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.

This book explores tribal land alienation problems in India and tribal agitation against land encroachment and alienation. It discusses India's tribal land problem and explains how despite legislation to protect tribal lands, the problem has not been resolved since neither the letter nor the spirit of the law has been implemented. Due to continuous land encroachment and alienation by outsiders, the negligence of the revenue administration and the apathy of the central and state government, the situation concerning tribal land in the country have became precarious. In this context, the book highlights the process of land estrangement among the tribes and the related movements, focusing on the Narayanpatna land movement in the Koraput district of Odisha. It argues that land remains a central issue that is extremely important for tribes as it directly affects their life, livelihood, freedom and development, and that the cultural attachment of tribes and their views regarding the idea of 'place' (land) furnishes crucial perspectives in understanding the politics of collective resistance. It also discusses the politicization of group identity and material interest against the outside authority as the basis of the unrest among the tribes, and when the grudges of the people are hardened due to insensitivity and tyranny, the extent of tribal resistance escalates, leading to conflict between the state and its own people. Given its scope, this book is a valuable resource for students and research scholars, as well as for policymakers and anyone interested in Indian democracy and development in general, and tribal problems, issues and politics in particular.

Examines the new challenges facing Africa's pastoral drylands from large-scale investments and how this might affect the economic and political landscape for the regions affected and their peoples. More than ever before, the gaze of global investment has been directed to the drylands of Africa, but what does this mean for these regions' pastoralists and other livestock-keepers and their livelihoods? Will those who have occupied drylands over generations benefit from the developments, as claimed, or is this a new type of territorialisation, exacerbating social inequality? This book's detailed local studies of investments at various stages of development - from Kenya, Tanzania, Somaliland, Ethiopia - explore, for the first time, how large land, resource and infrastructure projects shape local politics and livelihoods. Land and resources use, based on ancestral precedenceand communal practices, and embedded regional systems of trade, are unique to these areas, yet these lands are now seen as the new frontier for development of national wealth. By examining the ways in which large-scale investmentsenmesh with local political and social relations, the chapters show how even the most elaborate plans of financiers, contractors and national governments come unstuck and are re-made in the guise of not only states' grand modernist visions, but also those of herders and small-town entrepreneurs in the pastoral drylands. The contributors also demonstrate how and why large-scale investments have advanced in a more piecemeal way as the challenges of implementation have mounted. JEREMY LIND is Research Fellow at the Institute of Development Studies (IDS), University of Sussex. DORIS OKENWA holds a PhD in Anthropology from the London School of Economics. IAN SCOONES is a Professorial Fellow at the IDS, University of Sussex and co-director of the ESRC STEPS Centre.

This book explores an interdisciplinary field at the intersection of gender and development studies, disaster and land tenure policy. It is well known that women generally have weaker claims to land. But how does that translate to increased vulnerability during disaster? Using case studies from Asia, this book argues that land tenure is a key factor in mitigating the impact of disasters on women. The scale and frequency of disasters have been increasing in recent decades due to human impact on the landscape and climate. Unsustainable farming and land management systems have increased environmental risks and social vulnerabilities. However, around the world the costs of disasters are disproportionately borne by women, due largely to their reduced mobility and lack of control over assets. In post-disaster settings, women's vulnerabilities increase due to gendered rescue and rehabilitation practices. As such, a gendered approach to land rights is critical to disaster preparedness and recovery.

The America Ground: 81/2 acres of Hastings town centre that in the early nineteenth century was an open section of beach, apparently beyond the borough boundary and with no obvious owner. Free from the rules of local authority and taxes, this almost lawless area was gradually occupied by a thousand or more people, many of them squatters, who lived and worked there - until they were all evicted by the government in 1835. This is the story of that beach, which became almost 'independent' of the ancient town (like America had of England), but ultimately played a crucial role in expanding the old fishing port into a modern seaside resort.

As China is transformed, relations between society, the state, and the city have become central. The Great Urban Transformation investigates what is happening in cities, the urban edges, and the rural fringe in order to explain these relations. In the inner city of major metropolitan centers, municipal governments battle high-ranking state agencies to secure land rents from redevelopment projects, while residents mobilize to assert property and residential rights. At the urban edge, as metropolitan governments seek to extend control over their rural hinterland through massive-scale development projects, villagers strategize to profit from the encroaching property market. At the rural fringe, township leaders become brokers of power and property between the state bureaucracy and villages, while large numbers of peasants are dispossessed, dispersed, and deterritorialized, and their mobilizational capacity is consequently undermined. The Great Urban Transformation explores these issues, and provides an integrated analysis of the city and the countryside, elite politics and grassroots activism, legal-economic and socio-political issues of property rights, and the role of the state and the market in the property market.

How American westward expansion was governmentally engineered to promote the formation of a white settler nation Westward expansion of the United States is most conventionally remembered for rugged individualism, geographic isolationism, and a fair amount of luck. Yet the establishment of the forty-eight contiguous states was hardly a foregone conclusion, and the federal government played a critical role in its success. This book examines the politics of American expansion, showing how the government's regulation of population movements on the frontier, both settlement and removal, advanced national aspirations for empire and promoted the formation of a white settler nation. Building an American Empire details how a government that struggled to exercise plenary power used federal land policy to assert authority over the direction of expansion by engineering the pace and patterns of settlement and to control the movement of populations. At times, the government mobilized populations for compact settlement in strategically important areas of the frontier; at other times, policies were designed to actively restrain settler populations in order to prevent violence, international conflict, and breakaway states. Paul Frymer examines how these settlement patterns helped construct a dominant racial vision for America by incentivizing and directing the movement of white European settlers onto indigenous and diversely populated lands. These efforts were hardly seamless, and Frymer pays close attention to the failures as well, from the lack of further expansion into Latin America to the defeat of the black colonization movement. Building an American Empire reveals the lasting and profound significance government settlement policies had for the nation, both for establishing America as dominantly white and for restricting broader aspirations for empire in lands that could not be so racially engineered.

The rights of minorities are becoming increasingly important, especially in the context of enlargement of the European Union, yet there are remarkably few treaties dealing with minority rights under international law. One of these is the Council of Europe's Framework Convention for the Protection of National Minorities. This volume provides the first expert commentary on the Convention, which is the principal international document establishing minority rights in a legally binding way. Many minority rights such as those to political participation, non-assimilation, and the use of native languages are not incorporated in other major Human Rights agreements. The Convention is therefore often taken to be the leading standard in the international law of minority rights. This commentary offers a detailed article-by-article analysis of the Convention, by a group of international legal experts in minority rights. Their commentary draws upon the Convention's negotiating history and implementation practice, in addition to examining the pronouncements of the Advisory Committee, which is the implementation body attached to the treaty. It offers a clear sense of the concrete meaning of the provisions of the Convention to scholars, students, and members of minority rights groups.

The rights of minorities are becoming increasingly important, especially in the context of enlargement of the European Union, yet there are remarkably few treaties dealing with minority rights under international law. One of these is the Council of Europe's Framework Convention for the Protection of National Minorities. This volume provides the first expert commentary on the Convention, which is the principal international document establishing minority rights in a legally binding way. Many minority rights such as those to political participation, non-assimilation, and the use of native languages are not incorporated in other major Human Rights agreements. The Convention is therefore often taken to be the leading standard in the international law of minority rights. This commentary offers a detailed article-by-article analysis of the Convention, by a group of international legal experts in minority rights. Their commentary draws upon the Convention's negotiating history and implementation practice, in addition to examining the pronouncements of the Advisory Committee, which is the implementation body attached to the treaty. It offers a clear sense of the concrete meaning of the provisions of the Convention to scholars, students, and members of minority rights groups.

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.

This is the first detailed "grass roots" account of Uzbekistan's protracted decollectivisation process. It explores continuity and the change in relations between rural communities, agricultural producers, and the local state authorities in the cotton-growing region of Khorezm. Built up during the Soviet period, the cotton sector has maintained its importance for the state and for rural communities in the years following independence, although economic parameters and social conditions have worsened significantly. Uzbekistan's agricultural reform path does not follow that of most post-socialist scenarios and continuity with the past remains strong. Despite seeming immobility, the local view on rural society presented in this book unveils an unexpectedly dynamic situation, characterized by shifts in patronage relations, struggles over legitimacy, and transformations in family structure and community life. Poised between the state, their communities, and an emerging stratum of absentee farm "sponsors," the focus is on the new farmers ("fermer") and their struggles for a place in rural society. What emerges from decollectivisation is a complexly articulated new agrarian concern: its new inequalities are rooted in the political economy of cotton. (Series: Halle Studies in the Anthropology of Eurasia - Vol. 23)

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.

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.

This volume takes a fresh look at the land question in India. Instead of re-engaging in the rich transition debate in which the transformation of agriculture is seen as a necessary historical step to usher in dynamic capitalist (or socialist) development, this collection critically examines the centrality of land in contemporary development discourse in India. Consequently, the focus is on the role of the state in pushing a process of dispossession of peasants through direct expropriation for developmental purposes such as acquisition of land by (local) states for infrastructure development and to support accumulation strategies of private business through industrialization. Land in India is sought for non-agricultural purposes such as purchasing land to reduce risk and real estate development. Land is also central to tribal communities (adivasis), whose livelihoods depend on it and on a moral economy that is independent of any price-driven markets. Adivasis tend to hold on to such property, not as individual owners for profit, but for collective security and to protect a way of life. Thus land, notwithstanding its role in the accumulation process, has been, and continues to be, a turbulent arena in which classes, castes, and communities are in conflict with each other, with the state, and with capital, jockeying to determine the terms and conditions of land transactions or their prevention, through both market and non-market mechanisms. The volume goes beyond the traditional political economy of the agrarian transition question, and deals with, inter alia, distributional conflicts arising from acquisition of land by the state for capital accumulation on the one hand and its commodification on the other. It provides new analytical insights into the land acquisition processes, their legal-institutional and ethical implications, and the multifaceted regional diversity of acquisition experiences in India.

Hugo Blanc is Peru's best-known revolutionary. A leader of the indigenous people of the Andes, he was born in 1934 in Cusco, the former Inca capital. He is a lifelong environmental campaigner in defence of the natural riches of the Andean region and beyond. In the 1960s he led a successful armed peasant uprising demanding land rights. He was placed on death row and released only after a huge international campaign supported by Jean Paul Sartre. In exile in Chile he was lucky to escape death after the 1973 coup. More recently Hugo Blanco was a Presidential candidate and was elected as a Senator in Peru. He was exiled to Mexico, where he was influenced by the Zapatistas. Still politically active today, he publishes the newspaper Lucha Indigena (Indigenous Struggle). This engaging political biography will survey the life of this unassuming but compelling activist - a guerrilla fighter praised by Che Guevara, one- time member of the Fourth International - from the 1960s to the present. It is a story of ideas and activism: surveying Hugo Blanco's views on defence of the environment, social and political movements, indigenous peoples, left governments and political strategy. Hugo Blanco is one of the most significant activists and ecosocialist thinkers in the world today.

Millions of people all over the world have been displaced from their homes and property. Dispossessed individuals and communities often lose more than the physical structures they live in and their material belongings, they are also denied their dignity. These are dignity takings, and land dispossessions occurring in South Africa during colonialism and apartheid are quintessential examples. There have been numerous examples of dignity takings throughout the world, but South Africa stands apart because of its unique remedial efforts. The nation has attempted to move beyond the more common step of providing reparations (compensation for physical losses) to instead facilitating dignity restoration, which is a comprehensive remedy that seeks to restore property while also confronting the underlying dehumanization, infantilization, and political exclusion that enabled the injustice. Dignity restoration is the fusion of reparations with restorative justice. In We Want Whats Ours, Bernadette Atuahenes detailed research and interviews with over one hundred and fifty South Africans who participated in the nations land restitution program provide a snapshot of South Africas successes and failures in achieving dignity restoration. We Want What's Ours is globally relevant because dignity takings have happened all around the world and throughout history: the Nazi confiscation of property from Jews during World War II; the Hutu taking of property from Tutsis during the Rwandan genocide; the widespread commandeering of native peoples property across the globe; and Saddam Husseins seizing of property from the Kurds and others in Iraq are but a few examples. When people are deprived of their property and dignity in years to come, the lessons learned in South Africa can help governments, policy makers, scholars, and international institutions make the transition from reparations to the more robust project of dignity restoration.

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.
In the 1970s, the three groups most intimately involved in the Orme Dam--younger Bureau of Reclamation employees committed to "rational choice" decision making, older Bureau engineers committed to the dam, and the Yavapai community--all found themselves and their values transformed by their struggles. Wendy Nelson Espeland lays bare the relations between interests and identities that emerged during the conflict, creating a contemporary tale of power and colonization, bureaucracies and democratic practice, that asks the crucial question of what it means to be "rational."

M?ori fishing rights were guaranteed by the Treaty of Waitangi, taken away by Crown actions, and, along with M?ori land rights and other grievances, contested throughout the 1970s and 1980s. Finally, after years of struggle in the courts, through the Waitangi Tribunal and in protests, M?ori fishing rights were restored. This book claims that four pou or elements significantly assisted in the recognition and eventual recovery of M?ori fishing rights: The Treaty of Waitangi; the courts; The Waitangi Tribunal and theresilience and tenacity of M?ori people, who never gave up fighting for what was right. The author argues that the strong tradition of fairness and justice in New Zealand society provided a platform for M?ori and P?keh? to support the four pou and address the injustices that included not only a denial of M?ori fishing rights but also a large number of others.

The U.S. Supreme Court ruling in Johnson v. McIntosh established the basic principles that govern American Indian property rights to this day. In the case, more than one Anglo-American purchaser claimed title to the same land in what is now southern Illinois. The Piankeshaw Indians had deeded the land twice-once to speculators in 1775, and again, thirty years later, to the United States by treaty. The Court decided in favor of William McIntosh, who had bought the land from the U.S. government. Writing for the majority, Chief Justice John Marshall declared that the "discovery" of America had given "exclusive title to those who made it"-namely, the European colonizers. According to Johnson, the Piankeshaws did not own what they thought was their land. Indeed, no Indian tribe did. Buying America from the Indians offers a comprehensive historical and legal overview of Native land rights since the European "discovery" of the New World. Watson sets the case in rich historical context. After tracing Anglo-American views of Native land rights to their European roots, Blake A. Watson explains how speculative ventures in Native lands affected not only Indian peoples themselves but the causes and outcomes of the French and Indian War, the American Revolution, and ratification of the Articles of Confederation. He then focuses on the transactions at issue in Johnson between the Illinois and Piankeshaw Indians, who sold their homelands, and the future shareholders of the United Illinois and Wabash Land Companies. The final chapters highlight the historical legacy of Johnson v. McIntosh on federal policy with regard to Indian lands. Taught to first-year law students as the root of title for real property in the United States, the case has also been condemned by the United Nations and others as a Eurocentric justification for the subjugation of North American indigenous peoples. Watson argues that the United States should formally repudiate the discovery doctrine set forth in Johnson v. McIntosh. The thorough backstory and analysis in this book will deepen our understanding of one of the most important cases in both federal Indian law and American property law.

The Khoisan of the Cape are widely considered virtually extinct as a distinct collective following their decimation, dispossession and assimilation into the mixed-race group 'coloured' during colonialism and apartheid. However, since the democratic transition of 1994, increasing numbers of 'Khoisan revivalists' are rejecting their coloured identity and engaging in activism as indigenous people. Based on long-term ethnographic fieldwork in Cape Town, this book takes an unprecedented bottom-up approach. Centring emic perspectives, it scrutinizes Khoisan revivalism's origins and explores the diverse ways Khoisan revivalists engage with the past to articulate a sense of indigeneity and stake political claims.

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.

Pastoralists, ranchers of European descent, conservationists, smallholders, and land investors with political influence converge on the Laikipia plateau in Kenya. Land is claimed by all - the tactics differ. Private property rights are presented, histories of presence are told, charges of immorality are applied, fences are electrified and some resort to violence. The region, marked by enclosures, is left as a tense fragmented frontier. Marie Gravesen embedded herself in the region prior to a wave of land invasions that swept the plateau leading up to Kenya's 2017 general election. Through a rich telling of the history of Laikipia's social, political and environmental dynamics, she invites a deeper understanding of the pre-election violence and general tensions as never done before. The manuscript is a revised version of the author's dissertation accepted by the Faculty of Arts and Humanities at the University of Cologne in 2018.

This book is about the largest peaceful redistribution of wealth in the history of mankind and the creation of the North Slope Borough. It is the behind-the-scenes goings-on of a few very determined Native men with the financial assistance of a compassionate law firm to seek justice for the Native people of Alaska. The battle began in 1920 and, although it had a significant victory with the Alaska Land Settlement of 1971, still goes on.