Heinz Klug
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195141177
- eISBN:
- 9780199871391
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195141172.003.0010
- Subject:
- Political Science, International Relations and Politics
The example of land rights litigation in South Africa challenges the assumption that cause lawyering is inherently adversarial, and shows how commitments to client demands have become suffused with a ...
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The example of land rights litigation in South Africa challenges the assumption that cause lawyering is inherently adversarial, and shows how commitments to client demands have become suffused with a wider responsibility to democratic accountability in the postapartheid era.Less
The example of land rights litigation in South Africa challenges the assumption that cause lawyering is inherently adversarial, and shows how commitments to client demands have become suffused with a wider responsibility to democratic accountability in the postapartheid era.
You-tien Hsing
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199568048
- eISBN:
- 9780191721632
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199568048.001.0001
- Subject:
- Business and Management, Political Economy
This book emphasizes the centrality of cities in China's ongoing transformation. Based on fieldwork in twenty-four Chinese cities between 1996 and 2007, the author forwards an analysis of the ...
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This book emphasizes the centrality of cities in China's ongoing transformation. Based on fieldwork in twenty-four Chinese cities between 1996 and 2007, the author forwards an analysis of the relations between the city, the state, and society through two novel concepts: urbanization of the local state and civic territoriality. Urbanization of the local state is a process of state power restructuring entailing an accumulation regime based on the commodification of state-owned land, the consolidation of territorial authority through construction projects, and a policy discourse dominated by notions of urban modernity. Civic territoriality encompasses the politics of distribution engendered by urban expansionism, and social actors' territorial strategies toward self-protection. Findings are based on observations in three types of places. 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; their mobilizational capacity is consequently undermined.Less
This book emphasizes the centrality of cities in China's ongoing transformation. Based on fieldwork in twenty-four Chinese cities between 1996 and 2007, the author forwards an analysis of the relations between the city, the state, and society through two novel concepts: urbanization of the local state and civic territoriality. Urbanization of the local state is a process of state power restructuring entailing an accumulation regime based on the commodification of state-owned land, the consolidation of territorial authority through construction projects, and a policy discourse dominated by notions of urban modernity. Civic territoriality encompasses the politics of distribution engendered by urban expansionism, and social actors' territorial strategies toward self-protection. Findings are based on observations in three types of places. 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; their mobilizational capacity is consequently undermined.
Jacob T. Levy
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297123
- eISBN:
- 9780191599767
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297122.003.0008
- Subject:
- Political Science, Political Theory
Joseph H. Carens
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297680
- eISBN:
- 9780191598937
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297688.003.0009
- Subject:
- Political Science, Political Theory
Discusses the case of Fiji where efforts to protect the cultural traditions of Fijians (the descendants of the indigenous population) have led to conflicts with Indo‐Fijians (the descendants of ...
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Discusses the case of Fiji where efforts to protect the cultural traditions of Fijians (the descendants of the indigenous population) have led to conflicts with Indo‐Fijians (the descendants of indentured workers from India), who constitute the largest other group of inhabitants of Fiji. The chapter defends the claims of Indo‐Fijians to equal citizenship in the name of democracy and criticizes efforts at political domination and exclusion that some have attempted to justify in the name of culture and history. At the same time, it defends some of the efforts to protect Fijian culture against the pressures of modern liberal institutions and values. In particular, it argues that the creation of a system of collective, inalienable land rights and the institutional reinforcement of deference to Fijian chiefs were methods of preserving Fijian culture that were compatible with a conception of justice as evenhandedness. The chapter takes up a number of questions about cultural authenticity and about the moral relevance of history.Less
Discusses the case of Fiji where efforts to protect the cultural traditions of Fijians (the descendants of the indigenous population) have led to conflicts with Indo‐Fijians (the descendants of indentured workers from India), who constitute the largest other group of inhabitants of Fiji. The chapter defends the claims of Indo‐Fijians to equal citizenship in the name of democracy and criticizes efforts at political domination and exclusion that some have attempted to justify in the name of culture and history. At the same time, it defends some of the efforts to protect Fijian culture against the pressures of modern liberal institutions and values. In particular, it argues that the creation of a system of collective, inalienable land rights and the institutional reinforcement of deference to Fijian chiefs were methods of preserving Fijian culture that were compatible with a conception of justice as evenhandedness. The chapter takes up a number of questions about cultural authenticity and about the moral relevance of history.
Lila Barrera-Hernández
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199579853
- eISBN:
- 9780191722745
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199579853.003.0010
- Subject:
- Law, Public International Law, Environmental and Energy Law
This chapter analyses the issue of indigenous land rights in Chile and Argentina. Throughout South America, indigenous peoples are being pushed to extinction through government action (and inaction), ...
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This chapter analyses the issue of indigenous land rights in Chile and Argentina. Throughout South America, indigenous peoples are being pushed to extinction through government action (and inaction), which deprives them of their lands and seriously compromises their access to life-sustaining resources. To a considerable extent, the government's attitude towards indigenous land rights is a result of a desire to attract investment to the energy and energy-related sectors. Though investor companies may appear to benefit from these tactics in the short term, it is doubtful that they will be better off in the long run as sustainability is compromised.Less
This chapter analyses the issue of indigenous land rights in Chile and Argentina. Throughout South America, indigenous peoples are being pushed to extinction through government action (and inaction), which deprives them of their lands and seriously compromises their access to life-sustaining resources. To a considerable extent, the government's attitude towards indigenous land rights is a result of a desire to attract investment to the energy and energy-related sectors. Though investor companies may appear to benefit from these tactics in the short term, it is doubtful that they will be better off in the long run as sustainability is compromised.
John Borrows
- Published in print:
- 2000
- Published Online:
- October 2005
- ISBN:
- 9780198297703
- eISBN:
- 9780191602948
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829770X.003.0013
- Subject:
- Political Science, Political Theory
A personal account is given of the treatment of Canadian Aborigines (North American Indians) and Aboriginal land. Despite some achievements in the recognition and affirmation of Aboriginal rights, ...
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A personal account is given of the treatment of Canadian Aborigines (North American Indians) and Aboriginal land. Despite some achievements in the recognition and affirmation of Aboriginal rights, indigenous citizenship with the land is becoming increasingly tenuous. The author advocates Aboriginal control of Canadian affairs (as well as Aboriginal affairs), in the light of the increasing participation of Aboriginals at all levels in Canadian society. He does not advocate assimilation, but argues that citizenship under Aboriginal influence may generate a greater attentiveness to the land uses and cultural practices that are preferred by Aborigines.Less
A personal account is given of the treatment of Canadian Aborigines (North American Indians) and Aboriginal land. Despite some achievements in the recognition and affirmation of Aboriginal rights, indigenous citizenship with the land is becoming increasingly tenuous. The author advocates Aboriginal control of Canadian affairs (as well as Aboriginal affairs), in the light of the increasing participation of Aboriginals at all levels in Canadian society. He does not advocate assimilation, but argues that citizenship under Aboriginal influence may generate a greater attentiveness to the land uses and cultural practices that are preferred by Aborigines.
Ronen Shamir and Neta Ziv
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195141177
- eISBN:
- 9780199871391
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195141172.003.0011
- Subject:
- Political Science, International Relations and Politics
This chapter analyzes two instances of Israeli land segregation policy in the township of Katsir; in the first, an Arab couple petitioned the Supreme Court of Israel against their rejection, on ...
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This chapter analyzes two instances of Israeli land segregation policy in the township of Katsir; in the first, an Arab couple petitioned the Supreme Court of Israel against their rejection, on grounds of ethnicity, of residency entitlement; in the second, Jewish residents appealed against a covert deal by which an Arab family had acquired property rights in Katsir via a Jewish intermediary. In both cases, the advocacy of cause lawyers has illustrated how major questions of state policy are being decided, not by the state, but by activism at municipal level.Less
This chapter analyzes two instances of Israeli land segregation policy in the township of Katsir; in the first, an Arab couple petitioned the Supreme Court of Israel against their rejection, on grounds of ethnicity, of residency entitlement; in the second, Jewish residents appealed against a covert deal by which an Arab family had acquired property rights in Katsir via a Jewish intermediary. In both cases, the advocacy of cause lawyers has illustrated how major questions of state policy are being decided, not by the state, but by activism at municipal level.
Stuart Anderson
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199258826
- eISBN:
- 9780191705168
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199258826.003.0004
- Subject:
- Law, Legal History
This chapter discusses leases, mortgages, and servitudes in the 19th century. Topics covered include Types of Lease and the Power to Grant them, eviction and forfeiture, covenants, factors that ...
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This chapter discusses leases, mortgages, and servitudes in the 19th century. Topics covered include Types of Lease and the Power to Grant them, eviction and forfeiture, covenants, factors that shaped mortgage practice in the 19th century, evasion of usury laws, limits of contractual freedom, and servitudes and allied rights over land.Less
This chapter discusses leases, mortgages, and servitudes in the 19th century. Topics covered include Types of Lease and the Power to Grant them, eviction and forfeiture, covenants, factors that shaped mortgage practice in the 19th century, evasion of usury laws, limits of contractual freedom, and servitudes and allied rights over land.
Klaus Deininger and Hans Binswanger
- Published in print:
- 2001
- Published Online:
- October 2011
- ISBN:
- 9780199242177
- eISBN:
- 9780191697036
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199242177.003.0017
- Subject:
- Economics and Finance, Development, Growth, and Environmental
In most rural areas in many developing countries, land, and the means to accumulate and transfer wealth between generations on the land, prove to be essential means for generating a livelihood. As ...
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In most rural areas in many developing countries, land, and the means to accumulate and transfer wealth between generations on the land, prove to be essential means for generating a livelihood. As such, the need arises for land access to be regulated, land rights to be assigned and imposed, and conflicts that involve the ownership of land to be resolved since these affect the economic and social status of households, the capacity of households to produce marketable surplus, their incentives for managing natural resources, and their capability to access financial markets. In this context, some of the most important public goods include administrative infrastructure and land rights for enabling land market operations. This chapter looks into how the World Bank had been able to issue the ‘Land Reform Policy Paper’ (LRPP) to address these needs.Less
In most rural areas in many developing countries, land, and the means to accumulate and transfer wealth between generations on the land, prove to be essential means for generating a livelihood. As such, the need arises for land access to be regulated, land rights to be assigned and imposed, and conflicts that involve the ownership of land to be resolved since these affect the economic and social status of households, the capacity of households to produce marketable surplus, their incentives for managing natural resources, and their capability to access financial markets. In this context, some of the most important public goods include administrative infrastructure and land rights for enabling land market operations. This chapter looks into how the World Bank had been able to issue the ‘Land Reform Policy Paper’ (LRPP) to address these needs.
Katharina Pistor and Olivier De Schutter (eds)
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780231172783
- eISBN:
- 9780231540766
- Item type:
- book
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231172783.001.0001
- Subject:
- Economics and Finance, Development, Growth, and Environmental
Essential resources do more than satisfy people’s needs. They ensure a dignified existence. Since the competition for essential resources, particularly fresh water and arable land, is increasing and ...
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Essential resources do more than satisfy people’s needs. They ensure a dignified existence. Since the competition for essential resources, particularly fresh water and arable land, is increasing and standard legal institutions, such as property rights and national border controls, are strangling access to resources for some while delivering prosperity to others, many are searching for ways to ensure their fair distribution. This book argues that the division of essential resources ought to be governed by a combination of Voice and Reflexivity. Voice is the ability of social groups to choose the rules by which they are governed. Reflexivity is the opportunity to question one’s own preferences in light of competing claims and to accommodate them in a collective learning process. Having investigated the allocation of essential resources in places as varied as Cambodia, China, India, Kenya, Laos, Morocco, Nepal, the arid American West, and peri-urban areas in West Africa, the contributors to this volume largely concur with the viability of this policy and normative framework. Drawing on their expertise in law, environmental studies, anthropology, history, political science, and economics, they weigh the potential of Voice and Reflexivity against such alternatives as pricing mechanisms, property rights, common resource management, political might, or brute force.Less
Essential resources do more than satisfy people’s needs. They ensure a dignified existence. Since the competition for essential resources, particularly fresh water and arable land, is increasing and standard legal institutions, such as property rights and national border controls, are strangling access to resources for some while delivering prosperity to others, many are searching for ways to ensure their fair distribution. This book argues that the division of essential resources ought to be governed by a combination of Voice and Reflexivity. Voice is the ability of social groups to choose the rules by which they are governed. Reflexivity is the opportunity to question one’s own preferences in light of competing claims and to accommodate them in a collective learning process. Having investigated the allocation of essential resources in places as varied as Cambodia, China, India, Kenya, Laos, Morocco, Nepal, the arid American West, and peri-urban areas in West Africa, the contributors to this volume largely concur with the viability of this policy and normative framework. Drawing on their expertise in law, environmental studies, anthropology, history, political science, and economics, they weigh the potential of Voice and Reflexivity against such alternatives as pricing mechanisms, property rights, common resource management, political might, or brute force.
Ting Xu and Wei Gong
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780197266380
- eISBN:
- 9780191879579
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197266380.003.0008
- Subject:
- Law, Environmental and Energy Law
This chapter deals with the conceptualisation of collective property in the Chinese context. It is argued that this concept can be understood and defined through the lens of community via undertaking ...
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This chapter deals with the conceptualisation of collective property in the Chinese context. It is argued that this concept can be understood and defined through the lens of community via undertaking three methodological steps. The first step lays out the theoretical framework concerning the interplay between community and property. The second step examines the formation and transformation of the collective from a historical perspective. The final step analyses key cases concerning the relationship between membership of the collective and land rights. It is concluded that collective property in the Chinese context is a hybrid property system with permeable boundaries, and the closing commentary therefore questions the nature of the role that the law plays in sustaining collective property.Less
This chapter deals with the conceptualisation of collective property in the Chinese context. It is argued that this concept can be understood and defined through the lens of community via undertaking three methodological steps. The first step lays out the theoretical framework concerning the interplay between community and property. The second step examines the formation and transformation of the collective from a historical perspective. The final step analyses key cases concerning the relationship between membership of the collective and land rights. It is concluded that collective property in the Chinese context is a hybrid property system with permeable boundaries, and the closing commentary therefore questions the nature of the role that the law plays in sustaining collective property.
Jane Whittle
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198208426
- eISBN:
- 9780191677991
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208426.003.0007
- Subject:
- History, British and Irish Early Modern History
This introductory chapter sets out the purpose of the book, which is to explore the early beginnings of agrarian capitalism in England. The question of ...
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This introductory chapter sets out the purpose of the book, which is to explore the early beginnings of agrarian capitalism in England. The question of how and why capitalism developed in England has been a source of debate. Several historical sources were used to examine a wide range of topics such as rights to land and the level of rent, the land market and inheritance, the distribution of land and wealth, the landless, wage-earners, rural craftsmen, as well as the labour laws.Less
This introductory chapter sets out the purpose of the book, which is to explore the early beginnings of agrarian capitalism in England. The question of how and why capitalism developed in England has been a source of debate. Several historical sources were used to examine a wide range of topics such as rights to land and the level of rent, the land market and inheritance, the distribution of land and wealth, the landless, wage-earners, rural craftsmen, as well as the labour laws.
Alain De Janvry, Elisabeth Sadoulet, and Wendy Wolford
- Published in print:
- 2001
- Published Online:
- October 2011
- ISBN:
- 9780199242177
- eISBN:
- 9780191697036
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199242177.003.0011
- Subject:
- Economics and Finance, Development, Growth, and Environmental
The power of the state — regardless of whether this is practiced over democratic, authoritarian, and other forms of government — has been used by all Latin American governments to impose ...
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The power of the state — regardless of whether this is practiced over democratic, authoritarian, and other forms of government — has been used by all Latin American governments to impose modifications in the land access of certain household categories in regions that experience population pressure to further the redefinition of land rights for those who already have access. Looking into the history of land reform in Latin America, which can further be divided into three phases, reveals why the eighty years of land reform have only brought on minimal improvements in solving land access problems and in reducing the high inequality which is made evident in land distribution. When taking a social point of view, the skewed distribution may be attributed to land misuse. This chapter examines the state's changing role through assessing the access to land given to minifundists and the landless and the competitiveness of those who are with titles in the reform sector.Less
The power of the state — regardless of whether this is practiced over democratic, authoritarian, and other forms of government — has been used by all Latin American governments to impose modifications in the land access of certain household categories in regions that experience population pressure to further the redefinition of land rights for those who already have access. Looking into the history of land reform in Latin America, which can further be divided into three phases, reveals why the eighty years of land reform have only brought on minimal improvements in solving land access problems and in reducing the high inequality which is made evident in land distribution. When taking a social point of view, the skewed distribution may be attributed to land misuse. This chapter examines the state's changing role through assessing the access to land given to minifundists and the landless and the competitiveness of those who are with titles in the reform sector.
S James Anaya
- Published in print:
- 2008
- Published Online:
- March 2012
- ISBN:
- 9780199235605
- eISBN:
- 9780191696664
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199235605.003.0020
- Subject:
- Law, Public International Law
This chapter presents an example of how a claim for reparations is to be submitted before a court. It is based on two separate claims, which were actually filed by representatives and members of the ...
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This chapter presents an example of how a claim for reparations is to be submitted before a court. It is based on two separate claims, which were actually filed by representatives and members of the indigenous Maya villages of Conejo and Santa Cruz to the Supreme Court of Belize on 3 April 2007. It presents the skeleton argument prepared for the claimants, who alleged that the government of Belize violated their constitutionally recognized customary land rights. It is a ‘living’ example of how historical evidence, cultural arguments, international law, and domestic law may be combined in order to build a solid argument which may prove strong enough to convince a court that the communities concerned are to be granted actual redress for the torts suffered.Less
This chapter presents an example of how a claim for reparations is to be submitted before a court. It is based on two separate claims, which were actually filed by representatives and members of the indigenous Maya villages of Conejo and Santa Cruz to the Supreme Court of Belize on 3 April 2007. It presents the skeleton argument prepared for the claimants, who alleged that the government of Belize violated their constitutionally recognized customary land rights. It is a ‘living’ example of how historical evidence, cultural arguments, international law, and domestic law may be combined in order to build a solid argument which may prove strong enough to convince a court that the communities concerned are to be granted actual redress for the torts suffered.
Laila Macharia
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780231172783
- eISBN:
- 9780231540766
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231172783.003.0015
- Subject:
- Economics and Finance, Development, Growth, and Environmental
Macharia shows how the process of negotiation, a new social contract, and a constitution can be used to broaden the Voice of communities over land rights. She attributes Kenyan conflicts of land ...
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Macharia shows how the process of negotiation, a new social contract, and a constitution can be used to broaden the Voice of communities over land rights. She attributes Kenyan conflicts of land access and use rights to the history of colonization and the tension between community land rights and property regimes imposed during colonial rule. However, community based organizations participated in the drafting process of a new constitution and were able to voice their grievances and aspirations. Moreover, institutions were created to monitor the process of land reform – creating the possibility for continuing dialogue and thus Reflexivity. This case offers some perspective on how processes of institutionalization can further inclusion and contribute to social peace.Less
Macharia shows how the process of negotiation, a new social contract, and a constitution can be used to broaden the Voice of communities over land rights. She attributes Kenyan conflicts of land access and use rights to the history of colonization and the tension between community land rights and property regimes imposed during colonial rule. However, community based organizations participated in the drafting process of a new constitution and were able to voice their grievances and aspirations. Moreover, institutions were created to monitor the process of land reform – creating the possibility for continuing dialogue and thus Reflexivity. This case offers some perspective on how processes of institutionalization can further inclusion and contribute to social peace.
Annette Miae Kim
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195369397
- eISBN:
- 9780199871032
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195369397.003.0004
- Subject:
- Economics and Finance, Financial Economics
This chapter outlines the alignment of interests which helped form the new economic relations and transactions behind Vietnam's private real estate market. Introducing the term fiscal socialism, it ...
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This chapter outlines the alignment of interests which helped form the new economic relations and transactions behind Vietnam's private real estate market. Introducing the term fiscal socialism, it shows how the firms were able to connect the increased land use authority that was decentralized to under-funded local governments with the desire for more housing from the rapidly growing number of households with rising incomes but few investment alternatives. More importantly, the chapter details how the interests of fiscal socialism were aligned through the reconstruction of social cognition. It also shows how social cognition was re-constructed again when other members of society, particularly the rural population who were displaced for new urban development projects, contested their role in fiscal socialism.Less
This chapter outlines the alignment of interests which helped form the new economic relations and transactions behind Vietnam's private real estate market. Introducing the term fiscal socialism, it shows how the firms were able to connect the increased land use authority that was decentralized to under-funded local governments with the desire for more housing from the rapidly growing number of households with rising incomes but few investment alternatives. More importantly, the chapter details how the interests of fiscal socialism were aligned through the reconstruction of social cognition. It also shows how social cognition was re-constructed again when other members of society, particularly the rural population who were displaced for new urban development projects, contested their role in fiscal socialism.
Jenny Hale Pulsipher
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9781479850129
- eISBN:
- 9781479838394
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479850129.003.0003
- Subject:
- Law, Philosophy of Law
As Jenny Pulsipher recounts, the mid-seventeenth-century Nipmuc Indian John Wompas familiarized himself with both Native and settler concepts of land tenure, distribution, and sales, becoming adept ...
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As Jenny Pulsipher recounts, the mid-seventeenth-century Nipmuc Indian John Wompas familiarized himself with both Native and settler concepts of land tenure, distribution, and sales, becoming adept at switching opportunistically between them in his career as a speculator and (untrustworthy) intermediary. Wompas emerged out of a world where Natives used English law to defend their land rights, while colonists deployed Indian law to deny those rights. He outstripped his contemporaries in his skill at drawing on his Native identity to obtain land, then manipulating English law to sell and record this land, and later switching to Indian norms to evade obstacles put in his way by colonial authorities. By drawing on both Native and English legal practices, Wompas aimed to make land transactions intelligible to both sides, thus increasing the chances that sales would be accepted.Less
As Jenny Pulsipher recounts, the mid-seventeenth-century Nipmuc Indian John Wompas familiarized himself with both Native and settler concepts of land tenure, distribution, and sales, becoming adept at switching opportunistically between them in his career as a speculator and (untrustworthy) intermediary. Wompas emerged out of a world where Natives used English law to defend their land rights, while colonists deployed Indian law to deny those rights. He outstripped his contemporaries in his skill at drawing on his Native identity to obtain land, then manipulating English law to sell and record this land, and later switching to Indian norms to evade obstacles put in his way by colonial authorities. By drawing on both Native and English legal practices, Wompas aimed to make land transactions intelligible to both sides, thus increasing the chances that sales would be accepted.
Philip Alston and Mary Robinson (eds)
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199284627
- eISBN:
- 9780191700316
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199284627.001.0001
- Subject:
- Law, Human Rights and Immigration, Environmental and Energy Law
For several decades after the UN Charter insisted that the promotion of development and human rights were central to post-World War II conceptions of world order, the two fields remained in virtual ...
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For several decades after the UN Charter insisted that the promotion of development and human rights were central to post-World War II conceptions of world order, the two fields remained in virtual isolation from one another. Only in the past fifteen years or so, with the fall of the Berlin Wall and the realization that freedom and economic well-being are empirically linked, have the professional communities dealing with development and human rights issues really begun to communicate effectively. But too much of the dialogue has been confined to an abstract or theoretical level. This book addresses highly specific but crucial aspects of the human rights and development interface, including the economics of social rights; land rights and women's empowerment; child labour and access to education; reform of legal and judicial systems; the human rights role of the private sector; and building human rights into development planning, especially the Poverty Reduction Strategy process. Contributors include lawyers, economists, and both scholarly and practitioner perspectives are presented. Several chapters are written by Senior World Bank officials, including the Bank's President and the head of the International Finance Corporation.Less
For several decades after the UN Charter insisted that the promotion of development and human rights were central to post-World War II conceptions of world order, the two fields remained in virtual isolation from one another. Only in the past fifteen years or so, with the fall of the Berlin Wall and the realization that freedom and economic well-being are empirically linked, have the professional communities dealing with development and human rights issues really begun to communicate effectively. But too much of the dialogue has been confined to an abstract or theoretical level. This book addresses highly specific but crucial aspects of the human rights and development interface, including the economics of social rights; land rights and women's empowerment; child labour and access to education; reform of legal and judicial systems; the human rights role of the private sector; and building human rights into development planning, especially the Poverty Reduction Strategy process. Contributors include lawyers, economists, and both scholarly and practitioner perspectives are presented. Several chapters are written by Senior World Bank officials, including the Bank's President and the head of the International Finance Corporation.
Karen O. Mason and Helene M. Carlsson
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199284627
- eISBN:
- 9780191700316
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199284627.003.0007
- Subject:
- Law, Human Rights and Immigration, Environmental and Energy Law
This chapter addresses gender disparities in land rights. It also determines the reasons why secure rights to land generally improve sustainable development and human well-being. In addition, it ...
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This chapter addresses gender disparities in land rights. It also determines the reasons why secure rights to land generally improve sustainable development and human well-being. In addition, it discusses gender disparities in the control of land and some of the factors that underlie these disparities. Moreover, it reports the specific gains to be derived by insuring gender equality in rights to land. It makes policy recommendations to improve women's titling to land and the benefits that this secure titling can bring. General determinants that are significant across a variety of settings are: inheritance laws, either customary or statutory; the manner in which land reforms are affected; the concept of the ‘head of household’ and its application in land titling; and the economic inequality of males and females in land markets. The data indicated that greater gender equality in land rights helps to empower women and enhances economic growth and human well-being.Less
This chapter addresses gender disparities in land rights. It also determines the reasons why secure rights to land generally improve sustainable development and human well-being. In addition, it discusses gender disparities in the control of land and some of the factors that underlie these disparities. Moreover, it reports the specific gains to be derived by insuring gender equality in rights to land. It makes policy recommendations to improve women's titling to land and the benefits that this secure titling can bring. General determinants that are significant across a variety of settings are: inheritance laws, either customary or statutory; the manner in which land reforms are affected; the concept of the ‘head of household’ and its application in land titling; and the economic inequality of males and females in land markets. The data indicated that greater gender equality in land rights helps to empower women and enhances economic growth and human well-being.
Roy Prosterman
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199698547
- eISBN:
- 9780191745522
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199698547.003.0008
- Subject:
- Economics and Finance, South and East Asia, Macro- and Monetary Economics
Most of China’s people remain rural and significantly dependent on agriculture for their livelihood. Decollectivization in 1979-84 led to large production increases and a massive decline in poverty. ...
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Most of China’s people remain rural and significantly dependent on agriculture for their livelihood. Decollectivization in 1979-84 led to large production increases and a massive decline in poverty. But insecure tenure constrained farmers’ ability to invest, abetting a widening urban-rural income gap. Beijing’s response since 1993 has been legislation mandating for farmers 30-year rights that are secure and documented (and now, renewable), leading to a crucial tug-of-war with local authorities over implementation. Our large-scale surveys show the specifics of mixed implementation success, but the slow pace has led some to call for outright private ownership. Close analysis, however, indicates no substantial advantages for private ownership over 30-year renewable rights in the Chinese setting. Both require implementation, and the latter already exist in good form on the law books and enjoy solid support in Beijing. The focus should therefore be on further practical measures of implementation for those 30-year rights.Less
Most of China’s people remain rural and significantly dependent on agriculture for their livelihood. Decollectivization in 1979-84 led to large production increases and a massive decline in poverty. But insecure tenure constrained farmers’ ability to invest, abetting a widening urban-rural income gap. Beijing’s response since 1993 has been legislation mandating for farmers 30-year rights that are secure and documented (and now, renewable), leading to a crucial tug-of-war with local authorities over implementation. Our large-scale surveys show the specifics of mixed implementation success, but the slow pace has led some to call for outright private ownership. Close analysis, however, indicates no substantial advantages for private ownership over 30-year renewable rights in the Chinese setting. Both require implementation, and the latter already exist in good form on the law books and enjoy solid support in Beijing. The focus should therefore be on further practical measures of implementation for those 30-year rights.
