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Legal Strategies for the Development and Protection of Communal Property

Legal Strategies for the Development and Protection of Communal Property

Author: Ting Xu; Alison Clarke
Publisher: Oxford University Press
ISBN: 9780197266380
Published In: October 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Whilst historically communal property has had very different meanings and functions in the UK, China, and other regions of the world, parallel developments are emerging, and modern perceptions are converging even as each region faces its own unique challenges in the management of land and natural resources.

These developments have raised an important question: What legal strategies are most likely to promote the development and protection of communal property? Answers to this question will not only guide domestic debates on resource governance and community development, but also provoke global discussions and help to formulate global guidelines to address pressing challenges.

Contributions to Legal Strategies for the Development and Protection of Communal Property focus on legal strategies for the development and protection of communal property as it relates to land and other natural resources, considering how these strategies 'map' over different jurisdictions (England and Wales, Scotland, South Africa, Cameroon, Italy, Israel, and China) and through different jurisprudential approaches.

Legal Strategies for the Development and Protection of Communal Property looks at property beyond the traditional, individualist, and exclusive ownership model, placing the focus on communal property from different standpoints and linking the empirical perspective with the theoretical perspective. In doing so, it challenges the theory of communal property through empirical case studies, not only linking theory with practice but also linking the local with the global.

Introduction, Dr Ting Xu & Professor Alison Clarke
1: Commons Governance, Normative Pluralism and the Enduring Role of Custom, Professor Christopher Rodgers
2: Taking Stock of Italian Commons: Un-common Grounds?, Dr Margherita Pieraccini
3: Property in the Kibbutz: Old and New, Professor Abraham Bell, Professor Gideon Parchomovsky, & Mr Benjamin Weitz
4: Community Rights in Scots Property Law, Dr Malcolm Combe
5: The Legal Status of Customary Land Tenure Systems and the Protection of Communal Property in Cameroon, Dr Walters Nsoh
6: Customary Law and Communal Property in South Africa: Challenges and Opportunities, Professor Juanita Pienaar
7: Understanding Collective Property in the Chinese Context through the Lens of Community, Dr Ting Xu & Dr Wei Gong
8: Ownership and Belonging in Urban Green Space, Dr Simone Abram
9: Water: A Common Treasury, Professor Rosalind Malcolm & Professor Alison Clarke