Property Rights

The central focus of this paper is the notion that the home can provide a locale in which people can work at attaining a sense of ontological security in a world that at times is experienced as threatening and uncontrollable. The paper builds on and develops the ideas of Giddens and Saunders on ontological security and seeks to break down and operationalise the concept and explore it through a set of empirical data drawn from interviews with a group of older New Zealand home owners. The extent to which home and home life meets the conditions for the maintenance of ontological security is assessed through an exploration of home as the site of constancy in the social and material environment; home as a spatial context in which the day to day routines of human existence are performed; home as a site free from the surveillance that is part of the contemporary world which allows for a sense of control that is missing in other locales; and home as a secure base around which identities are...

This article discusses structural transformations in small-scale fisheries in a New Zealand community. Expressions of fishing practice and the people who pursue these practices are subject to three different management regimes—Commercial, Recreational and Customary Regulations—each of which is rooted in a particular model of ownership. The community is simultaneously subject to globalization as represented by the local fish processing plant, a burgeoning tourist market, and the Quota Management Regime. These factors intertwine in complex ways to threaten community cohesion; yet, fishers, irrespective of category, express sentiments indicating an emergent level of solidarity based on a shared productive activity and a common distaste for various elements of globalization.

Not-guilty verdicts, mistrials, and impunity for the Bundy family and many of their supporters in the armed confrontations over public land use in Nevada and Oregon. Expanded access for private oil, gas, mining, and logging industries and the downsizing of national monuments such as Bears Ears lead by Secretary of the Interior Ryan Zinke. A number of highly contentious debates and sensationalized events have again focused attention on land held in the public domain by the United States. This essay argues that federal land policy as a form of colonial administration has been constitutive for the logic of expectation as property in what is now the United States. From the state land cessions negotiated on behalf of the Articles of Confederation to the preemption acts (1830–1841) to the homestead acts (1862–1916) to present-day demands for land transfer, the acquisition and disposal of the so-called public domain have been central to westward colonization, the consolidation of the nation-state, and the promise of land ownership as the ostensible foundation of individual liberty. These dynamics are evident in contemporary conflicts over public lands and arguments for the transfer of public lands to either state or private ownership. Approaching the Bundy occupations as flashpoints that illuminate competing interpretations and claims to land within the history of westward colonization, this essay seeks to demonstrate the ways in which expectation emerges from particular economies of dispossession of indigenous peoples that have historically worked through and across the division of public and private property.

When the Greeks and surviving Armenians of present-day Turkey were forced to leave their homeland in 1922, the movable and immovable property they had to leave behind became known as „abandoned property“(emval-i metruke). In theory, this legal term implied that the absent owners continued to enjoy their property rights and were represented by the state. In practice, however, their houses, fields and belongings were stolen. They were used for the immediate housing needs of the remaining population, distributed among the rich and powerful and sold in public auctions. Initially, only a small part of abandoned property was under control of the new Ankara government, which was eager to use it as a source of revenue for the empty state coffers. Before it could do so, however, the government had to deal with various forms of active and passive resistance: homeless people and refugees squatted „abandoned“ homes and fields, and members of parliament initially refused to pass laws that would have legalized government administration of „abandoned“ property. From 1924 onwards, the property compensation for among incoming migrants from Greece (the so-called exchangees) threatened the financial interests of the state and pitted the newcomers against the existing population. By focusing on all these aspects of the „abandoned property“ question and the multiple forms of resistance against its administration by the state, this book offers unique insights into the social and political history of early republican Turkey.zeige weniger

“Privatization” of public lands has been urged on the grounds that it will provide a more efficient allocation of the nation's resources. However, there are some public policy objectives which private ownership and free markets are not equipped to achieve. Historically, these objectives have motivated legislation authorizing retention of some land in public ownership. Indeed, land in both forms of

The effects of Intellectual Property Rights (IPRs) is one of the economic mysteries of the current literature. However, at sectoral-level, it has still failed to provide any obvious empirical evidence regarding any direct link between patents and productivity. The chief contribution of this research paper is to provide empirical evidence on how chemistry patents relate to productivity growth in the case of a low-tech intensive industry (Food, Beverage and Tobacco). In order to support both the theoretical and empirical findings of the literature a dynamic regression model is tested and found a valid representation of the negative relationship between food chemistry patents granted and productivity growth in the long run. Subsequently, some conclusions and policy implications are suggested in order to support the enhanced productivity growth performance of these food industries, highlighting the importance of changes in current property protection systems

this paper are entirely those of the authors. They do not necessarily represent the view of the World Bank, its Executive Directors, or the countries they represent. Policy Research Working Papers are available online at http://econ.worldbank.org. I.

Adult children living with their parents represent an increasingly common social phenomenon in the Unites States that challenges the boundaries of both the family and formal property rights. What is the legal status of adult children living with their parents? Do parents have any additional duties when they rescind permission for their child to live with them? Property and family scholars have not addressed this important issue. This article fills the void. Instead of treating people who live together as strangers, owing no legal obligations to one another, I argue that under certain conditions living with others creates a property community in the home. I call this community "home sharing". Thinking of living with others as a property community allows us to legally recognize the deep commitment between people who share a home. I urge scholars to reconsider the rule that allows an owner to unilaterally revoke permission to live in the home and argue that eviction law shoul...

The analysis of state failure and the policy debate have been driven by two very different underlying views of what the state does. The first, which we call the “servicedelivery” view says the role of the state is to provide law and order, stable property rights, key public goods and welfarist redistributions. In failing to provide these, state failure contributes to economic under-performance and poverty. State failure of this type is in turn related to an inter-dependent constellation of governance failures including corruption and rent-seeking, distortions in markets and the absence of democracy. All of these need to be addressed to focus the state on its core service-delivery tasks. The second locates the developing country state in the context of “social transformation”: the dramatic transition these countries are going through as traditional production systems collapse and a capitalist economy begins to emerge. Dynamic transformation states have heavily intervened in property ...

A dynamic tension has long existed between those who would circumscribe the Earth's bounty for private use and those who would carefully allot and safeguard Earth's riches to satisfy human needs. The 1500-year old Public Trust Doctrine, and the much more recent movement to protect Environmental Human Rights, both express in law a belief that some resources should never be sequestered for private use, must be left for the public’s enjoyment, and must be stewarded by those in power. This paper explores the differences and synergies between the Public Trust Doctrine and Environmental Human rights, and explores how these doctrines constrain what counts as “private,” “property,” and “ownership,” with extensive analysis from the doctrines' uses in India, South Africa, California, and Pennsylvania.

The Syrian civil war has seen the weaponization of its land and property rights system by the primary combatant groups in the country. The government is the most robust in its use of the tenure system to locate, target, destroy, confiscate, cleanse, and gain revenue by way of the institutions and attributes comprising the system. Based on fieldwork with Syrian refugees in Lebanon, Jordan, and Turkey, this article describes seven ways the Syrian government is currently using the land and property rights system in its military-on-civilian engagements. While the objective of such use is presumably to permanently prevail over opposition civilian constituencies, the article describes how this actually creates evidence usable for effective restitution of lands and properties subsequent to the war. Introduction The ongoing civil war in Syria has emerged as a laboratory of new weapons used by the various sides in the conflict. While a number of these are purely kinetic-involving both crude and innovative forms of firepower, executions, troop movements and strategies-others take advantage of society based structures and institutions which facilitate targeting specific constituencies within the civilian population and then become attached to kinetic objectives. Statutory land and property rights systems are particularly vulnerable to being used in this way, with significant effect and lasting repercussions. While the Syrian government is not the first to use aspects of land and property rights systems in the pursuit of military objectives, it is the most current, egregious and sophisticated. This paper describes how the statutory land and property rights system has become an important weapon in the Syrian conflict with a number of uses, but with the ultimate counterinsur-gency strategic objective of spatially and permanently prevailing over the insurgency and its civilian constituencies. Permanently ridding certain landscapes of opposition supporters and replacing these with pro-regime inhabitants is just as important to the overall objective of 'prevailing' as is military victory over insurgent combatants for the Syrian government.

Насиље над својином, као краљицом свих (стварних) права, компле-ментарно је одсуству владавине права на просторима Косова и Ме-тохије, које се несметано остварује у условима „постконфликтног мира“, кроз делатност квазидржавних институција и праксу која игно-рише општеприхваћене правне и цивилизацијске норме у сваком иоле уређеном друштву. Имајући то у виду, на дугом путу заштите и рести-туције права својине, Манастир Високи Дечани, Српску православну цркву на Косову и Метохији, као и грађане (пре свега српске нацио-налности), очекују бројна и непредвидива искушења.
Violence against property, as queen of all (real) rights, buddy-mia is the absence of the rule of law in the territory of Kosovo-Metohija and Me, which is freely exercised in a "post-conflict peace", through industry quasi-institutions and practices that ignoring one-draws generally accepted legal and civilized norms in any remotely organized society. With that in mind, on the long road to protect and restore-tion of property rights, Visoki Decani Serbian Orthodox Church in Kosovo and Metohija, as well as citizens (primarily Serbian national uselessness), expect numerous and unpredictable challenges.

It has long been recognised that the ownership of a resource largely influences the way that the resource is used and managed for future use. The definition of property rights as "the capacity to call upon the collective to stand behind one's claim to a benefit stream ” emphasizes quality of the relationship between the right holder and the institution that backs the claim. Regardless of legal and institutional form for decentralization, a primary trend at present in natural resource management is to reconcile legality provided by the state with the legitimacy provided by local institutions for the administration of resource tenure – as a yardstick for genuine subsidiarity. Whereas collective action (or at least organizations) for resource management have been recognized as important in many devolution programs, the role of “property rights ” per se has often not been given the same attention, yet ownership (tenure) is a common avenue to authority over resources. 2 1.

This paper examines the reasoning behind Jeremy Waldron's influential thesis concerning the possibility of the supersession of historical injustice. It argues that Waldron establishes only the possibility that distributions of property brought about by unjust acts may become just, not that this has actually occurred in any case of colonisation. Second, it argues that the injustice involved in the seizure of property does not exhaust the injustice involved in acts of colonisation.

With the enormous expansion of scholarship on this subject,���rule of law��� has come to mean different things-ranging from security and order to the operations of courts and the administration of justice. We review the various streams of theoretical and empirical research by academics and practitioners, emphasizing the connections to economic development. The core logic is that security of property rights and integrity of contract underpin, respectively, investment and trade, which in turn fuel economic growth and ...

Résumé Cet article présente les développements récents de la théorie autrichienne des cycles. Il se concentre sur les apports théoriques et soutient que désormais la théorie autrichienne des cycles est une théorie plurielle de la récurrence des erreurs collectives d’anticipation. Les économistes autrichiens s’accordent pour penser que la nationalisation de la monnaie est à l’origine de l’excès d’offre de monnaie. Cet excès crée une distorsion de la structure des taux d’intérêt des prêts et induit la phase de récession du cycle. Ils s’entendent aussi sur les raisons de la récurrence des erreurs d’anticipation et sur leur uniformité. La théorie des droits de propriété explique la récurrence des erreurs d’anticipation par la socialisation des risques. La théorie des anticipations explique les erreurs collectives par la centralisation des anticipations autour des décisions de la banque centrale. Elle rend ainsi compte de l’instabilité des systèmes économiques. Les économistes autrichien...

Los campos comuneros son propiedades rurales de uso colectivo cuyo acceso es legi-timado a partir del parentesco entre sus pobladores. Se asume que sus orígenes son colo-niales y todavía hoy constituyen un tipo de propiedad ampliamente difundida en la región de estudio. Este artículo se propone explorar el surgimiento y el devenir de la propiedad indivisa hasta 1800, plantea una periodización del proceso e indaga en las prácticas de los comuneros a través del desarrollo de cinco ejemplos. PALABRAS CLAVE: Derechos de propiedad; Los Llanos de La Rioja; Campos comuneros. «Campos comuneros» (also called «mercedes») are collective properties based on kinship, that still continue to exist in Los Llanos region. The purpose of this article is to provide an interpretation of the emergence and fate of this kind of agrarian structure until the XIX Century and to propose a periodization of the process and an explanation of commoner s social practices.

This article analyses a women’s movement that emerged in the context of increased land commodification in Morocco. It focuses on the dynamics that characterised the making of this coalition of actors across the social divide. It mainly analyses the division of tasks among the different partners, highlighting the role played by intermediate organisations and actors in connecting and merging together local, national and international norms, practices and actors. The empowerment of this intermediate layer of leaders indicates a gradual inversion of the power hierarchy and illustrates the fluidity of domination relationships within social movements.