Comparative Perspectives on Communal Lands and Individual Ownership

Sustainable Futures

Lee Godden, Maureen Tehan

• Publisher: Routledge-Cavendish
• Year: 2010
• ISBN:
  9781136946011
• Edition: 1
• Topic: Architecture
• Subtopic: Urban Planning & Landscaping

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.

Table of contents

• Contents
• Preface
• Acknowledgements
• List of contributors
• Chapter 1 Introduction
• Section I Situating sustainable futures – challenges for communal land and resources
• Section II Trends towards individual title – history and context
• Section III Recognition of communal lands – processes and pressures
• Section IV Issues for communal lands and resources in Australia
• Section V Conclusion
• Index