This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.

The guidelines are the first comprehensive, global instrument on tenure and its administration to be prepared through intergovernmental negotiations.The guidelines set out principles and internationally accepted standards of responsible practices for the use and control of land, fisheries and forests. They provide guidance for improving the policy, legal and organizational frameworks that regulate tenure rights; for enhancing the transparency and administration of tenure systems; and for strengthening the capacities and operations of public bodies, private sector enterprises, civil society organizations and people concerned with tenure and its governance.The guidelines place the governance of tenure within the context of national food security, and are intended to contribute to the progressive realization of the right to adequate food, poverty eradication, environmental protection and sustainable social and economic development.

Domestic and international development strategies often focus on private ownership as a crucial anchor for long-term investment; the security of property rights provides a foundation for capitalist expansion. In recent years, Thailand's policies have been hailed as a prime example of how granting formal land rights to poor farmers in low-income countries can result in economic benefits. But the country provides a puzzle: Thailand faced major security threats from colonial powers in the nineteenth century and from communism in the twentieth century, yet only in the latter case did the government respond with pro-development tactics. In Land and Loyalty, Tomas Larsson argues that institutional underdevelopment may prove, under certain circumstances, a strategic advantage rather than a weakness and that external threats play an important role in shaping the development of property regimes. Security concerns, he find, often guide economic policy. The domestic legacies, legal and socioeconomic, resulting from state responses to the outside world shape and limit the strategies available to politicians. While Larsson’s extensive archival research findings are drawn from Thai sources, he situates the experiences of Thailand in comparative perspective by contrasting them with the trajectory of property rights in Japan, Burma, and the Philippines.

In sub-Saharan Africa, property relationships around land and access to natural resources vary across localities, districts, and farming regions. These differences produce patterned variations in relationships between individuals, communities, and the state. This book captures these patterns in an analysis of structure and variation in rural land tenure regimes. In most farming areas, state authority is deeply embedded in land regimes, drawing farmers, ethnic insiders and outsiders, lineages, villages, and communities into direct and indirect relationships with political authorities at different levels of the state apparatus. The analysis shows how property institutions - institutions that define political authority and hierarchy around land - shape dynamics of great interest to scholars of politics, including the dynamics of land-related competition and conflict, territorial conflict, patron-client relations, electoral cleavage and mobilization, ethnic politics, rural rebellion, and the localization and "nationalization" of political competition.

A new understanding of the causes and consequences of incomplete property rights in countries across the world.

Property Rights in Land widens our understanding of property rights by looking through the lenses of social history and sociology, discussing mainstream theory of new institutional economics and the derived grand narrative of economic development. Written by a collection of expert authors, the chapters delve into social processes through which property relations became institutionalized and were used in social action for the appropriation of resources and rent. This was in order to gain a better understanding of the social processes intervening between the institutionalized ‘rules of the game’ and their economic and social outcomes.

A fascinating sociological assessment of the damaging effects of the for†‘profit partnership between government and corporation on rural Americans Why is government distrust rampant, especially in the rural United States? This book offers a simple explanation: corporations and the government together dispossess rural people of their prosperity, and even their property. Based on four years of fieldwork, this eye†‘opening assessment by sociologist Loka Ashwood plays out in a mixed†‘race Georgia community that hosted the first nuclear power reactors sanctioned by the government in three decades. This work serves as an explanatory mirror of prominent trends in current American politics. Churches become havens for redemption, poaching a means of retribution, guns a tool of self†‘defense, and nuclear power a faltering solution to global warming as governance strays from democratic principles. In the absence of hope or trust in rulers, rural racial tensions fester and divide. The book tells of the rebellion that unfolds as the rights of corporations supersede the rights of humans.

This book presents an informative examination of how the issue of womenâ (TM)s land rights has been dealt with both in Indian literature, particularly Indian English fiction, and in Indian society. The human rights of women are a revolutionary notion that has opened the way for the definition, analysis, and articulation of womenâ (TM)s experiences of widespread violence, degradation, discrimination, and marginality. Globally, womenâ (TM)s land rights are becoming an area of increasing urgency and concern as discrimination against women over land, property and inheritance rights continues to keep them in a subordinate position even today. Land empowers, and equality in land rights is an indicator of womenâ (TM)s economic empowerment and at the same time helps in poverty reduction. Many Indian writers, especially Indian English women novelists, have dealt with issues of land, dispossession, hunger and poverty in rural India in particular, but none have explicitly referred to womenâ (TM)s land rights. For men, land is an essential element of their identity as â ~providerâ (TM), but for women it is a demand for recognition as a human being. However, women in India are rarely landowners, and in most Indian families women do not own any property in their own names. They are usually refused a share in the paternal property, although, according to the Indian Succession Act, 1925, everyone is entitled to equal inheritance. Unfortunately in India, law and society conspire to deny women their right to land ownership, although there have been several legal amendments to redress this gender inequality. This book deals with the gap that lies between womenâ (TM)s land rights in India and the actual ownership of land.