Law, Property and Disasters: Adaptive Perspectives from the Global South

This book re-examines property law for a future of environmental disruption, arguing that state-centric property laws are ill-suited to the reality of informal settlements in many parts of the Global South. It develops a vision of adaptive governance for property in land based on a critical re-assessment of state-centric property law.

Format: Paperback / softback
Length: 185 pages
Publication date: 31 May 2021
Publisher: Taylor & Francis Ltd

This book re-examines property law in the face of environmental disruption, a topic that has gained significant attention in recent years. As slogans like "build the wall" or "stop the boats" shape public policy, questions arise about whether positivist or statist notions of property are suitable for a time of human mobility and environmental change. State-centric property laws, which establish legal fictions of sovereign control over land, fail to acknowledge the persistent reality of informal settlements in many parts of the Global South. In the aftermath of catastrophic disasters, this book proposes 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 wide readership, including legal scholars, property law practitioners, adaptive governance experts, international development professionals, refugee studies scholars, postcolonial studies experts, and those interested in natural disasters. It offers a comprehensive exploration of the challenges and opportunities posed by environmental disruption, and proposes innovative solutions to address them.

The book begins by examining the historical roots of state-centric property law and its implications for the distribution of land and resources. It then explores the challenges posed by informal settlements and the need for alternative approaches to property governance. The book proposes a framework for adaptive governance that emphasizes the role of local communities, the importance of flexible legal frameworks, and the need for sustainable development practices.

Throughout the book, case studies from various regions of the world are used to illustrate the practical applications of adaptive governance for property in land. These case studies include examples from the Global South, where informal settlements are prevalent, as well as from developed countries, where climate change and other environmental challenges are increasingly prevalent. The book also examines the role of international law and institutions in promoting sustainable property governance and the need for greater cooperation between different stakeholders.

In conclusion, this book offers a valuable contribution to the field of property law and adaptive governance. It provides a critical re-assessment of state-centric property law and proposes a vision of adaptive governance that is responsive to the needs of a changing world. By highlighting the importance of local communities, flexible legal frameworks, and sustainable development practices, this book offers a roadmap for promoting sustainable property governance and addressing the challenges posed by environmental disruption.

Weight: 298g
Dimension: 155 x 234 x 15 (mm)
ISBN-13: 9781032008141