Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futures addresses property and land title as central mechanisms governing access to communally-held land and resources. The collection assesses the effectiveness of property law and tenure models developed around concepts of individual ownership, for achieving long-term environmental and economic sustainability for indigenous peoples and local communities. It explores the momentum for change in the international realm, and then develops a comparative focus across Australia, North America, Africa, Peru, New Zealand and the Pacific region, examining the historical and current impacts of individuation of title on the customary law and practice of indigenous peoples and local communities. Themes of property, privatisation and sustainable communities are developed in theoretical analyses and case studies from these jurisdictions. The case studies throw into sharp relief how questions of land law and resources management should not be separated from wider issues about the long-term viability of communities. Comparative analysis allows consideration of how western models of land tenure and land title might better accommodate the exercise of traditional practices of indigenous peoples and local communities, while still promoting autonomy, choice and economic development. This volume will be of interest to scholars and professionals working in the fields of property law, land reform, policy and planning, indigenous law and customary law, environmental sustainability, development and resource management.

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.

This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.

In everyday practice, private and common property relations often accommodate a wide variety of demands made by the owners and users of land. In a stark contrast, many theories of property and land policy fail to recognize plural property relations. The polyrational theory of planning and property as employed in this book reconciles practice and theory. With international examples, this is a valuable resource for those concerned with town planning, land reform, land use and human rights.

Natural resources and their effective management are necessary for securing the realisation of human rights. The management of natural resources is linked to broad issues of economic development, as well as to political stability, peace and security, but it is also intimately connected to the political, economic, social and cultural rights of individuals and communities relying on these resources. The management of natural resources often leads to ill-planned development, misappropriation of land, corruption, bad governance, misaligned budget priorities, lack of strong institutional reforms and weak policies coupled with a continued denial of the human rights of local communities. This book argues that human rights law can play an important role in ensuring a more effective and sustainable management of natural resources, putting forward the idea of a human rights-based normative framework for natural resource management. It offers a comprehensive analysis of the different norms, procedures, and approaches developed under human rights law that are relevant to the management of natural resources. Advocating for a less market and corporate approach to the control, ownership, and management of natural resources, this book supports the development of holistic and coherent integration of human rights law in the overall international legal framework governing the management of natural resources.

This book examines how property rights are linked to socio-economic progress and development. It also provides a theoretical analysis, an economic/social analysis of planning, case studies of the implementation of planning and regulation instruments, practices related to law and planning, analysis of case laws in a particular segment. The interconnection between property, law and planning is a running theme throughout the book. The land question has been central to South Asian development on two counts: First, although the majority of the population relies on agriculture and allied activities their livelihood, landholding is highly skewed; second, urban planning is facing unprecedented challenges due to bourgeoning property values as well as gush of migrants to cities seeking livelihood. The response to these challenges in the form of laws and policies has been very large compared to the academic attention that is received. However, the measures emerging from planning and policies have had limited impact on the extent of the problems. This paradox calls for serious introspection and academic engagement that this book undertakes. The book further deals with the emerging discipline of planning law, which determines property value and use, and argues that regulatory issues of public policy determine the property valuation and property pricing.