Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futures

Edited by Lee Godden and Maureen Tehan

Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futures addresses property and land titles as central mechanisms governing access to communally-held land and resources. The collection asses the effectiveness of property law and tenure model developed around the concepts of individual ownership, for achieving long-term environmental and economic sustainability for indigenous peoples and local communities. It explores the momentum for change in the international realm and then develops a comparative focus across Australia, North America, Africa, Peru, New Zealand and the Pacific region, examining the historical and current impacts of individuation of title on the customary law and practice of indigenous peoples and local communities. Themes of property, privatisation and sustainable communities are developed in theoretical analyses and case studies from these jurisdictions. The case studies throw into sharp relief how questions of land law and resources management should not be separated from wider issues about the long-term viability of communities. Comparative analysis allows consideration of how western models of land tenure and land title might better accommodate the exercise of traditional practices of indigenous peoples and local communities, while still promoting autonomy, choice and economic development.

Professor Lee Godden and Associate Professor Maureen Tehan are academic staff in the Melbourne Law School at the University of Melbourne and are Chief Investigators on the Agreements, Treaties and Negotiated Settlements Project.

The book can be purchased online through Routledge by clicking here

Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futures