beyond communal and individual ownership indigenous land reform in australia routledge complex real property rights series

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Beyond Communal And Individual Ownership

Author : Leon Terrill
ISBN : 9781317525073
Genre : Law
File Size : 87. 60 MB
Format : PDF
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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.

Strata Title Property Rights

Author : Cathy Sherry
ISBN : 9781317427520
Genre : Law
File Size : 73. 81 MB
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Multi-owned properties make up an ever-increasing proportion of commercial, tourist and residential development, in both urban and rural landscapes around the world. This book critically analyses the legal, social and economic complexities of strata or community title schemes. At a time when countries such as Australia and the United States turn ever larger areas into strata title/condominiums and community title/homeowner associations, this book shows how governments, the judiciary and citizens need to better understand the ramifications of these private communities. Whilst most strata title analysis has been technical, focusing on specific sections of legislation, this book provides higher level analysis, discussing the wider economic, social and political implications of Australia’s strata and community title law. In particular, the book argues that private by-laws, however desirable to initial parties, are often economically inefficient and socially regressive when enforced against an ever-changing group of owners. The book will be of particular interest to scholars and legal practitioners of property law in Australia, but as the Australian strata title model has formed the basis for legislation in many countries, the book draws out lessons and analysis that will be of use to those studying privately-owned communities across the world.

Land Indigenous Peoples And Conflict

Author : Alan C. Tidwell
ISBN : 9781317537540
Genre : Law
File Size : 83. 41 MB
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Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.

The State And The Paradox Of Customary Law In Africa

Author : Olaf Zenker
ISBN : 9781317014799
Genre : Law
File Size : 41. 45 MB
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Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom – even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state – in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea’s long durée of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.

Subversive Property

Author : Sarah Keenan
ISBN : 9781317745945
Genre : Law
File Size : 43. 49 MB
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This book explores the relationship between space, subjectivity and property in order to invert conventional socio-legal understandings of property. Sarah Keenan demonstrates that new political possibilities for property may be unveiled by thinking about property in terms of space and belonging, rather than exclusion. Drawing on feminist and critical race theory, this book shifts focus away from the propertied subject and on to the broader spaces in and through which the propertied subject is located. Using case studies, such as analyses of compulsory leases under Australia’s Northern Territory Intervention and lesbian asylum cases from a range of jurisdictions, Keenan argues that these spaces consist of networks of relations that revolve around belonging: not just belonging between subject and object, as property is traditionally understood, but also the less explored relation of belonging between the part and the whole. This book therefore offers a conceptually useful way of analysing a wide range of socio-legal issues. It will be of relevance to those working in the area of property and legal geography, but also to those with more general interests in socio-legal studies, social and political theory, postcolonial studies, critical race studies and gender and sexuality studies.

Property Rights And Climate Change

Author : Fennie van Straalen
ISBN : 9781315520070
Genre : Law
File Size : 69. 23 MB
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Property Rights and Climate Change explores the multifarious relationships between different types of climate-driven environmental changes and property rights. This original contribution to the literature examines such climate changes through the lens of property rights, rather than through the lens of land use planning. The inherent assumption pursued is that the different types of environmental changes, with their particular effects and impact on land use, share common issues regarding the relation between the social construction of land via property rights and the dynamics of a changing environment. Making these common issues explicit and discussing the different approaches to them is the central objective of this book. Through examining a variety of cases from the Arctic to the Australian coast, the contributors take a transdisciplinary look at the winners and losers of climate change, discuss approaches to dealing with changing environmental conditions, and stimulate pathways for further research. This book is essential reading for lawyers, planners, property rights experts and environmentalists.

Property Place And Piracy

Author : Martin Fredriksson
ISBN : 9781351720212
Genre : History
File Size : 83. 75 MB
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This book takes the concept of piracy as a starting point to discuss the instability of property as a social construction and how this is spatially situated. Piracy is understood as acts and practices that emerge in zones where the construction and definition of property is ambiguous. Media piracy is a frequently used example where file-sharers and copyright holders argue whether culture and information is a common resource to be freely shared or property to be protected. This book highlights that this is not a dilemma unique to immaterial resources: concepts such as property, ownership and the rights of use are just as diffuse when it comes to spatial resources such as land, water, air or urban space. By structuring the book around this heterogeneous understanding of piracy as an analytical perspective, the editors and contributors advance a trans-disciplinary and multi-theoretical approach to place and property. In doing so, the book moves from theoretical discussions on commons and property to empirical cases concerning access to and appropriation of land, natural and cultural resources. The chapters cover areas such as maritime piracy, the philosophical and legal foundations of property rights, mining and land rights, biopiracy and traditional knowledge, indigenous rights, colonization of space, military expansionism and the enclosure of urban space. This book is essential reading for a variety of disciplines including indigenous studies, cultural studies, geography, political economy, law, environmental studies and all readers concerned with piracy and the ambiguity of property.

Women S Transitions From Prison

Author : Rosemary Sheehan
ISBN : 9781315455679
Genre : Social Science
File Size : 49. 38 MB
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Women continue to be one of the fastest growing groups of offenders with an increasing group of women involved in the criminal justice system around the world. Whilst internationally women comprise a low percentage of the total prison population, there is an escalating use of custody inextricably linked to the high levels of personal and social needs of women involved in the justice system. This book presents original research undertaken with Corrections Victoria, Australia, which examines the effectiveness of services and programmes women access in prison and after release, and the impact of this on successful reintegration into the community and on other trends such as reoffending. Victoria’s Department of Justice introduced the Better Pathways strategy in response to a growing number of women entering the Victorian corrections system, and the concerning extent to which prison is used for women with inadequate accommodation and complex treatment and support needs. The strategy was developed to address the causes of women's offending and to try and help break the cycle of women's reoffending, by funding more holistic initiatives to support women in their transition to life after prison. It is well acknowledged that pathways into offending by women can also be the factors that most affect their reintegration. The research outlined in this book presents data about individual women’s pathways through the programmes offered as part of the Better Pathways strategy and the views of the women themselves about the effectiveness of these programmes. Negligible research attention has been paid to what services and programmes are effective for women after prison. This book addresses this gap and provides a cohesive presentation of the key issues salient to the needs of women offenders.

Compulsory Property Acquisition For Urban Densification

Author : Glen Searle
ISBN : 9781351386753
Genre : Law
File Size : 61. 66 MB
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Densification has been a central method of achieving smart, sustainable cities across the world. This book explores international examples of the property rights tensions involved in attempting to develop denser, more sustainable cities through compulsory acquisition of property. The case studies from Europe, North and South America, eastern Asia and Australia show how well, or not, property rights have been recognised in each country. Chapters explore the significance of local legal frameworks and institutions in accommodating property rights in the densification process. In particular, the case studies address the following issues and more: Whether compulsory acquisition to increase densification is justified in practice and in theory The specific public benefits given for compulsory acquisition The role the development industry plays in facilitating, encouraging or promoting compulsory acquisition What compensation or offsets are offered for acquisition, and how are they funded? Is there a local or national history of compulsory property acquisition by government for a range of purposes? Is compulsory acquisition restricted to certain types or locations of densification? Where existing housing is acquired, are there obligations to provide alternative housing arrangements? The central aim of the book is to summarize international experiences of the extent to which property rights have or have not been protected in the use of compulsory property acquisition to achieve sustainable cities via urban densification. It is essential reading for all those interested in planning law, property rights, environmental law, urban studies, sustainable urban development and land use policy.

Routledge International Handbook Of Restorative Justice

Author : Theo Gavrielides
ISBN : 1472480708
Genre : Restorative justice
File Size : 72. 88 MB
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This up-to-date resource on restorative justice provides scholars, practitioners, students and policymakers from around the world with a comprehensive and authoritative review of original research in new and contested areas. Bringing together contributors from across a range of jurisdictions, disciplines and legal traditions, this edited collection provides a concise but critical review of existing theory and practice in restorative justice. Authors identify key developments, theoretical arguments and new empirical evidence, evaluating their merits and demerits, before turning the reader¿s attention to further concerns informing and improving the future of restorative justice. Divided into four parts, the handbook includes papers written by leading scholars on: new theory, empirical evidence of implementation, critiques and the future of restorative justice. This companion is essential reading for scholars of restorative justice, criminology, social theory, psychology, law, human rights and criminal justice, as well as researchers, policymakers, practitioners and campaigners from around the world.

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