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

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

The redistribution of land has profound implications for women and for gender relations; however, gender issues have been marginalised from both theoretical and policy discussions of agrarian reform. This book presents an overview of gender and agrarian reform experiences globally. Jacobs highlights case studies from Latin America, Asia, Africa and eastern Europe and also compares agrarian and land reforms organised along collective lines as well as along individual household lines. This volume will be of interest to scholars in Geography, Womena (TM)s Studies, and Economics.

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

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 text provides an account of urban land reform in China, which is unique in merging the existing socialist landowner system with market mechanisms. The book starts with a historical account of the land tenure system in China followed by discussions of the reform in the frameworks of law, administration and finance. Contrasting case studies of the Shanghai land system and of Hong Kong after the end of British rule illustrate the impact of land reform in China's transition.

This book examines how property rights are linked to socio-economic progress and development. It also provides a theoretical analysis, an economic/social analysis of planning, case studies of the implementation of planning and regulation instruments, practices related to law and planning, analysis of case laws in a particular segment. The interconnection between property, law and planning is a running theme throughout the book. The land question has been central to South Asian development on two counts: First, although the majority of the population relies on agriculture and allied activities their livelihood, landholding is highly skewed; second, urban planning is facing unprecedented challenges due to bourgeoning property values as well as gush of migrants to cities seeking livelihood. The response to these challenges in the form of laws and policies has been very large compared to the academic attention that is received. However, the measures emerging from planning and policies have had limited impact on the extent of the problems. This paradox calls for serious introspection and academic engagement that this book undertakes. The book further deals with the emerging discipline of planning law, which determines property value and use, and argues that regulatory issues of public policy determine the property valuation and property pricing.

In this highly original book, Obert Bernard Mlambo offers a comparative and critical examination of the relationship between military veterans and land expropriation in the client-army of the first-century BC Roman Republic and veterans of the Zimbabwean liberation war. The study centres on the body of the soldier, the cultural production of images and representations of gender which advance theoretical discussions around war, masculinity and violence. Mlambo employs a transcultural comparative approach based on a persistent factor found in both societies: land expropriation. Often articulated in a framework of patriarchy, land appropriation takes place in the context of war-shaped masculinities. This book fosters a deeper understanding of social processes, adding an important new perspective to the study of military violence, and paying attention to veterans' claims for rewards and compensation. These claims are developed in the context of war and its direct consequences, namely expropriation, confiscation and violence. Land Expropriation in Ancient Rome and Contemporary Zimbabwe contributes to current efforts to decolonise knowledge construction by revealing that a non-Western perspective can broaden our understanding of veterans, war, violence, land and gender in classical culture.

First published in 1969. Routledge is an imprint of Taylor & Francis, an informa company.

An original, rigorously researched volume that questions long-accepted paradigms concerning land ownership and its use in Africa. Islam, Power, and Dependency in the Gambia River Basin draws on new sources to offer an original approach to the study of land in African history. Documenting the impact of Islamization, the development of peanut production, and the institution of colonial rule on people living along the middle and lower Gambia River, the book shows how these waves of changes sweeping the region after 1850 altered local political and social arrangements, with important implications for the ability of elites to control land. Author Assan Sarr argues for a nuanced understanding of land and its historic value in Africa. Moving beyond a recognition of the material value of land, Sarr'sanalysis highlights its cultural and social worth, pointing out the spiritual associations the land generated and the ways that certain people gained privileged access to those spiritual powers. By emphasizing that the land aroundthe Gambia River both inspired and gave form to a cosmology of ritual and belief, the book points to what might be considered an indigenous tradition of ecological preservation and protection. Assan Sarr is assistant professor of history at Ohio University.

Several studies have investigated the impetus and implications behind large-scale land acquisitions/deals at the global level; however, intranational factors within communities and societies have not received much attention from researchers. The Handbook of Research on In-Country Determinants and Implications of Foreign Land Acquisitions examines the economic, sociological, and environmental issues surrounding land transactions and the impact these deals may have on local households and communities. Focusing on international issues as well as domestic concerns, this publication is a useful reference for policymakers, academics, researchers, and advanced-level students in various disciplines.

In this book, Martin Bunton focuses on the way in which the Palestine Mandate was part of a broader British imperial administration - a fact often masked by Jewish immigration and land purchase in Palestine. His meticulous research reveals clear links to colonial practice in India, Sudan, and Cyprus amongst other places. He argues that land officials' views on sound land management were derived from their own experiences of rural England, and that this was far more influential on the shaping of land policies than the promise of a Jewish National Home.
Bunton reveals how the British were intent on preserving the status quo of Ottoman land law, which (when few Britons could read Ottoman or were well grounded in its legal codes) led to a series of translations, interpretations, and hence new applications of land law. The sense of importance the British attributed to their work surveying and registering properties and transactions, is captured in the efforts of British officials to microfilm all of their records at the height of the Second World War. Despite this however, land policies remained in flux.

This book presents current research in the political ecology of indigenous revival and its role in nature conservation in critical areas in the Americas. An important contribution to evolving studies on conservation of sacred natural sites (SNS), the book elucidates the complexity of development scenarios within cultural landscapes related to the appropriation of religion, environmental change in indigenous territories, and new conservation management approaches. Indigeneity and the Sacred explores how these struggles for land, rights, and political power are embedded within physical landscapes, and how indigenous identity is reconstituted as globalizing forces simultaneously threaten and promote the notion of indigeneity.

This study investigates how and why group ranch members in Kajiado District, Kenya, supported the subdivision of their collective landholdings into individual, titled units, and what outcomes resulted from this transition to individual rights. Viewed over a longer time scale, the author finds that politics is at the core of institutional change: land-owners increasingly seek exclusive rights in an effort to defend their land claims against threats of appropriation by the state, by Maasai elite, and by non-Maasai.

This book is an examination of post-colonial land reforms across various African states. One of the decisive contradictions of colonialism in Africa was the distortion of use, access to and ownership of land. Land related issues and the need for land reform have consistently occupied a unique position in public discourse in Africa. The post-colonial African states have had to embark on concerted efforts at redressing historical grounded land policies and addressing the growing needs of land by the poor. However, agitations for land continue, while evidence of policy gaps abound. In many cases, policy change in terms of land use, distribution and ownership has reinforced inequalities and affected power and social relations in respective post-colonial African countries. Land has assumed major causes of structural violence and impediments to human and rural development in Africa; hence the need for holistic assessment of land reforms in post-colonial African states. The central objective of the text is to identify post-independence and current trends in land reform and to address the grievances in relation to land use, ownership and distribution. The book suggests practicable policy options towards addressing the land hunger and conflict, which could derail the 'moderate' socio-economic achievements and political stability recorded by post-colonial African nation-states. The book draws its strength and uniqueness from its adoption of country-specific case studies, which places the book in context, and utilizes field studies methodology which generate new knowledge on the continental land question. Taking a holistic approach to understanding Africa's land question, this book will be attractive to academicians and students interested in policy and development, African politics, post-colonial development and policy, and conflict studies as well as policy-makers working in relevant areas.

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.

In the late nineteenth century Britain was one of the most urbanised societies in the world, yet land reform remained an important element in its politics. This book explores this paradox through an examination of the Liberal Party's increasing interest in the English dimension of the land question. Most historians have dismissed this phenomenon as a product of romantic views about the English countryside and Liberalism's failure to engage with the problems of urban society. In contrast, the author argues that English land reform was important to Liberals because it both expressed their deeply-held hostility to landowners and functioned as a variety of strategies to win electoral support and deal with pressing political issues. Moreover, while Liberals did not always benefit from their association with the land question, it became a matter of crucial significance in 1909-14, when Lloyd George unlocked its potential as an election-winning asset and used it to form a bridge between traditional radicalism and the New Liberalism.Dr IAN PACKER teaches in the School of Modern History at the Queen's University, Belfast.

New waves of land grabbing are working to dispossess peasants in both the Global South and the Global North. But peasants are fighting back. They have come together to contest dispossession through place-based and transnational forms of activism. In so doing, they have articulated a demand for food sovereignty. They claim that a democratically organized food system in which smallholder producers produce their own food on their own territory can feed the world whilst cooling the planet. This book explores practices of peasant resistance. Its aim is to show how grass roots peasant activists have been able to demand transnational social and political change. In the process, the book examines the grassroots forms of activism that enable peasants to reclaim land upon which to work and from which to live. It explores how diverse grass roots movements have been able to connect and unite in order to contest transnational dynamics of oppression. Moreover, it discusses how practices of peasant activism transform how we think, and ought to think, about human rights and global democracy. By also highlighting the problems that peasants continue to face, the book indicates that the future of sustainable peasant livelihoods depends on the will of global organizations and transnational society to not just listen to the voices of peasant activists, but to respond to them too.

New waves of land grabbing are working to dispossess peasants in both the Global South and the Global North. But peasants are fighting back. They have come together to contest dispossession through place-based and transnational forms of activism. In so doing, they have articulated a demand for food sovereignty. They claim that a democratically organized food system in which smallholder producers produce their own food on their own territory can feed the world whilst cooling the planet. This book explores practices of peasant resistance. Its aim is to show how grass roots peasant activists have been able to demand transnational social and political change. In the process, the book examines the grassroots forms of activism that enable peasants to reclaim land upon which to work and from which to live. It explores how diverse grass roots movements have been able to connect and unite in order to contest transnational dynamics of oppression. Moreover, it discusses how practices of peasant activism transform how we think, and ought to think, about human rights and global democracy. By also highlighting the problems that peasants continue to face, the book indicates that the future of sustainable peasant livelihoods depends on the will of global organizations and transnational society to not just listen to the voices of peasant activists, but to respond to them too.

Neo-Socialist Property Rights: The Predicament of Housing Ownership in China examines how urban dwellers' practices of acquiring and defending property rights reshape state-property-family relationality in China. Ubiquitous housing ownership has emerged together with a pervasive yet particularized rights discourse and practice in the past two decades. Ho Cheuk-Yuet considers them to be a condensation and vindication of the principles of family values and emergent "neo-socialist" governance. However, there are manifested and latent contradictions between rights as interests and rights as a moral principle. This book concludes that private property rights are at once enabling and disabling when understood in the light of both the rigorous pursuit of well-being in a market economy and the contestation by those who resist forced eviction or the infringement of owners' rights. In this book, Ho provides rarely available ethnographic record of the encounters between evictees and evictors engaged in housing demolition and approaches the topic of urban housing ownership from the investing perspective in contrast to most anthropologists' consumption-focus analysis. Neo-Socialist Property Rights links property rights practice to the broader human rights discourse as both a working hypothesis and a historical question.

Perhaps the most explosive issue in South Africa today is the question of land ownership. The central theme in this country’s colonial history is the dispossession of indigenous African societies by white settlers, and current calls for land restitution are based on this loss. Yet popular knowledge of the actual process by which Africans were deprived of their land is remarkably sketchy.

This book recounts an important part of this history, describing how the Khoisan and Xhosa people were dispossessed and subjugated from the time that Europeans first arrived until the end of the Cape Frontier Wars (1779–1878).

The Land Wars traces the unfolding hostilities involving Dutch and British colonial authorities, trekboers and settlers, and the San, Khoikhoin, Xhosa, Mfengu and Thembu people – as well as conflicts within these groups. In the process it describes the loss of land by Africans to successive waves of white settlers as the colonial frontier inexorably advanced. The book does not shy away from controversial issues such as war atrocities on both sides, or the expedient decision of some of the indigenous peoples to fight alongside the colonisers rather than against them.

The Land Wars is an epic story, featuring well-known figures such as Ngqika, Lord Charles Somerset and his son, Henry, Andries Stockenström, Hintsa, Harry Smith, Sandile, Maqoma, Bartle Frere and Sarhili, and events such as the arrival of the 1820 Settlers and the Xhosa cattlekilling. It is essential reading for anyone who wants to understand South Africa’s past and present.

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.

Land settlement schemes, sponsored by national governments and businesses, such as the Ford Corporation and the Hudson's Bay Company, took place in locations as diverse as the Canadian Prairies, the Dutch polders, and the Amazonian rainforests. This novel contribution evaluates a diverse range of these initiatives. By 1900, any land that remained available for agricultural settlement was often far from the settlers' homes and located in challenging physical environments. Over the course of the twentieth century, governments, corporations and frequently desperate individuals sought out new places to settle across the globe from Alberta to Papua New Guinea. This book offers vivid reports of the difficulties faced by many of these settlers, including the experiences of East European Jewish refugees, New Zealand soldier settlers and urban families from Yorkshire. This book considers how and why these settlement schemes succeeded, found other pathways to sustainability or succumbed to failure and even oblivion. In doing so, the book indicates pathways for the achievement of more economically, socially and environmentally sustainable forms of human settlement in marginal areas. This engaging collection will be of interest to individuals in the fields of historical geography, environmental history and development studies.

Reveals the impact of Tanzania's land law reforms and the ways in which women's rights to land ownership have been overridden in spite of law. Recent decades have seen a wave of land law reforms across Africa, in the context of a "land rush" and land-grabbing. But how has this been enacted on the ground and, in particular, how have women experienced this? This book seeksto re-orientate current debates on women's land rights towards a focus on the law in action. Drawing on the author's ethnographic research in the Arusha region of Tanzania, it explores how the country's land law reforms have impacted on women's legal claims to land. Centring on cases involving women litigants, the book considers the extent to which women are realising their interests in land through land courts and follows the progression of women's claims to land - from their social origins through processes of dispute resolution to judgment. Dancer's work explores three central issues. First, it considers the nature of women's claims to land in Tanzanian family contexts,the value of land in an era of land reform and the 'land rush' across Africa, and the extent to which the social issues raised are addressed by Tanzania's current laws and legal system. Secondly, it examines how agency and power relations between social and legal actors engaged in legal processes affect women's access to justice and the progression of claims. Thirdly, it explores Tanzanian concepts of justice and rights and how women's claims have been judged by land courts in practice. Helen Dancer is a lecturer in Law at the University of Brighton. She practised as a barrister in England specialising in family legal aid cases prior to training as a legal anthropologist. She is also a consultant for Future Agricultures at IDS, University of Sussex. Her areas of research interest include law and development, gender and land, and human rights and legal pluralism.