Sustainable Futures Comparative Perspectives on Communal Lands and Individual Ownership

About this book

Sustainable Futures is a specially organized collection of critical debates, analyses and evaluations of changing models of property as the vehicle governing access to land and resources. These trends are explored in the context of current moves across many countries to privatize communal land holdings, and the collection comprises international analyses in conjunction with case studies - each of which explores an aspect of the broader themes of property, privatization, and sustainable communities - drawn from Australia, North America, South Africa, New Zealand, Sub-Saharan Africa and the Pacific region.Recognising that social and cultural factors need to be taken into account in resolving conflicts about land and resources, this volume throws into sharp relief how questions of land and resources management cannot be separated from wider issues about the long-term viability of communities and their environments.

In its assessment of the effectiveness of property law and other legal models for achieving long-term environmental and economic sustainability, this volume thus explores and compares changing conceptions of property law as they impact on management and resources law, policy reforms, and indigenous communal, or customary title.

Contents

Introduction: A Sustainable Future for Communal Lands, Resources and Communities, Lee Godden and Maureen Tehan Section 1: Situating Sustainable Futures -- Challenges for Communal Land and Resources 1. Managing Social Tenures, Jude Wallace 2. Social Justice, Communal Lands and Sustainable Communities, Tom Calma 3. The Estate as Duration: "Being in Place" and Aboriginal Property Relations in Areas of Cape York Peninsula in North Australia, Marcia Langton Section 2: Trends towards Individual Title -- History and Context 4. You Can't Always Get what you Want: Economic Development on Indigenous Individual and Collective Titles in North America: What Land Tenure Models are Relevant to Australia? Margaret Stephenson 5. Individualisation -- An idea whose Time Came, and Went: The New Zealand Experience, Richard Boast 6. One Step Forward, Two Steps Back: Peru's Approach to Indigenous Land and Resources and the Law, Lila Barrera-Hernandez 7. Lessons from the Cape: Beyond South Africa's Transformation Act, Juanita M. Pienaar Section 3: Recognition of Communal Lands -- Processes and Pressures 8. Beyond 'Richtersveld': The Judicial Take on Restitution of Communal Land Rights in South Africa, Hanri Mostert 9. Land, Environmental Management, and the New Governance in Burkina Faso, Simon Batterbury 10. Management of Customary Land as a Form of Communal Property in Solomon Islands, Vanuatu and Fiji, Joseph Foukona 11. The Act that almost was: The Fijian Qoliqoli Bill 2006, Shaunnagh Dorsett Section 4: Issues for Communal Lands and Resources in Australia 12. Spatial Technologies, Mapping and the Native Title Process, Peter Bowen 13. Discrimination as a cause of Poverty in Aboriginal Communities: Measuring Implementation of the Right to Non-Discriminatory and Equitable access to Health Care Services of Aboriginal and Torres Strait Islander Peoples, Clancy Kelly 14. Customary Land Tenure, Communal Titles and Sustainability: The Allure of Individual Title and Property Rights in Australia, Maureen Tehan Section 5: Conclusion: Communal Governance of Land and Resources as a Sustainable Institution Lee Godden

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Biography

Professor Lee Godden and Associate Professor Maureen Tehan are academic staff in the Melbourne Law School at the University of Melbourne.