Routledge Complex Real Property Rights Series – serie

Shopping malls in China create a new pseudo-public urban space which is under the control of private or quasi-public power structure. As they are open for public use, mediated by the co-mingling of private property rights and public meanings of urban space, the rise, publicness and consequences of the boom in the construction of shopping malls raises major questions in spatial political economy and magnifies existing theoretical debates between the natural and conventional schools of property rights.In examining these issues this book develops a theoretical framework starting with a critique of the socio-spatial debate between two influential bodies of work represented by the work of Henri Lefebvre and David Harvey. Drawing on the framework, the book examines why pseudo-public spaces have been growing so rapidly in China since the 1980s; assesses to what degree pseudo-public spaces are public, and how they affect the publicness of Chinese cities; and explores the consequences of their rise.Findings of this book provide insights that can help to better understand Chinese urbanism and also have the potential to inform urban policy in China. This book will be of interest to academics and researchers in both Chinese studies and urban studies.

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.

For more than a century, property rights to land in Molo in the Kenyan highlands have been subjected to diverse reforms and desires. Colonial and independent state administrations have restructured land tenure systems to establish and maintain authority or alleviate landlessness. Meanwhile, people on the ground have developed their own ideas about property rights, place, and people. Via a detailed political ethnography, Ulrika Kolben Waaranperä uncovers the heterodox notion of property rights that has emerged as land has been redistributed, settlement schemes established, electricity lines drawn, and electoral violence mobilized. The book makes an important contribution to the study of land and politics in Kenya and beyond by drawing attention to how conceptions of property rights are shaped by and constitutive of relations of belonging and authority. This relational view challenges the universal definition of property rights undergirding most contemporary land reforms. Instead, property rights are situated within the political and rendered legible for both definitional and distributional debates. In effect, land reform is posited as a fundamentally political undertaking.

For more than a century, property rights to land in Molo in the Kenyan highlands have been subjected to diverse reforms and desires. Colonial and independent state administrations have restructured land tenure systems to establish and maintain authority or alleviate landlessness. Meanwhile, people on the ground have developed their own ideas about property rights, place, and people. Via a detailed political ethnography, Ulrika Kolben Waaranperä uncovers the heterodox notion of property rights that has emerged as land has been redistributed, settlement schemes established, electricity lines drawn, and electoral violence mobilized. The book makes an important contribution to the study of land and politics in Kenya and beyond by drawing attention to how conceptions of property rights are shaped by and constitutive of relations of belonging and authority. This relational view challenges the universal definition of property rights undergirding most contemporary land reforms. Instead, property rights are situated within the political and rendered legible for both definitional and distributional debates. In effect, land reform is posited as a fundamentally political undertaking.

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.

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.

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 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 theoryThe specific public benefits given for compulsory acquisitionThe role the development industry plays in facilitating, encouraging or promoting compulsory acquisitionWhat 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.

Shopping malls in China create a new pseudo-public urban space which is under the control of private or quasi-public power structure. As they are open for public use, mediated by the co-mingling of private property rights and public meanings of urban space, the rise, publicness and consequences of the boom in the construction of shopping malls raises major questions in spatial political economy and magnifies existing theoretical debates between the natural and conventional schools of property rights.In examining these issues this book develops a theoretical framework starting with a critique of the socio-spatial debate between two influential bodies of work represented by the work of Henri Lefebvre and David Harvey. Drawing on the framework, the book examines why pseudo-public spaces have been growing so rapidly in China since the 1980s; assesses to what degree pseudo-public spaces are public, and how they affect the publicness of Chinese cities; and explores the consequences of their rise.Findings of this book provide insights that can help to better understand Chinese urbanism and also have the potential to inform urban policy in China. This book will be of interest to academics and researchers in both Chinese studies and urban studies.

Traditional valuation approaches are increasingly recognised as being insufficient to address the wicked valuation problems of the diverse peoples and groups that inhabit the globe from north, south, east to west. This book demonstrates the limitations of science and, in particular economics, as the foundation on which valuations are traditionally based. It demonstrates the importance of and provides justification for the personal, cultural values and norms which underpin our assessment of "value", and the fact that these vary across the world. In Wicked Valuations Michael McDermott develops a means of engaging with highly complex valuation problems. His autoethnography provides a lens to draw on knowledge and experience from his 40 years in land valuation in Africa and the Asia-Pacific, while documentary analysis is used to draw in the views of other valuation practitioners and scholars who are becoming increasingly aware of the need to develop ways to adapt land valuation processes to the complexity of our contemporary landscapes.

This book explores the role of private mining rights in the utopian imaginary of space colonisation. It presents a transdisciplinary account of the new and evolving legislative frameworks that have been established in anticipation of commercial exploitation of the mineral resources of the off-world frontier. Written in an engaging style, the book investigates a novel case study in the history of capitalism and 'the commons': the emergence of a nascent space mining industry, undergirded by a contentious legislative framework. In 2015, the US passed laws that would recognise the claims of US corporations to own and sell space resources. This unilateral act of pre-emptive law-making would appear to contravene the terms of the UN Outer Space Treaty (1967), which declared that the exploration and use of outer space should be ‘for the benefit of all mankind’ and ‘not subject to national appropriation’.Using this central dynamic between privately held mining rights and outer space as a 'global commons', Matthew Johnson constructs an historical sociology of space mining – from the deep historical roots of common and private property to the contemporary networks of neoliberalism that have engaged with the commercialisation of space activity. The anticipatory expansion of private property claims beyond the Earth both resonates with and problematises the ‘terrain’ of political history, such as the tensions between states and markets, public law and private power, ‘the commons’ and exclusive property. The emerging cosmopolitics of off-world private property mirrors (and is often explicitly embedded within) neoliberal geopolitics, prompting urgent questions about how we can reaffirm principles of democracy and ‘common heritage’ in the international laws of Earth and space. This book is compelling reading for anyone interested in the social study of space, law, economics, technology, politics and property rights.

This book explores the role of private mining rights in the utopian imaginary of space colonisation. It presents a transdisciplinary account of the new and evolving legislative frameworks that have been established in anticipation of commercial exploitation of the mineral resources of the off-world frontier. Written in an engaging style, the book investigates a novel case study in the history of capitalism and 'the commons': the emergence of a nascent space mining industry, undergirded by a contentious legislative framework. In 2015, the US passed laws that would recognise the claims of US corporations to own and sell space resources. This unilateral act of pre-emptive law-making would appear to contravene the terms of the UN Outer Space Treaty (1967), which declared that the exploration and use of outer space should be ‘for the benefit of all mankind’ and ‘not subject to national appropriation’.Using this central dynamic between privately held mining rights and outer space as a 'global commons', Matthew Johnson constructs an historical sociology of space mining – from the deep historical roots of common and private property to the contemporary networks of neoliberalism that have engaged with the commercialisation of space activity. The anticipatory expansion of private property claims beyond the Earth both resonates with and problematises the ‘terrain’ of political history, such as the tensions between states and markets, public law and private power, ‘the commons’ and exclusive property. The emerging cosmopolitics of off-world private property mirrors (and is often explicitly embedded within) neoliberal geopolitics, prompting urgent questions about how we can reaffirm principles of democracy and ‘common heritage’ in the international laws of Earth and space. This book is compelling reading for anyone interested in the social study of space, law, economics, technology, politics and property rights.

Recent years have seen a globalization of property rights as the Western conception of property over land has extended across the world. As formerly community-owned land and natural resources are privatized and titling schemes proliferate, Property Rights from Below questions the trend toward treating land as a commodity and explores alternatives to the Western model.As we enter an era of resource scarcity and as competition for land and associated natural resources increases, purchasing power cannot become the sole criterion for land allocation; and the law of supply and demand in increasingly financialized markets cannot become the sole metric through which the value of land is determined. Using a range of examples from around the world, Property Rights from Below demonstrates that alternatives to this model often emerge from social innovations supported by local communities and that there is an urgent need for a broader political imagination when it comes to land governance. This innovative cross-disciplinary perspective on the pressing problems surrounding global property rights will be of interest to academics, students and professionals with an interest in property law, development economics and land governance.

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.

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 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.

Traditional valuation approaches are increasingly recognised as being insufficient to address the wicked valuation problems of the diverse peoples and groups that inhabit the globe from north, south, east to west. This book demonstrates the limitations of science and, in particular economics, as the foundation on which valuations are traditionally based. It demonstrates the importance of and provides justification for the personal, cultural values and norms which underpin our assessment of "value", and the fact that these vary across the world. In Wicked Valuations Michael McDermott develops a means of engaging with highly complex valuation problems. His autoethnography provides a lens to draw on knowledge and experience from his 40 years in land valuation in Africa and the Asia-Pacific, while documentary analysis is used to draw in the views of other valuation practitioners and scholars who are becoming increasingly aware of the need to develop ways to adapt land valuation processes to the complexity of our contemporary landscapes.

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.

Recent years have seen a globalization of property rights as the Western conception of property over land has extended across the world. As formerly community-owned land and natural resources are privatized and titling schemes proliferate, Property Rights from Below questions the trend toward treating land as a commodity and explores alternatives to the Western model.As we enter an era of resource scarcity and as competition for land and associated natural resources increases, purchasing power cannot become the sole criterion for land allocation; and the law of supply and demand in increasingly financialized markets cannot become the sole metric through which the value of land is determined. Using a range of examples from around the world, Property Rights from Below demonstrates that alternatives to this model often emerge from social innovations supported by local communities and that there is an urgent need for a broader political imagination when it comes to land governance. This innovative cross-disciplinary perspective on the pressing problems surrounding global property rights will be of interest to academics, students and professionals with an interest in property law, development economics and land governance.

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.

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.

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.

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.