1st Edition

Law, Property and Disasters Adaptive Perspectives from the Global South

    192 Pages
    by Routledge

    192 Pages
    by Routledge

    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.

    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 a Professor of Law at Monash University.

    Caroline Compton is a Lecturer in Law at the University of Western Sydney.