Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futures

Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futuresaddresses 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.

Introduction: Situating the Debate: Globalisation, Privatisation, Property and Land Tenure Section 1: Community, Sustainability and Privatisation Section 2: Individual Title and Communal Lands: Comparative Experiences and Historical Lessons Section 3: Contemporary Trends: Communal Resources and Tenure Diversity Section Four: 'Land Rich but Dirt Poor?' - Trends in Individualising Communal Lands List of Contributors: Richard Boast. Tom Calma. Melissa Castan. Darren Dick. Shaunnagh Dorsett. Joseph Foukona. Lee Godden. Langton. Hanri Mostert. Lisa Palmer. Juanita Pienaar. Margaret Stephenson. Maureen Tehan. Jude Wallace. George Yapao. David Yarrow