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Whilst historically communal property has had very different meanings and functions in the UK, China, and other regions of the world, parallel developments are emerging, and modern perceptions are converging even as each region faces its own unique challenges in the management of land and natural resources. These developments have raised an important question: What legal strategies are most likely to promote the development and protection of communal property? Answers to this question will not only guide domestic debates on resource governance and community development, but also provoke global discussions and help to formulate global guidelines to address pressing challenges. Contributions to Legal Strategies for the Development and Protection of Communal Property focus on legal strategies for the development and protection of communal property as it relates to land and other natural resources, considering how these strategies 'map' over different jurisdictions (England and Wales, Scotland, South Africa, Cameroon, Italy, Israel, and China) and through different jurisprudential approaches. Legal Strategies for the Development and Protection of Communal Property looks at property beyond the traditional, individualist, and exclusive ownership model, placing the focus on communal property from different standpoints and linking the empirical perspective with the theoretical perspective. In doing so, it challenges the theory of communal property through empirical case studies, not only linking theory with practice but also linking the local with the global.
Principles of Property Law offers a critical and contextual analysis of fundamental property law, providing students with the tools to enable them to make sense of English land law rules in the context of real world applications. This new book adopts a contextual approach, placing the core elements of a qualifying law degree property and land law course in the context of general principles and practices as they have developed in the UK and other jurisdictions in response to a changing societal relationship with a variety of factors. Also drawing on concepts of property developed by political theorists, economists and environmentalists, Principles of Property Law gives students a clear understanding of how property law works, why it matters and how the theory connects with the real world. Suitable for undergraduates studying property and land law in England, Wales and Northern Ireland, as well as postgraduate students seeking an accessible analysis.
This book explores the challenge that the commons present to the private-public dichotomy in a wide variety of national legal systems representing the West European legal tradition as well as post-socialist and post-colonial experiences. It presents national reports from 13 jurisdictions, ranging from Belgium and the South Africa to the US. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative law.
This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.
From the shaping of new homelands in the Cherokee Nation to the export of sand from Cambodia to shore up urban expansion in Singapore, The Social Lives of Land reveals the dynamics of contemporary social and political change. The editors of this volume bring together contributions from across multiple disciplines and geographic locations. The contributions showcase novel theoretical and empirical insights, analyzing how people are living on, with, and from their land. From Mozambique to India, Indonesia, Ecuador, and the colonial United States, the scholars in this collection uncover histories and retell stories with a focus on the lived experiences of rural and urban land dispossession and repossession. Contributors: Kati Álvarez, Clint Carroll, Flora Lu, Richard Mbunda, Gregg Mitman, Paul Nadasdy, Robert Nichols, Andrew Ofstehage, Laura Schoenberger, Kirsteen Shields, Emmanuel Sulle, Erik Swyngedouw, Gabriela Valdivia, Katherine Verdery, Callum Ward, Ciara Wirth, Emmanuel King Urey Yarkpawolo
In Regulatory Property Rights: The Transforming Notion of Property in Transnational Business Regulation, editor Christine Godt generates fresh impetus for rethinking modern property theory. The book’s central theme is the transformation of property in response to societal changes brought about by internationalization, digitalization and new forms of collective action. The contributions sketch a vision of modern property, which grew out of 18th and 19th century ideologies. It operates in the modern multilevel system, and is not confined to the nation state. It is conscious about the broad range of functionalities of the title holder with regard to managing international supply and distribution chains and modern rationalities of the capital market, and at the same time acknowledges the legitimate interests of third parties and modern forms of governance.
The Clean Water Act (CWA) requires that wetlands be protected from degradation because of their important ecological functions including maintenance of high water quality and provision of fish and wildlife habitat. However, this protection generally does not encompass riparian areasâ€"the lands bordering rivers and lakesâ€"even though they often provide the same functions as wetlands. Growing recognition of the similarities in wetland and riparian area functioning and the differences in their legal protection led the NRC in 1999 to undertake a study of riparian areas, which has culminated in Riparian Areas: Functioning and Strategies for Management. The report is intended to heighten awareness of riparian areas commensurate with their ecological and societal values. The primary conclusion is that, because riparian areas perform a disproportionate number of biological and physical functions on a unit area basis, restoration of riparian functions along America's waterbodies should be a national goal.
This comprehensive Research Handbook interrogates and offers historical as well as contemporary understandings of property, property law and property theory. Chapters locate the role of property in key theoretical debates and examine propertyÕs place in significant social contexts, covering topics such as Indigenous property, artificial intelligence, cryptoassets, property and the art world, environmentalism and climate change.
Examining the role human rights can play in the regulation of natural resource management, this book shines light on the duties of states and private actors when exploiting natural resources and the procedural rights of affected citizens.
Labour Law Utopias: Post-Growth & Post-Productive Work Approaches engages with new socioeconomic ideas that look beyond the current growth-driven competitive market economy. Building on analysis of economic growth, as well as the limits of the logic of human productivity and competitivity for workers and the environment, it explores alternative approaches and what those will mean for work in general, and labour law in particular. The concept of 'post-growth' is used to rethink the purpose of the economy by looking beyond merely increasing wealth, consumption, and production, considering what this means for the position of work in society as well as the individual worker. The post-productive work approach is used to question the centrality of economically productive work and its regulation in labour laws. The chapters in this book take a progressive approach and discuss whether and how labour law can contribute to the emancipation of work from the constraints of growth and productivity by revisiting the value, organization, and impact of work. With these utopian ideas for labour law, the contributions in this book present inspirational 'dots on the horizon' that could guide the direction of changes in labour law as it navigates issues such as the implementation of digital and green solutions, the energy crisis, migration, rising inequality, and precariousness. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Academic and offered as a free PDF download from OUP and selected open access locations.