This book re-considers property law for a future of environmental disruption.As slogans such as “build the wall” or “stop the boats” affect public policy, there are counter-questions as to whether positivist or statist notions of property are fit for purpose in a time of human mobility and environmental disruption. State-centric property laws construct legal fictions of sovereign control over land, notwithstanding the persistent reality of informal settlements in many parts of the Global South. In a world affected by catastrophic disasters, this book develops a vision of adaptive governance for property in land based on a critical re-assessment of state-centric property law.This book will appeal to a broad readership with interests in legal theory, property law, adaptive governance, international development, refugee studies, postcolonial studies, and natural disasters.
Daniel Fitzpatrick is a Professor of Law at Monash University.Caroline Compton is a Lecturer in Law at the University of Western Sydney.
1. Land Law and the State: New Contexts of Human Mobility2. Property and Sovereignty: A Postcolonial Perspective3. Polycentric Property Systems4. Property Law and Disaster Vulnerability: The Case of Typhoon Haiyan5. Land and the Lens of the State: Law, Rights and Disaster Risk Reduction6. Land Titling after the Indian Ocean Tsunami Disaster7. Community Mapping: Adjusting Property after the Tsunami8.Towards Adaptive Property LawConclusion
Dariusz Wojtaszyn, Daniel Fitzpatrick, Roland Benedikter, Poland) Wojtaszyn, Dariusz (University of Wroclaw, UK) Fitzpatrick, Daniel (Aston University, Italy) Benedikter, Roland (Eurac Research