Law, Property and Disasters
Adaptive Perspectives from the Global South
- Available for pre-order. Item will ship after May 25, 2021
This book provides a re-assessment of 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.
Table of Contents
1. Land Law and the State: New Contexts of Human Mobility
2. Property and Sovereignty: A Postcolonial Perspective
3. Polycentric Property Systems
4. Property Law and Disaster Vulnerability: The Case of Typhoon Haiyan
5. Land and the Lens of the State: Law, Rights and Disaster Risk Reduction
6. Land Titling after the Indian Ocean Tsunami Disaster
7. Community Mapping: Adjusting Property after the Tsunami
8.Towards Adaptive Property Law
Daniel Fitzpatrick is Professor of Law at Monash University.
Caroline Compton is a Postdoctoral Research Associate based in the Faculty of Law at UNSW.