Beyond Communal and Individual Ownership

Beyond Communal and Individual Ownership

Author: Leon Terrill

Publisher: Routledge

Published: 2015-10-05

Total Pages: 296

ISBN-13: 131752506X

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Over the last decade, Australian governments have introduced a series of land reforms in communities on Indigenous land. This book is the first in-depth study of these significant and far reaching reforms. It explains how the reforms came about, what they do and their consequences for Indigenous landowners and community residents. It also revisits the rationale for their introduction and discusses the significant gap between public debate about the reforms and their actual impact. Drawing on international research, the book describes how it is necessary to move beyond the concepts of communal and individual ownership in order to understand the true significance of the reforms. The book's fresh perspective on land reform and careful assessment of key land reform theories will be of interest to scholars of indigenous land rights, land law, indigenous studies and aboriginal culture not only in Australia but also in any other country with an interest in indigenous land rights.


Principles of Property Law

Principles of Property Law

Author: Alison Clarke

Publisher: Cambridge University Press

Published: 2020-06-11

Total Pages: 751

ISBN-13: 1107090539

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Principles of Property Law offers a critical and contextual analysis of fundamental property law, providing students with the tools to enable them to make sense of English land law rules in the context of real world applications. This new book adopts a contextual approach, placing the core elements of a qualifying law degree property and land law course in the context of general principles and practices as they have developed in the UK and other jurisdictions in response to a changing societal relationship with a variety of factors. Also drawing on concepts of property developed by political theorists, economists and environmentalists, Principles of Property Law gives students a clear understanding of how property law works, why it matters and how the theory connects with the real world. Suitable for undergraduates studying property and land law in England, Wales and Northern Ireland, as well as postgraduate students seeking an accessible analysis.


Property Rights and Sustainability

Property Rights and Sustainability

Author: David Grinlinton

Publisher: BRILL

Published: 2011-04-11

Total Pages: 448

ISBN-13: 900420105X

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Published with the support of The New Zealand Law Foundation. As collapses and crises involving ecological systems, economic and financial management and international governance increase, the need for bold alternatives to traditional economic and legal responses has never been more urgent. Property concepts are an important element in the interaction between humans and the natural environment. An important driver of ecological harm, property concepts can also become a powerful tool for responding to ecological problems in ways that have so far eluded both government regulators and markets. Going beyond the traditional critiques of liberal property theories, Property Rights and Sustainability takes on the challenge of fundamentally reconceptualising property rights and systems. It makes a significant contribution to rebalancing the legal framework in a way that recognises humanity as a member of a larger ecological order, the health and integrity of which is of primary importance to the long-term viability of our planet. Property Rights and Sustainability will be an indispensable resource for those interested in the relationship between property law and the environment, and the ways in which property law can be reshaped to respond to the ecological challenges of our time.


Land Policy

Land Policy

Author: Benjamin Davy

Publisher: Ashgate Publishing, Ltd.

Published: 2012

Total Pages: 304

ISBN-13: 9780754677925

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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 as employed in this book reconciles practice and theory. With international examples, this is a valuable resource for those concerned with town planning, land reform, land use and human rights.


Land Policies in India

Land Policies in India

Author: Sony Pellissery

Publisher: Springer

Published: 2017-08-10

Total Pages: 237

ISBN-13: 981104208X

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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.


Natural Resources and Human Rights

Natural Resources and Human Rights

Author: Jérémie Gilbert

Publisher:

Published: 2018

Total Pages: 225

ISBN-13: 0198795661

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Examining the role human rights can play in the regulation of natural resource management, this book shines light on the duties of states and private actors when exploiting natural resources and the procedural rights of affected citizens.


Legal Geography

Legal Geography

Author: Tayanah O’Donnell

Publisher: Routledge

Published: 2019-12-06

Total Pages: 228

ISBN-13: 0429760566

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This book is the first legal geography book to explicitly engage in method. It complements this by also bringing together different perspectives on the emerging school of legal geography. It explores human–environment interactions and showcases distinct environmental legal geography scholarship. Legal Geography: Perspectives and Methods is an innovative book concerned with a new relational and material way of examining our legal-spatial world. With chapters examining natural resource management, Indigenous knowledge and political ecology scholarship, the text introduces legal geography’s modes of analysis and critique. The book explores topics such as Indigenous environmental rights, the impacts of extractive industries, mediation of climate change, food, animal and plant patents, fossil fuels, mining and coastal environments based on empirical, jurisdictional and methodological insights from Australia, New Zealand and the Asia-Pacific to demonstrate how space and place are invoked in legal processes and contestations, and the methods that may be employed to explore these processes and contestations. This book examines the role of legal geographies in the 21st century beyond the simple “law in action”, and it will thus appeal to students of socio-legal studies, human geography, environmental studies, environmental policy, as well as politics and international relations.