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Hydroelectric power generation in Chile: an institutional critique of the neutrality of market mechanisms

Journal Articles & Books
December, 2012
Chile

This paper presents an institutional analysis of hydropower development in Chile, focusing on the main legal institutions involved and relevant jurisprudence. Hydropower expansion took place within a neoliberal institutional framework imposed by the military government (1973–1990) that included reforms in both the water and electricity sectors. One of the stated purposes of these reforms was to remove ideology from both water management and electricity generation and ensure the neutrality of the state.

Health and living conditions of Palestinian refugees residing in camps and gatherings in Lebanon: a cross-sectional survey

Journal Articles & Books
December, 2012
Lebanon

BACKGROUND: Palestinian refugees have lived in camps and gatherings in Lebanon for more than 60 years. They are socially, politically, and economically disadvantaged as a result of discriminatory laws and decades of marginalisation, as shown by the absence of property rights and being banned from more than 30 occupations. In Palestinian refugee camps and gatherings, the provision of housing, water, electricity, refuse, and other services are inadequate and contribute to poor health.

Looking back to see forward: the legal niceties of land theft in land rushes

Journal Articles & Books
December, 2012
Africa

This paper aims to make a modest contribution to an overdue need to locate the current land rush in its historical context, less as a new phenomenon than as a surge in the continuing capture of ordinary people's rights and assets by capital-led and class-creating social transformation. It aims to do so by looking back to earlier land rushes, and particularly to those which have bearing upon sub-Saharan Africa, the site of most large-scale involuntary land loss today. In particular, the paper focuses upon a central tool of land rushes, property law.

Origins, Nature, and Content of the Right to Property: Five Economic Solitudes

Journal Articles & Books
December, 2012

The thesis of this article is that the now extensive contemporary literature on the economics of property rights has generated more heat than light. Economists have invoked at least five distinct theories of ownership or property rights in their work. Unfortunately, authors frequently fail to acknowledge the existence of competing theories of property rights that stand as conceptual rivals to the theory that they, often implicitly, invoke.

legacy of social conflicts over property rights in rural Brazil and Mexico: Current land struggles in historical perspective

Journal Articles & Books
December, 2012
Mexico
Brazil

This article proposes an approach to the agrarian question that focuses on the establishment of absolute private property rights over land in Brazil and Mexico. The author argues that current land struggles are conditioned by the property regimes inherited from past struggles. The author examines the liberal reforms of the nineteenth century and argues that the balance of class forces led to the slow establishment of absolute private property in Brazil, while in Mexico they triggered the Revolution of 1910–1917, which limited agrarian capitalism.

Rental markets for cultivated land and agricultural investments in China

Journal Articles & Books
December, 2012
China

The purpose of this paper is to empirically track the progress and consequences of the emergence of cultivated land markets in China since 2000. We draw on a set of nationwide, household‐level panel data (for 2000 and 2008) and find that the markets for cultivated land rental have emerged robustly. According to our data, 19 of China's cultivated land was rented in farm operators in 2008. We also find that the nature of China's cultivated land rental contracts has become more formal and lengthened the period of time that the tenant is able to cultivate the rented‐in plots.

Large-scale land deals from the inside out: findings from Kenya's Tana Delta

Journal Articles & Books
December, 2012
Kenya

Although there is alarm over the global land rush, many plans for the large-scale transformation of land acquired by investors remain on the drawing board. Based on a study of two land deals in Kenya's Tana Delta, this paper considers the processes by which blueprint designs are amended or delayed through the involvement of local actors. It demonstrates that even top-down acquisition of land by powerful state-linked actors with the support of policy discourse can be stalled by the rural poor, particularly if the latter have strong customary claims and links to wider opposition.

Governance and governability of coastal shellfisheries in Latin America and the Caribbean: multi-scale emerging models and effects of globalization and climate change

Journal Articles & Books
December, 2012
Central America
South America

We discuss coastal shellfisheries management and governance models in Latin America and the Caribbean (LAC) at different scales. Self-imposed governance with spatial property rights, internal rules and co-management resulted in successful local shellfisheries. At the national level, the long-term Chilean governability system, which included sea-zoning for artisanal and industrial fleets and exclusive allocation of rights to artisanal shellfish communities, successfully tamed wicked management problems.

Wild property and its boundaries – on wildlife policy and rural consequences in South Africa

Journal Articles & Books
December, 2012
South Africa
Southern Africa

Against the backdrop of post-Apartheid neoliberal reform, South African landowners have gained the option to acquire full ownership over wild animals on their land. Corresponding with this, approximately one sixth of South Africa's total land has been ‘game-fenced’ and converted for wildlife-based production (i.e. hunting, ecotourism, live trade and venison production). This article analyzes the institutional process in which authority concerning access to wildlife is being restructured, and argues that the unfolding property regime leads to an intensified form of green grabbing.

Institutional thinking in fisheries governance: broadening perspectives

Journal Articles & Books
December, 2012

Institutional thinking has long been central to fisheries governance. Defined in its most generic form as structural constraints that provide regularities, reduce uncertainties and shape people's interactions, institutions create an enabling or controlling environment for specific governing actions and decisions to take place. Over the years, fisheries governance has relied heavily on the creation and evolution of institutions, especially those related to property rights and access rules.

Towards More Equitable Terms of Cooperation: Local People's Contribution to Commercial Timber Concessions

Journal Articles & Books
December, 2012

SUMMARYThe mixed outcomes of seemingly well-intentioned partnerships that try to create mutually beneficial agreements between local communities and private firms remain a puzzle. This study looks for answers to this puzzle by reviewing a large number of empirical studies in a wide variety of contexts.

Cape York Peninsula, Australia: A frontier region undergoing a multifunctional transition with indigenous engagement

Journal Articles & Books
December, 2012
Australia

Within Australia’s tropical savanna zone, the northernmost frontier regions have experienced the swiftest transition towards multifunctional occupance, as a formerly flimsy productivist mode is readily displaced by more complex modes, with greater prominence given to consumption, protection and Indigenous values. Of these frontier regions, Cape York Peninsula has become the focus for increasingly entrenched, complex contests about regional futures, with the transition towards complex multifunctionality demonstrated in the 1970, 1990 and 2010 tenure maps.