This book explores the political process by which property rights are defined and enforced in two traditional states in colonial Ghana. The case studies within the book ask how colonial institutions transformed indigenous political and economic life; and how colonization and decolonization affected prospects for future economic development and stability in Africa. The introductory chapter outlines a theory of the transformation of property rights systems. The remaining empirical chapters refine this theory through a detailed analysis of the transformation of property rights within an African context. These chapters draw explicitly on rational choice theories to analyse indigenous actors' attempts to redefine and enforce property rights to land by 'reinventing' the traditions of their respective communities. These theories help to understand why property rights systems across Africa remain fluid and insecure.

John Marshall's landmark 1823 decision in Johnson v. M'Intosh gave the European sovereigns who "discovered" North America rights to the land, converting Native Americans in one stroke into mere tenants. In 1991, while investigating the historical origins of this highly controversial decision, Lindsay Robertson made a startling find in the basement of a Pennsylvania furniture-maker--the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in the case. Drawing on these records, Conquest by Law provides, for the first time, a complete and troubling account of collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which led to the massive displacement of Native Americans and the creation of a law that governs indigenous people to this day.

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.

In this book, Thomas Buoye examines the impact of large-scale economic change on social conflict in eighteenth-century China. He draws upon a large body of actual, documented homicide cases originating in property disputes to recreate the social tensions of rural China during the Qianlong reign (1736-95). The development of property rights, a process that had begun in the Ming dynasty, was accompanied by other changes that fostered disruption and conflict, including an explosion in the population growth and the increasing strain on land and resources, and increasing commercialization in agriculture. Buoye challenges the 'markets' and 'moral economy' theories of economic behaviour. Applying the theories of Douglass North for the first time to this subject, he uses an institutional framework to explain seemingly irrational economic choices. Buoye examines demographic and technological factors, ideology, and political and economic institutions in rural China to understand the link between economic and social change.

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.

This volume addresses the marked influence that African borders and boundaries, whether real or imaginary, have on the lives of those inhabiting the borderland. How do political and symbolic borders take concrete shape, and how do they bear on daily life? Conversely, how does life in the borderland shape the borders that characterize it? The book recognizes borderlands as shifting places, times, or domains where competing discourses and regimes of power overlap. Characterized by overt contradiction and paradox, they are often imagined at the outside. Yet, they pertain to and define the center. The collected case studies challenge the assumption that states and anonymized institutions are the principal actors in border-making. Instead, they argue for an actor-oriented perspective, while drawing attention to the "physicality" of the borderscape. (Series: African Studies / Afrikanische Studien - Vol. 40)

A century after the 1913 Natives' Land Act, there remains a land crisis in South Africa. How are we to understand the many dimensions of this crisis so that we can realistically move beyond the current inertia? The starting point for this book is that the current land reform policies in the country fail to take this colonial context of division and exclusion into account. As a result, there is an abiding land crisis in South Africa. The book examines the many dimensions of this crisis in urban areas, commercial farming areas and communal areas. It argues for a fundamental change in approach to move beyond the impasse in both policy and thinking about land. Of particular importance is that social movements have a critical role to play in charting a new course, both in respect of access to land and in influencing broader policy options. Struggles from below are crucial for rethinking purely statistic efforts at land reform and the book grapples with the interplay between oppositional campaigns of social movements and the state's policies and responses. Essentially, the book argues that in South Africa the 1994 transition from apartheid to democracy has not translated into a process of decolonisation. In fact, the very bases of colonialism and apartheid remain intact, since racial inequalities in both access to and ownership of land continue today. With state-driven attempts at land reform having failed to meet even their own targets, a fundamental change in approach is necessary for South Africa to move beyond the deadlock that prevails between the objectives of the policy, and the means for realising them. It is also necessary to question the targets set for land redistribution: Will these really assist in changes for the majority?

Originally published in 1997, The Political Economy of Property Rights reports on comparative research into the transformation of property rights in post-communist countries and China. Two important theoretical questions unify the contributions: what aspects of political systems give credibility to systems of property rights? What can be learned from the transformation of property rights in post-communist countries about the large-scale change of economic institutions? The contributors consider the credibility of property rights as arising from the strategic interaction of political and economic actors, and they apply this perspective and test its implications using a variety of qualitative and quantitative methods. Overall, the volume demonstrates the value of coordinated cross-national research by area specialists sharing a common focus on questions of political economy.

Exploring the political process by which property rights are defined and enforced in two traditional states in colonial Ghana, this work features case studies which ask how colonial institutions transformed indigenous political and economic life, and how colonization and decolonization affected prospects for future economic development and stability in Africa. The introductory chapter outlines a theory of the transformation of property rights system. The remaining empirical chapters refine this theory through a detailed analysis of the transformation of property rights within an African context. These chapters draw explicitly on rational choice theories to analyze indigenous actors' attempts to redefine and enforce property rights to land by reinventing the traditions of their respective communities. These theories try to help readers to understand why property rights systems across Africa remain fluid and insecure.

In this book the author examines the problems encountered in negotiations among claimants and the political and economic considerations that influence property rights arrangements. The histories of mineral rights, rights to range and timber land, and fishery and crude oil production rights in the United States are examined and reveal a surprising variety of contractual negotiations and economic outcomes. The author concludes that in addition to an analysis of distributional outcomes, an examination of the details of the political bargaining underlying property rights contracts is essential to an understanding of why rights emerge as they do. The book is an important contribution to both property rights theory and to American economic history.

'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.

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.
Drinking the Sea at Gaza maps the zones of ordinary Palestinian life. From her friends, Hass learns the secrets of slipping across sealed borders and stealing through night streets emptied by curfews. She shares Gaza's early euphoria over the peace process and its subsequent despair as hope gives way to unrelenting hardship. But even as Hass charts the griefs and humiliations of the Palestinians, she offers a remarkable portrait of a people not brutalized but eloquent, spiritually resilient, bleakly funny, and morally courageous.
Full of testimonies and stories, facts and impressions, Drinking the Sea at Gaza makes an urgent claim on our humanity. Beautiful, haunting, and profound, it will stand with the great works of wartime reportage, from Michael Herr's Dispatches to Rian Malan's My Traitor's Heart.

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.

In sub-Saharan Africa, property relationships around land and access to natural resources vary across localities, districts and farming regions. These differences produce patterned variations in relationships between individuals, communities and the state. This book captures these patterns in an analysis of structure and variation in rural land tenure regimes. In most farming areas, state authority is deeply embedded in land regimes, drawing farmers, ethnic insiders and outsiders, lineages, villages and communities into direct and indirect relationships with political authorities at different levels of the state apparatus. The analysis shows how property institutions - institutions that define political authority and hierarchy around land - shape dynamics of great interest to scholars of politics, including the dynamics of land-related competition and conflict, territorial conflict, patron-client relations, electoral cleavage and mobilization, ethnic politics, rural rebellion, and the localization and 'nationalization' of political competition.

Blood Will Tell reveals the underlying centrality of blood in shaping official ideas about who was eligible to be defined as Indian by the General Allotment Act in the United States. Katherine Ellinghaus traces the idea of blood quantum and how the concept came to dominate Native identity and national status between 1887 and 1934 and how related exclusionary policies functioned to dispossess Native people of their land. The U.S. government's unspoken assumption at the time was that Natives of mixed descent were undeserving of tribal status and benefits, notwithstanding that these people played crucial roles in the national implementation of allotment policy. Ellinghaus explores on-the-ground case studies of Anishinaabeg, Arapahos, Cherokees, Eastern Cherokees, Cheyennes, Chickasaws, Choctaws, Creeks, Lakotas, Lumbees, Ojibwes, Seminoles, and Virginia tribes. Documented in these cases, the history of blood quantum as a policy reveals assimilation's implications and legacy. The role of blood quantum is integral to understanding how Native Americans came to be one of the most disadvantaged groups in the United States, and it remains a significant part of present-day debates about Indian identity and tribal membership. Blood Will Tell is an important and timely contribution to current political and scholarly debates.

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.

Many outside South Africa imagine that after Mandela was freed and the ANC won free elections all was well. But the last two decades have led to increased poverty and inequality. Although a few black South Africans have become wealthy, for many the struggle against apartheid never ended because the ethos of apartheid continues to live. Early in 2007 hundreds of families living in shacks in Cape Town were moved into houses they had been waiting for since the end of apartheid. But soon they were told that the move had been illegal and they were kicked out of their new homes. They built shacks next to the road opposite the housing project and hundreds organised themselves into the Symphony Way Anti-Eviction Campaign, vowing to stay on the road until the government gave them permanent housing. This anthology is both testimony and poetry. There are stories of justice miscarried, of violence domestic and public, of bigotry and xenophobia. But amid the horror there is beauty: relationships between aunties, husbands, wives and children; daughters named Hope and Symphony. This book is a means to dignity, a way for the poor to reflect and be reflected. It is testimony that there's thinking in the shacks, that there are humans who dialogue, theorise and fight to bring about change.

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.

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.

The institution of property is as old as mankind, and property rights are today deemed vital to a prosperous economic system. Much has been written in the last decade on the economics of the legal institutions protecting such rights. This unprecedented book provides a magnificent introduction to the subject. Terry Anderson and Fred McChesney have gathered twelve leading thinkers to explore how property rights arise, and how they bolster economic development. As the subtitle indicates, the book examines as well how controversies over valuable property rights are resolved: by agreement, by violence, or by law.

The essays begin by surveying the approaches to property taken by early political economists and move to colorful applications of property rights theory concerning the Wild West, the Amazon, endangered species, and the broadcast spectrum. These examples illustrate the process of defining and defending property rights, and demonstrate what difference property rights make. The book then considers a number of topics raised by private property rights, analytically complex topics concerning pollution externalities, government taking of property, and land use management policies such as zoning.

Overall, the book is intended as an introduction to the economics and law of property rights. It is divided into six parts, with each featuring an introduction by the editors that integrates prior chapters and material in coming chapters. In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. With chapters written by noted experts on the subject, "Property Rights " offers the first primer on the subject ever produced. In addition to the editors, the contributors are Louise De Alessi, Yoram Barzel, Harold Demsetz, Thrainn Eggertsson, Richard A. Epstein, William A. Fischel, David D. Haddock, Peter J. Hill, Gary D. Libecap, Dean Lueck, Edwin G. West, and Bruce Yandle."

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.

Land has been a dominant theme in modern Irish history, extending to political and cultural issues as well as permeating social and economic ones.

This book examines the history of reforms and major state interventions affecting Russian agriculture: the abolition of serfdom in 1861, the Stolypin reforms, the NEP, the Collectivization, Khrushchev reforms, and finally farm enterprise privatization in the early 1990s. It shows a pattern emerging from a political imperative in imperial, Soviet, and post-Soviet regimes, and it describes how these reforms were justified in the name of the national interest during severe crises - rapid inflation, military defeat, mass strikes, rural unrest, and/or political turmoil. It looks at the consequences of adversity in the economic environment for rural behavior after reform and at long-run trends. It has chapters on property rights, rural organization, and technological change. It provides a new database for measuring agricultural productivity from 1861 to 1913 and updates these estimates to the present. This book is a study of the policies aimed at reorganizing rural production and their effectiveness in transforming institutions.

Access to land and property is vital to people's livelihoods in rural, peri-urban, and urban areas in Africa. People exert tremendous energy to have land claims recognized as rights with a variety of political, administrative, and legal institutions. This book provides a detailed analysis of how public authority and the state are formed through debates and struggles over property in the Upper East Region of Ghana. While scarcity may indeed promote exclusivity, the evidence from this book shows that when there are many institutions competing for the right to authorize claims to land, the result of an effort to unify and clarify the law is to intensify competition among them and weaken their legitimacy. The book explores how state divestiture of land in 1979 encouraged competition between customary authorities and how the institution of the earthpriest was revived. Such processes are key to understanding property and authority in Africa.