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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.
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 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.
This book challenges this conventional wisdom that land claims and co-management - two of the most visible and celebrated elements of this restructuring the relationship between Aboriginal peoples and the Canadian state - will help reverse centuries of inequity. Based on three years of ethnographic research in the Yukon, the author examines the complex relationship between the people of Kluane First Nation, the land and animals, and the state. This book moves beyond conventional models of colonialism, in which the state is treated as a monolithic entity, and instead explores how "state power" is reproduced through everyday bureaucratic practices - including struggles over the production and use of knowledge.
A leading group of scholars examine the circumstances under which central states might change their shape in responding to ethnic upheavals and regionalist demands. A systematic approach is applied to a country-by-country approach examining in turn most of the key areas of state boundary disputes in the contemporary world.
Thomas Buoye examines the impact of large-scale economic change on social conflict in eighteenth-century China. He draws on a large number of documented cases of violent property disputes to recreate the social tensions fostered by the development of property rights, an unprecedented growing population, and the increasing strain on land and resources. This book challenges the "markets" and "moral economy" theories of economic behavior. Applying the theories of Douglass North for the first time to this subject, Buoye uses an institutional framework to understand seemingly irrational economic choices.
Exploring the dynamics of development and dependency, this book traces the experience of Taiwan under Japanese colonial rule. Chih-ming Ka shows how, unlike in other sugar-producing colonies, Taiwan was able to sustain its indigenous family farms and small-scale rice millers, who not only survived but thrived in competition with Japanese sugar capital. Focusing on Taiwan's success, the author reassesses theories of capitalist transformation of colonial agriculture and reconceptualizes the relationship between colonial and indigenous socioeconomic and political forces. Considering the influence of sugar on the evolution of family farms and the contradictory relationship between sugar and rice production, he explores the interplay of class forces to explain the unique experience of colonial Taiwan.
The military coup that brought General Pervez Musharraf to power as Pakistan's tenth president resulted in the abolition of a century-old sharecropping system that was rife with corruption. In its place the military regime implemented a market reform policy of cash contract farming. Ostensibly meant to improve living conditions for tenant farmers, the new system, instead, mobilized one of the largest, most successful land rights movements in South Asia-still active today. In The Ethics of Staying, Mubbashir A. Rizvi presents an original framework for understanding this major social movement, called the Anjuman Mazarin Punjab (AMP). This group of Christian and Muslim tenant sharecroppers, against all odds, successfully resisted Pakistan military's bid to monetize state-owned land, making a powerful moral case for land rights by invoking local claims to land and a broader vision for subsistence rights. The case of AMP provides a unique lens through which to examine state and society relations in Pakistan, one that bridges literatures from subaltern studies, military and colonial power, and the language of claim-making. Rizvi also offers a glimpse of Pakistan that challenges its standard framing as a hub of radical militancy, by opening a window into to the everyday struggles that are often obscured in the West's terror discourse.
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.
Conflicts over land are frequent across the African continent, ranging from local disputes amongst urban squatters to large-scale challenges to the prevailing political order. Loaded with economic, symbolic and emotional significance, land is often at the epicentre of violence and, concurrently, of any attempts to develop sustainable solutions to conflicts. The struggle over land in Africa compellingly analyses the role of land as a place and source of conflict, especially in relation to policy issues, crisis management and post-war/post-conflict reconstruction. While highlighting the diverse and critical nature of land disputes in Africa, the title draws attention to the complex root causes of these disputes - a complexity that is often neglected - and to the challenges they present for governance of both state and market. By adopting a continental perspective, the various chapters compare responses to internal crises across a range of African countries and regions. With authors from the academic, diplomatic, political and civil sectors, this book is the essential reference on the debate about land issues in Africa.
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.
'A formidable, brave and important book' Robert Macfarlane Who owns England? Behind this simple question lies this country's oldest and best-kept secret. This is the history of how England's elite came to own our land, and an inspiring manifesto for how to open up our countryside once more. This book has been a long time coming. Since 1086, in fact. For centuries, England's elite have covered up how they got their hands on millions of acres of our land, by constructing walls, burying surveys and more recently, sheltering behind offshore shell companies. But with the dawn of digital mapping and the Freedom of Information Act, it's becoming increasingly difficult for them to hide. Trespassing through tightly-guarded country estates, ecologically ravaged grouse moors and empty Mayfair mansions, writer and activist Guy Shrubsole has used these 21st century tools to uncover a wealth of never-before-seen information about the people who own our land, to create the most comprehensive map of land ownership in England that has ever been made public. From secret military islands to tunnels deep beneath London, Shrubsole unearths truths concealed since the Domesday Book about who is really in charge of this country - at a time when Brexit is meant to be returning sovereignty to the people. Melding history, politics and polemic, he vividly demonstrates how taking control of land ownership is key to tackling everything from the housing crisis to climate change - and even halting the erosion of our very democracy. It's time to expose the truth about who owns England - and finally take back our green and pleasant land.
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.
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.
Histories of rights have too often marginalized Native Americans and African Americans. Correcting this lacuna, Native Land Talk expands our understanding of freedom by examining rights theories that indigenous and African-descended people(s) articulated in the eighteenth and nineteenth centuries. As settlers began to distrust the entitlements that the English used to justify their rule, the colonized and the enslaved formulated coherent logical narratives of freedom and belonging. By anchoring rights in nativity, they countered settlers' attempts to confine Indian rights to the past and reduce slaves born in America to property. Drawing on a plethora of texts, including petitions, letters, newspapers, and official records, Yael Ben-zvi analyzes nativity's unsettling potential and its discursive and geopolitical implications.
"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.
This book delivers new conceptual and empirical studies surrounding the design and evaluation of land governance, focusing on land management approaches, land policy issues, advances in pro-poor land tenure and land-based gender concerns. It explores alternative approaches for land management and land tenure through international experiences. Part 1 covers Concepts, debates and perspectives on the governance and gender aspects of land. Part 2 focuses on Tenure-gender dimensions in land management, land administration and land policy. It deals with land issues within the interface of theory and practice. Part 3 covers Applications and experiences: techniques, strategies, tools, methods, and case studies. Part 4 focuses on Land governance, gender, and tenure innovations. Case studies discussed include China, Ethiopia, Ghana, Lesotho, Germany, Mexico, Mozambique, Rwanda, South Korea, etc. Themes include Islamic tenure, reverse migration, matriarchy/matrilineal systems, structural inequality, tenure-responsive planning, land-related instabilities and COVID-19, urban-rural land concerns, women's tenure bargaining, tenure-gender nexus concerns in developing and developed countries. This book: * Includes theoretical or empirical studies on land governance and gender from a diverse group of countries. * Provides the basis for a new land administration theory to be set against conventional land administration approaches. * Offers, in an accessible manner, a range of new tools for design and evaluation of land management interventions. The book will be valuable for students and researchers in land governance, urban and rural planning, international development,natural resource management, agriculture, community development, and gender studies. It is also useful for land practitioners, including those working within international organizations.
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.
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.
Carried out by the government of the shah between 1962 and 1971, the Iranian land reform was one of the most ambitious such undertakings in modern Middle Eastern history. Yet, beneath apparent statistical success, the actual accomplishments of the program, in terms of positive benefits for the peasantry, were negligible. Later, the resulting widespread discontent of thousands of Iranian villagers would contribute to the shah's downfall. In the first major study of the effects of this widely publicized program, Eric Hooglund's analysis demonstrates that the primary motives behind the land reform were political. Attempting to supplant the near-absolute authority of the landlord class over the countryside, the central government hoped to extend its own authority throughout rural Iran. While the Pahlavi government accomplished this goal, its failure to implement effective structural reform proved to be a long-term liability. Hooglund, who conducted field research in rural Iran throughout the 1970s and who witnessed the unfolding of the revolution from a small village, provides a careful description of the development of the land reform and of its effects on the main groups involved: landlords, peasants, local officials, merchants, and brokers. He shows how the continuing poverty in the countryside forced the migration of thousands of peasants to the cities, resulting in serious shortages of agricultural workers and an oversupply of unskilled urban labor. When the shah's government was faced with mass opposition in the cities in 1978, not only did a disillusioned rural population fail to support the regime, but thousands of villagers participated in the protests that hastened the collapse of the monarchy.
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.
Emptied Lands investigates the protracted legal, planning, and territorial conflict between the settler Israeli state and indigenous Bedouin citizens over traditional lands in southern Israel/Palestine. The authors place this dispute in historical, legal, geographical, and international-comparative perspectives, providing the first legal geographic analysis of the "dead Negev doctrine" used by Israel to dispossess and forcefully displace Bedouin inhabitants in order to Judaize the region. The authors reveal that through manipulative use of Ottoman, British and Israeli laws, the state has constructed its own version ofterra nullius. Yet, the indigenous property and settlement system still functions, creating an ongoing resistance to the Jewish state.Emptied Lands critically examines several key land claims, court rulings, planning policies, and development strategies, offering alternative local, regional, and international routes for justice. |
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