Customary Land Tenure and Registration in Australia and Papua New Guinea

Customary Land Tenure and Registration in Australia and Papua New Guinea

Author: James F. Weiner

Publisher: ANU E Press

Published: 2007-06-01

Total Pages: 326

ISBN-13: 1921313277

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The main theme of this volume is a discussion of the ways in which legal mechanisms, such as the Land Groups Incorporation Act (1974) in PNG, and the Native Title Act (1993) in Australia, do not, as they purport, serve merely to identify and register already-existing customary indigenous landowning groups in these countries. Because the legislation is an integral part of the way in which indigenous people are defined and managed in relation to the State, it serves to elicit particular responses in landowner organisation and self-identification on the part of indigenous people. These pieces of legislation actively contour the progressive evolution of landowner social, territorial and political organisation at all levels in these nation states. The contributors to this volume provide in-depth anthropological case studies of social structural and cultural transformations engendered by the confrontation between states, developers and indigenous communities over rights to customarily owned land.


Land Law and Policy in Papua New Guinea

Land Law and Policy in Papua New Guinea

Author: John T. Mugambwa

Publisher: Routledge

Published: 2012-08-21

Total Pages: 758

ISBN-13: 1135315434

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Land Law and Policy in Papua New Guinea analyzes the policy considerations which underscore the mechanisms for regulation of land use through a comprehensive study of Papua New Guinea society.


Foreign Flowers

Foreign Flowers

Author: Peter Larmour

Publisher: University of Hawaii Press

Published: 2005-05-31

Total Pages: 232

ISBN-13: 0824874560

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Wide ranging and cross-disciplinary in its approach, Foreign Flowers focuses on the process of policy transfer in the Pacific and the use of power to achieve it. Many governing institutions in the region have been borrowed, transplanted, or imposed by colonial rule or military intervention from outside. The book attempts to answer several key questions: Where do the governing institutions originate and why are so many of them based on Western models? Why have some transfers succeeded while others have not? What are the effects of transfers? What has been the fate of a particular institution, "the state?" How does "culture" affect the transfer of (and resistance to) institutions? Early chapters identify institutional transfer as a persistent theme in the study of the Pacific, reflected in ideas like cargo cults, homegrown constitutions, invented traditions, and weak states. The author analyzes about forty cases of institutional transfer, beginning with Tonga's borrowing of foreign institutions in the nineteenth century and ending with current attempts to induce island states to regulate their offshore financial centers. He goes on to distinguish factors that determine whether transfer took place, including timing, social conditions, and sympathy with local values. He looks at the kinds of power and coercion being deployed in transfer and at how transfers have been evaluated by their sponsors: domestic reformers, aid donors, international financial institutions, and their consultants and academic advisers.


Property Rights, Indigenous People and the Developing World

Property Rights, Indigenous People and the Developing World

Author: David Lea

Publisher: BRILL

Published: 2008

Total Pages: 307

ISBN-13: 9004166947

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This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion.


The New Law of Land Registration

The New Law of Land Registration

Author: Elizabeth Cooke

Publisher: Bloomsbury Publishing

Published: 2003-09-17

Total Pages: 316

ISBN-13: 1847310303

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This book is an examination of the law of land registration in England and Wales, in the light of the Land Registration Act 2002, and in particular at the way land registration is influenced by, and in turn influences, the evolution of land law as a whole. It examines the legal problems that have arisen in connection with land registration and considers the effect of the 2002 statute, drawing extensively upon the law in other jurisdictions and considering possibilities for future development. This is a book which will be essential reading for students, their teachers, and practitioners who will have to grapple with the intricacies of the new Act when it comes into force.