In the mid-1930s the Mexican government expropriated millions of acres of land from hundreds of U.S. property owners as part of President Lazaro Cardenas's land redistribution program. Because no compensation was provided to the Americans a serious crisis, which John J. Dwyer terms "the agrarian dispute," ensued between the two countries. Dwyer's nuanced analysis of this conflict at the local, regional, national, and international levels combines social, economic, political, and cultural history. He argues that the agrarian dispute inaugurated a new and improved era in bilateral relations because Mexican officials were able to negotiate a favorable settlement, and the United States, constrained economically and politically by the Great Depression, reacted to the crisis with unaccustomed restraint. Dwyer challenges prevailing arguments that Mexico's nationalization of the oil industry in 1938 was the first test of Franklin Roosevelt's Good Neighbor policy by showing that the earlier conflict over land was the watershed event.

Dwyer weaves together elite and subaltern history and highlights the intricate relationship between domestic and international affairs. Through detailed studies of land redistribution in Baja California and Sonora, he demonstrates that peasant agency influenced the local application of Cardenas's agrarian reform program, his regional state-building projects, and his relations with the United States. Dwyer draws on a broad array of official, popular, and corporate sources to illuminate the motives of those who contributed to the agrarian dispute, including landless fieldworkers, indigenous groups, small landowners, multinational corporations, labor leaders, state-level officials, federal policymakers, and diplomats. Taking all of them into account, Dwyer explores the circumstances that spurred agrarista mobilization, the rationale behind Cardenas's rural policies, the Roosevelt administration's reaction to the loss of American-owned land, and the diplomatic tactics employed by Mexican officials to resolve the international conflict.

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.

Across Africa land is being commodified: private ownership is replacing communal and customary tenure; Farms are turned into collateral for rural credit markets. Law reform is at the heart of this revolution. The Politics of Land Reform in Africa casts a critical spotlight on this profound change in African land economy. The book illuminates the key role of legislators, legal consultants and academics in tenure reform. These players exert their influence by translating the economic and regulatory interests of the World Bank, civil society groups and commercial lenders in to questions of law. Drawing on political economy and actor-network theory The Politics of Land Reform in Africa is an indispensable contribution to the study of agrarian change in developing countries.

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.

Since 2000, black squatters have forcibly occupied white farms across Zimbabwe, reigniting questions of racialized dispossession, land rights, and legacies of liberation. Donald S. Moore probes these contentious politics by analyzing fierce disputes over territory, sovereignty, and subjection in the country's eastern highlands. He focuses on poor farmers in Kaerezi who endured colonial evictions from their ancestral land and lived as refugees in Mozambique during Zimbabwe's guerrilla war. After independence in 1980, Kaerezians returned home to a changed landscape. Postcolonial bureaucrats had converted their land from a white ranch into a state resettlement scheme. Those who defied this new spatial order were threatened with eviction. Moore shows how Kaerezians' predicaments of place pivot on memories of "suffering for territory," at once an idiom of identity and entitlement. Combining fine-grained ethnography with innovative theoretical insights, this book illuminates the complex interconnections between local practices of power and the wider forces of colonial rule, nationalist politics, and global discourses of development.Moore makes a significant contribution to postcolonial theory with his conceptualization of "entangled landscapes" by articulating racialized rule, situated sovereignties, and environmental resources. Fusing Gramscian cultural politics and Foucault's analytic of governmentality, he enlists ethnography to foreground the spatiality of power. Suffering for Territory demonstrates how emplaced micro-practices matter, how the outcomes of cultural struggles are contingent on the diverse ways land comes to be inhabited, labored upon, and suffered for.

The issue of private property and the rights it confers remain almost undiscussed in critiques of globalization and free market economics. Yet property lies at the heart of an economic system geared to profit maximization. The authors describe the historically specific and self-consciously explicit manner in which it emerged. They trace this history from earliest historical times and show how, in the hands of Thomas Hobbes and John Locke in particular, the notion of private property took on its absolutist nature and most extreme form--a form which neoliberal economics is now imposing on humanity worldwide through the pressures of globalization. They argue that avoiding the destruction of people's ways of living and of nature requires reshaping our notions of private property. It also examines the practical ways for social and ecumenical movements to press for alternatives.

The struggle for land has been a key element of the conflict between Jews and Arabs in Palestine thoughout the past hundred years, and remains intense to this day. While international attention focuses on Israeli settlements that have encroached on to hitherto Arab land in the West Bank and the Gaza Strip, which lie legally outside Israel's boundaries, there is another dimension to the land question, as this book makes clear. Nearly one-fifth of Israel's population is Palestinian. This book examines the extent and means by which Israeli land policy today restricts access to land for these citizens within the 1948 boundaries of the State of Israel. Its authors - one a Palestinian lawyer and Israeli citizen practising in Israel, the other a British international human rights lawyer who worked in Israel for many years - examine the system of land ownership, the acquisition and administration of public land, and the control of land use through planning and housing regulations. What emerges is the extent to which the law is being used to restrict access to land by Israeli Palestinians and the discrimination that this entails for those citizens who are not of Jewish origin. The book argues that domestic and international law, which should operate to protect Palestinian land rights, have failed to do so, and that Israeli land policies breach international legal standards, including human rights norms.

This elegantly written and insightful book provides a geographical history of the Indian reserve in British Columbia. Cole Harris analyzes the impact of reserves on Native lives and livelihoods and considers how, in light of this, the Native land question might begin to be resolved. The account begins in the early nineteenth-century British Empire and then follows Native land policy – and Native resistance to it – in British Columbia from the Douglas treaties in the early 1850s to the formal transfer of reserves to the Dominion in 1938.

Sponsored jointly by the United Nations Educational, Scientific, and Cultural Organization and the International Institute for Applied Systems Analysis "It's much too late but this is the book we should have had in Paris during the five years effort to get a political settlement of the Vietnam War. . . . Thought provoking." --Indochina Chronology "An important contribution to a better understanding of international relations . . . with reflective discussions as well as thorough case studies." --Indian Express Culture--along with many other variables--often impacts international negotiations. Culture and Negotiation offers a unique contribution by focusing on the distinctive impact of culture, both in creating unexpected opportunities for dispute settlement and in imposing obstacles to agreement. Separated into three sections, part I presents expert views on the nature and limits of culture's influence on negotiation. Part II comprises the core of the book, and contains a wealth of case studies and analyses of international disputes regarding water resources. Each case asks the following key questions: What are the different cultural components that made a difference in the outcome? How did culture play a role in the negotiation process? What are some specific illustrations of culture's contributing role, both to the dispute and to the ways in which it was handled? Part III includes implications for practitioners and policymakers, along with new directions for future studies. Culture and Negotiation is an essential resource for international relations practitioners in both the private and public sectors, as well as scholars and researchers interested in either culture or the theory and practice of negotiation and dispute resolution.

Exacerbated by the Gulf War, the plight of the Kurds is one of the most urgent problems facing the international community. This authoritative study of the Kurdish people provides a deep and varied insight into one of the largest primarily tribal communities in the world. It covers the collapse of the Ottoman Empire, the great Kurdish revolt against republican Turkey, the birth of Kurdish nationalism and the situation of the Kurdish people in Iraq, Turkey and Iran today. Van Bruinessen's work is already recognized as a key contribution to this subject. Tribe by tribe, he accounts for the evolution of power within Kurdish religious and other lineages, and shows how relations with the state have played a key constitutive role in the development of tribal structures. This is illustrated from contemporary Kurdish life, highlighting the complex interplay between traditional clan loyalties and their modern national equivalents. This book is essential to any Middle East collection. It has serious implications for the study of tribal life elsewhere, and it documents the history of what has until recently been a forgotten people.

'A hero of mine, a moral as well as literary giant' Simon Schama Amos Oz, the internationally acclaimed author of A Tale of Love and Darkness and Judas, grew up in war-torn Jerusalem, where as a boy he witnessed first-hand the poisonous consequences of fanaticism. In How To Cure a Fanatic Amos Oz analyses the historical roots of violence and confronts truths about the extremism nurtured throughout society. By bringing us face to face with fanaticism he suggests ways in which we can all respond. From the author of A Tale of Love and Darkness and Man Booker International Prize shortlisted Judas. 'He was the conscience of Israel' Roger Cohen, New York Times

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.

PAPERBACK FOR SALE IN AFRICA ONLY Reveals the impact on women of post-1990s land reforms in Eastern Africa and the ways in which these are 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.

The purpose of this book is to explore the different ways in which the state deals with various social groups through the mechanisms of space. It does this by looking at three case studies, involving three social groups within Israel's multicultural society, in which the different roles played by political space in legal analysis are revealed and analysed. The book then proceeds to unearth the unifying logic underlying the disparate legal treatment of political space, brought to light by the three case studies - the Sephardim, the Bedouin-Arab minority, and the ultra-Orthodox community of Jerusalem. depending on the social group involved, an attitude which, the author argues, can be traced back to early Zionist thinking. He goes on to argue that a reform of local government law is required, to correct the segregated system of political space and the separate and unequal distribution of political power, and the economic resources that accompany it.

Based on three village case studies from different parts of Kenya, this co-authored study explores the relationship between HIV/AIDS and land rights focusing on women as a socially vulnerable group. The study compares affected with non-affected households and HIV/AIDS emerges as a significant but not primary cause of tenure insecurity.

This vivid behind-the-scenes account of Israeli rule in Jerusalem details for the first time the Jewish state's attempt to lay claim to all of Jerusalem, even when that meant implementing harsh policies toward the city's Arab population.

The authors, Jerusalemites from the spheres of politics, journalism, and the military, have themselves been players in the drama that has unfolded in east Jerusalem in recent years and appears now to be at a climax. They have also had access to a wide range of official documents that reveal the making and implementation of Israeli policy toward Jerusalem. Their book discloses the details of Israel's discriminatory policies toward Jerusalem Arabs and shows how Israeli leaders mishandled everything from security and housing to schools and sanitation services, to the detriment of not only the Palestinian residents but also Israel's own agenda. "Separate and Unequal" is a history of lost opportunities to unite the peoples of Jerusalem.

A central focus of the book is Teddy Kollek, the city's outspoken mayor for nearly three decades, whose failures have gone largely unreported until now. But Kollek is only one character in a cast that includes prime ministers, generals, terrorists, European and American leaders, Arab shopkeepers, Israeli policemen, and Palestinian schoolchildren. The story the authors tell is as dramatic and poignant as the mosaic of religious and ethnic groups that call Jerusalem home. And coming at a time of renewed crisis, it offers a startling perspective on past mistakes that can point the way toward more equitable treatment of all Jerusalemites.

Property is a common denominator in human conflict as well as a useful tool for international studies. In order to apply property theory as a key to the analysis of human struggle, a broad definition of the term has to be accepted. Property is more than the things people own; it is the mass of rights and duties that associate persons with things, especially land. Arrogation of property is usually the precursor to the violation of human rights, but Geoff Demarest argues that the crusade for human rights has become a chase after symptoms that ignores the calculus of violated property rights underlying most murder and theft. A better understanding of property dynamics can help us achieve strategic designs, pacific or not. He seeks to restart international studies at the point of property, and in so doing, to find a mechanism for interpreting property changes, including those brought about by new technologies.

In this book, Gopal Sreenivasan provides a comprehensive interpretation of Locke's theory of property, and offers a critical assessment of that theory. Locke argued that the appropriation of things as private property does not violate the rights of others, provided that everyone still has access to the materials needed to produce their subsistence. Given that, the actual appropriation of particular things is legitimated by one's labor. Holding Locke's theory to the logic of its own argument, Sreenivasan examines the extent to which it is really serviceable as a defense of private property. He contends that a purified version of this theory - one that adheres consistently to the logic of Locke's argument while excluding considerations extraneous to it - does in fact legitimate a form of private property. This purified theory is defensible in contemporary, secular terms, since nothing to which Locke gives an ineliminable theological foundation belongs to the logical structure of his argument. The resulting regime of private property is both substantially egalitarian and significantly different from the traditional liberal institution of private property.

Longtime fly fisherman Quinn Grover had contemplated the "why" of his fishing identity before more recently becoming focused on the "how" of it. He realized he was a dedicated fly fisherman in large part because public lands and public waterways in the West made it possible. In Wilderness of Hope Grover recounts his fly-fishing experiences with a strong evocation of place, connecting those experiences to the ongoing national debate over public lands. Because so much of America's public lands are in the Intermountain West, this is where arguments about the use and limits of those lands rage the loudest. And those loudest in the debate often become caricatures: rural ranchers who hate the government; West Coast elites who don't know the West outside Vail, Colorado; and energy and mining companies who extract from once-protected areas. These caricatures obscure the complexity of those who use public lands and what those lands mean to a wider population. Although for Grover fishing is often an "escape" back to wildness, it is also a way to find a home in nature and recalibrate his interactions with other parts of his life as a father, son, husband, and citizen. Grover sees fly fishing on public waterways as a vehicle for interacting with nature that allows humans to inhabit nature rather than destroy or "preserve" it by keeping it entirely separate from human contact. These essays reflect on personal fishing experiences with a strong evocation of place and an attempt to understand humans' relationship with water and public land in the American West.