous underpinnings of these claims. Was the Exodus of scripture actually a Hebrew exodus. Was the Moses depicted by Charlton Heston actually a Hebrew leader? Or were they echoes of a much earlier exodus of Hyksos, the invasive people to first conquer and reign over Egyptians? The authors argue that neither Moses nor the Hebrews were in Egypt until around 1000 BCE -- 500 years after the earlier Exodus is known to have taken place. They go on to sift through research of an Hyksos evacuation of Egypt led by an Eastern leader who is far different than the Moses with whom we are familiar.
In Colombia, since the 1990s, thousands of Afro-descendants have benefited from collective land rights. However, many peasants have been violently displaced in order to introduce industrial crops, while several other groups of peasants resisted these agribusiness land grabs. This book examines the layered inequalities in this process and analyzes the various paradoxes of recent Colombian development policies: the agribusiness expansions through land grabs; the land and labor conflicts that have overlapped in regions with agribusiness; and both the Afro-descendants and mestizos demand for land rights. (Series: Politics, Community and Society in a Globalized World / Politik, Gemeinschaft und Gesellschaft in einer globalisierten Welt - Vol. 16)
Nearly fifty years ago, the Bureau of Reclamation proposed building
a dam at the confluence of two rivers in Central Arizona. While the
dam would bring valuable water to this arid plain, it would also
destroy a wildlife habitat, flood archaeological sites, and force
the Yavapai Indians off their ancestral home. "The Struggle for
Water" is not only the fascinating story of this controversial and
ultimately thwarted public works project but also a study of
rationality as a cultural, organizational, and political construct.
Land is one of the world's most emotionally resonant resources, and control over it is fundamental to almost all human activity. From the local level to the global, we are often in conflict over the ground beneath our feet. But because human relationships to land are so complex, it can be difficult to think them through in a unified way. This path-breaking book aims to change that by combining insights from multiple disciplines to develop a framework for understanding the geopolitics of land today.Struggles over land, argues Derek Hall, relate to three basic principles: its role as territory, its status as property, and the ways in which its use is regulated. This timely introduction explores key dimensions of these themes, including inter-state wars over territory, the efforts of non-governmental organizations to protect property rights and environments in the global South, and the 'land grabs' attempted by contemporary corporations and governments. Drawing on a wide range of cases and examples - from the Afghanistan-Pakistan border to the Canadian Arctic, China's urban fringe to rural Honduras - the book provides new ways of thinking about the political dynamics of land in the 21st century.This richly detailed and authoritative guide will be of interest to students across the social sciences, as well as anyone interested in current affairs and contemporary geopolitics. |
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