Impacts of Privatization of Customary Land Rights in Zambia: A Comparative Study of Rural and Peri‐urban Locations

In its quest for development, Zambia is pursuing a land policy that facilitates privatization of customary land. This article investigates the effects of privatization in terms of how it shapes people's behaviour and perception of private tenure and related tenure dynamics. Findings have shown that the appetite to privatize land is growing stronger in peri‐urban areas as land becomes more scarce. Furthermore, privatization of land appears to be a threat to traditional political structures as allegiance and loyalty towards chiefs diminish and tension and struggles over land in peri‐urban areas increase. Similarly, privatization of land erodes people's faith in the role that cultural and ancestral beliefs play in traditional land management. Also, people in rural areas tend to favour private tenure more if ‘privatization of customary land’ means allocation of land to outsiders. If, by contrast, the phrase is taken to mean communities registering their own land, peri‐urban communities tend to have a stronger desire to register land. Furthermore, rural communities were found to be less informed about land policy and seemed less keen to be involved in land policy processes when compared to peri‐urban residents. However, rural people may have no reason to inform themselves about land policy until they realise that the policy is likely to affect them.     

The Neoliberalization of Municipal Land Policy in Sweden

In Sweden, local governments’ practice of the ‘municipal land instrument’—that is, the use of public land ownership as a tool for facilitating urban development—has a long tradition. In the post‐war era, public land ownership constituted an important component of state‐led housing production, which had both a productive and a redistributive purpose. Departing from a political economy perspective, this article demonstrates how the redistributive aspect of the municipal land instrument has been dissolved under neoliberalization, and discusses why the use of this instrument is problematic from both a democratic and ethical point of view. Based on a case study in Helsingborg, the article argues that, in using public land to leverage private investment in urban development, local decision makers adopt an interest in supporting rent extraction from tenants and housing owners, while subsidizing investment costs for developers. The dual role that municipalities assume as landowner‐developers and planning authorities enable them to facilitate urban development effectively, but it is also problematic because it transgresses the public–private law divide inherent to Swedish law. Assuming this dual role, municipalities place themselves in a biased position that risks undermining the legitimacy of governmental actions in general, and the planning system in particular.     

Idioms of Accumulation: Corporate Accumulation by Dispossession in Urban Zimbabwe

David Harvey's notion of ‘accumulation by dispossession' has inspired a wide range of studies in different places. But it has hardly registered in the area of urban land grabbing in Africa and what the role of local capital has been in these processes. In this article, I use archival data, field observations and insights from key informant interviews in Harare to examine how the 1990s neoliberalism and the post‐1999 Zimbabwe crisis created new opportunities for accumulation of wealth through the irregular and fraudulent transfer of public urban land into private hands, including those of reputable corporate institutions. I provide a summary of the literature on contemporary land grabbing, raising questions about and providing new insights for a comparative understanding of the transformative role and nature of the state, postcolonial African cities, anti‐capitalist struggles, and the status and meaning of planning in different settings.     

Urban Ecological Enclosures: Conservation Planning,Peri-urban Displacement,and Local State Formations in China

Across contemporary China, city governments are unevenly territorializing peri-urban villagers’ land and housing by creating new urban ecological conservation sites. I analyze this emerging form of what I call ‘ecological territorialization’ through three interrelated spatial practices: comprehensive urban–rural planning, peri-urban ‘ecological migration’, and the distribution of institutional responsibility for conservation site financing, construction and management. Detailing this triad of territorializing practices renews attention to the relationship between conservation classifications that justify state intervention, uneven displacements of people from rural land and housing, and site-specific capitalizations that collectively consolidate urban government control over rural spaces. These practices emerge stochastically as state, private, and semi-state institutions capitalize on conservation projects in the context of legally and constitutionally underdefined land use rights and ecological land designations. In the current post-socialist moment of urban ‘greening’, these practices are key to producing frontiers of land-based accumulation and extending local state control across the peri-urban fringe. Urban ecological enclosures not only remake city-level state power but also shape rural people's relationships to land, labor and housing.     

The ‘Graying’ of ‘Green’ Zones: Spatial Governance and Irregular Settlement in Xochimilco,Mexico City

This article details the evolving social and spatial dynamics of a planning approach that is now being used to regulate irregular or informal settlements in the conservation zone of Xochimilco in the Federal District of Mexico City. As part of the elaboration of ‘normative’ planning policies and practices, this approach counts, maps and then classifies irregular settlements into different categories with distinct land‐use regularization possibilities. These spatial calculations establish a continuum of ‘gray’ spaces, placing many settlements in a kind of planning limbo on so‐called ‘green’ conservation land. The research suggests that these spatial calculations are now an important part of enacting land‐use planning and presenting a useful ‘technical’ veneer through which the state negotiates competing claims to space. Based on a case study of an irregular settlement, the article examines how the state is implicated in the production and regulation of irregularity as part of a larger strategy of spatial governance. The research explores how planning ‘knowledges’ and ‘techniques’ help to create fragmented but ‘governable’ spaces that force communities to compete for land‐use regularization. The analysis raises questions about the conception of informality as something that, among other things, simply takes place outside of the formal planning system.     

Placing Property: Theorizing the Urban from Settler Colonial Cities

In the conspicuously geographical debate between ‘North’ and ‘South’ urbanism, settler colonial cities remain displaced. They are located in the ‘North’ but embody ‘South‐like’ colonial dynamics and are hence neither colonial nor postcolonial. Heeding the call to theorize from ‘any city’, this article aims to contribute to a more systematic theorization of the urban from settler colonial cities. In it we focus on the work property does to materialize the settler colonial city and its specific relations of power. We identify three faces of property—as object, as redress and as land—and use case vignettes from Israel/Palestine and Australia to consider how each register continues to inform the functioning of settler colonial cities. We find that, through property, dispossession and settlement are continuously performed and creatively enacted. At the same time, the performance of property reaffirms the endurance of Indigenous land systems amid ongoing colonization. The article makes a contribution to contemporary debates in urban studies about the importance of surfacing the specificities of urban experiences around the world, while further unsettling the dissociative nature of urban property.     

Policy modes,firms and the natural environment

This paper examines how different environmental policy types differentially impact firms and why firms vary in their responses to such policies. Based on the mechanisms embedded in policy instruments to create incentives for firms to comply, the characteristics of benefits/costs that policies impose on firms and the institutional context in which policy instruments were created and are sustained, the paper identifies five policy categories. These are category I (command and control), category II (market based), category III (mandatory information disclosures), category IV (business–government partnerships) and category V (private voluntary codes). Different policy types often bestow asymmetrical benefits/costs on firms. Some benefits/costs may constitute ‘private/club goods’ while others may constitute ‘public goods’. Drawing insights from public policy literature, the paper argues that firms can be expected to favor policies whose benefits have the characteristics of private/club goods but the costs of public goods. Thus, understanding the nature of benefits/costs (private/club versus public) and the magnitude of their excludability is critical in explaining the variations in firms' responses. To understand how managers perceive the nature of benefits/costs (monetary as well as non‐monetary), the paper draws on theories and perspectives in the business and public policy field. In doing so, the paper examines the ‘demand’ and the ‘supply’ sides as well as the market and non‐market environments of a given policy. Thus, the paper makes a case for a multi‐theoretic approach to understand variations in managerial assessments of benefits/costs, and consequently variations in their responses to various policy types. Copyright © 2004 John Wiley & Sons, Ltd and ERP Environment.     

GLOBALIZATION AND CORRUPTION CONTROL IN ASIAN COUNTRIES: The case for divergence

The globalization of corruption has given rise to the concern in many countries on how to combat corruption and many international conferences on this topic. However, in spite of the sharing of ‘best practices’ in fighting corruption at these conferences, there is still a great deal of divergence in combating corruption in Asian countries because of the different contextual constraints and the effectiveness of their governments' anti-corruption strategies. This article describes and evaluates the three patterns of corruption control in six Asian countries and concludes that the third pattern of anti-corruption laws with an independent anti-corruption agency adopted by Singapore and Hong Kong is the most effective.     

Private Property in the Context of Community

The dominant philosophy of private land ownership—that private property exists for the benefit of its owner and that use and ownership should be determined by market forces—is not the only philosophy in the American tradition. Classical republicanism's proprietarian perspective was equally in favor of private property, but held that private property exists for the benefit of society. This article begins by presenting the proprietarian view of private property rights, drawing on the legal scholarship where this perspective has been revived. Next, I use the case of contemporary land reform in Scotland to exemplify the rationale for this perspective. Lastly, I attempt to import the lessons of Scottish land reformers without importing their model, instead considering ways in which private land ownership might be embedded in non‐market institutions in the United States.     

Climate Change and Reorganizing Land Use: Flood Control Areas as a Network Effect

Although climate change appears to be a relatively new public issue, it has not emerged onto a tabula rasa; it affects ‘traditional’ policy sectors. How, then, does this ‘new issue’ interact with established organizational processes, and how is climate change ‘operationalized’ in local practice? Since major events linked to climate change include such things as desertification, climatic migrations, floods and landslides, one might assume that one of its main implications would be a substantial change in land use, or at least a transformation in land organization and management. This article explores the implementation of a ‘flood control area’ as an adaptation practice in the face of climate change. What theoretical and empirical tools should analysis adopt to account for the multiple actors, types of knowledge, artefacts, socio‐technical systems and governance configurations engaged in developing such practices? In other words, to what extent does climate change become a reorganizing category? This article adopts a theoretical approach inspired by actor‐network theory and considers adaptation practice not as a standardized top‐down solution, but as the result of specific local connections among actors, materials and discourses. The analysis suggests that climate change is indeed a reorganizing category, but one that depends on the specific local materializations of the adaptation measure.     

Templates for financial control? Management and employees under the private equity business model

The term ‘private equity business model’ (PEBM) refers to private equity investors that delist publicly quoted firms, managing them as private equity‐controlled portfolio firms. But how and in what form do these investors diffuse a preferred template for the PEBM in portfolio firms? Is diffusion codified, institutionalised or merely tacit? What is the difference between these forms of diffusion? As a method of financial control, how is diffusion evident for managers and workers? Theoretically, while ‘financialisation’ is a contemporary pressure on the British economy, there is a ‘disconnection’ between competitive pressures for financialisation and the diffusion of practices to manage these pressures in portfolio firms. Forty‐two interviews in eight portfolio firms and five associated private equity firms concludes that potentially transformative and decisive restructuring for managers and workers is more evident than a defined template.     

Law,Property and Ambiguity: The Uses and Abuses of Legal Ambiguity in Remaking Istanbul's Informal Settlements

What is the role of legal ambiguity in the creation and institutionalization of private property regimes? In what ways does the (ab)use of legal ambiguities affect market‐making processes? I address these questions through a detailed analysis of two large‐scale urban renewal projects in Istanbul that impose a formal private property regime on informal settlements. My research reveals that without the strategic utilization of legal ambiguities and administrative arbitrariness by public and private actors, private property cannot be easily created and hence capitalist markets cannot function efficiently. My findings challenge the assumptions of several social science traditions such as neoclassical and neoinstitutionalist economics, as well as most works within the law and economics tradition regarding the relationship between law, property and economic development. These approaches to economic development are underpinned by the legal certainty that private property entails as the most important element for an efficient economic order. However, in their unconditional support for private ownership, they fail to realize the degree of legal ambiguity and administrative arbitrariness needed to create the private property regime in the first place. As such their arguments remain theoretically and empirically incomplete. A more complete analysis of the relationship between law and economic dynamics must focus on how private property is constructed, and the extent to which legal ambiguities and loopholes are utilized in this process.     

Privatizing the commons: reforming the ejido and urban development in Mexico

Few studies worldwide have analysed how to manage equitably the process whereby ‘customary’ or ‘common’ land can be incorporated into future urban development, particularly in so far as this might be achieved through privatization and deregulation. This paper focuses upon Mexico and the 1991–2 reforms of Article 27 which dramatically changed the tenure codes and political relations covering the widespread customary land sector — called ejidos. It is argued that, in effect, the reforms constitute deregulation of former tenure relations rather than outright privatization, and that rather than being radical in content, the reforms are subtle redefinitions of past practices in which the balance of administrative power over ejidal land has shifted significantly, away from the Agrarian Reform Ministry towards the Social Development Ministry and local (city) government. Deregulation appears to offer three principal scenarios for public and private sector ejido land development: Urban Development Companies, Joint Ventures and Extension to the ‘Urban Zone’, yet to date there is little evidence that any one has proven sufficiently attractive to be pursued intensively, and the paper suggests that illegal alienation of ejido land is likely to continue and may get worse. However, the latest Urban Development Program 1995–2000 identifies ejido land deregulation and urban development as one of its principal strategies, tied to President Zedillo’s New Federalism project, which seeks to strengthen municipal and state government capacity and effectiveness. This profound shift in the structure of political managerial authority and responsibility offers the increased likelihood that land regularization practices and urban planning of the now deregulated ejidos will become more significant in the future.     

Rule of Law and Rules‐Lawyering: Legal Corruption and ‘Reprivatization Business’ in Warsaw

Delving into the nexus between the state and informality, this paper discusses the informality of the legal and judicial systems. Produced by structurally powerful actors, this kind of informality is not so much legitimized by the law, but concealed within the very process of legitimization. To capture how legal engineering welds formalized laws with informal translations, I look at judicial outcomes that, while formally legal, are socially delegitimized and perceived as legal corruption. After analysing the contested judicial outcomes of Warsaw's ‘reprivatization’ process (property restitution), I define the mechanism of legal corruption as rules‐lawyering, by which I mean an attempt to gain legal advantage by obsessively sticking to the written laws, while deliberately desecrating its spirit. I describe three of its mechanisms: appropriation, redefinition and fraud laundering. Finally, in my preliminary vivisection of the recent and ongoing process of delegalizing the legal corruption that has been part of the reprivatization process, all the allied concepts of this forum come together to demonstrate the essential inseparability of informality and state.     

Corruption in transition economies: Socialist,Ottoman or structural?

Using data from 64 countries in Eastern Europe and MENA, I study the long-run effects of Ottoman and socialist rule on the incidence of corruption. To proxy Ottoman legacies, I estimate the length of Ottoman rule across all Ottoman successor states. Conditioning on income per capita, I find a robust adverse effect of both socialist and Ottoman legacies on present day corruption – a finding which reconciles two rival accounts of post-socialist corruption from the transition literature. The results are robust to controlling for potential confounders and instrumenting for both per capita income and the length of Ottoman rule. However, the explanatory power of long-run historical determinants of corruption is lower than the contribution of short-run factors. While present day income explains about half of the total variation in corruption across post-socialist countries, Ottoman and socialist legacies jointly account for about one third. Although history does matter, these findings suggest that most of the corruption observed in Eastern Europe, Central Asia and the Balkans today may not be inherently ‘eastern’ or socialist. Rather, the data are consistent with an interpretation of corruption predominantly as a manifestation of persistent economic under-development.     

Legal Technologies of Primitive Accumulation: Judicial Robbery and Dispossession‐by‐Restitution in Warsaw

Among the ‘extra‐economic means’ that facilitate primitive accumulation, or accumulation by dispossession, the law plays a prominent role. But works on neoliberal urban restructuring rarely engage with concrete legal technologies. Analysing judicial property restitution (‘reprivatization’) in Warsaw, this article grasps the machine of accumulation by dispossession at a moment of faltering and exposes the distinctive legal technologies behind its troubleshooting. It makes three contributions to critical urban studies. First, it demonstrates how judicial systems can steal political conflicts that obstruct the cycle of accumulation by dispossession. It thus introduces the notion of ‘judicial robbery’, a non‐legislated expropriation of common property through judicial engineering that simultaneously deprives the public of political agency. Second, it shows that seemingly neutral legal technicalities, usually sheltered from political debate, can become a key locus of urban politics. Third, it examines the agency, scope and spatial patterns of ‘dispossession by restitution’, the term I use for a locally specific form of accumulation by dispossession in Warsaw. Lastly, I raise the question of political struggle against primitive accumulation. Is the judicial robbery reversible? If we can reclaim property, can we also reclaim political conflicts that have been stolen by the law?     

‘Generation Rent’ and The Fallacy of Choice

The now widely used term ‘Generation Rent’ reflects the growing phenomenon in the UK of young people living in the private rental sector for longer periods of their lives. Given the importance of leaving home in youth transitions to adulthood, this is a significant change. It is further critical given the rapid expansion of the private rented sector in the UK over recent decades and the more limited rights that private tenants have. This article draws on qualitative evidence to highlight the impact this has on young people's lives, and broader patterns of social‐spatial inequality. Our research highlights that, whilst young people retain long‐term preferences for homeownership, they nonetheless deconstruct this normalized ideal as a ‘fallacy of choice', given its unachievability in reality. Influenced by the work of Foucault, Bourdieu and Bauman, we emphasize how these dominant norms of housing consumption are in tension with objective reality, since young people's ability to become ‘responsible homeowners' is tempered by their material resources and the local housing opportunities available to them. Nonetheless, this does not exempt them from the ‘moral distinctions' being made, wherein renting is problematized and constructed as ‘flawed consumption'. These conceptual arguments advance international scholarly debates about the governance of consumption, offering a novel theoretical lens through which to examine the difficulties facing ‘Generation Rent’.     

A survey study on weights of decision criteria for job rotation in Thailand: comparison between public and private sectors

Five hundred Thai organizations (from both public and private sectors) were surveyed to learn how decision criteria were weighed when conducting job rotation. The organizations were categorized into three groups, namely, government agency (GA), private service company (PSC), and private manufacturing company (PMC). Three purposes of job rotation were considered: (1) restructuring of the organization, (2) periodic reshuffling of employee-job assignments, and (3) efficiency/productivity improvement. The findings from responded questionnaires (with a response rate of 41.40 per cent) show that the criterion weights are significantly dependent on both the organization type and the purpose of job rotation. It is found that organizations from both sectors considered ‘knowledge, skills, and abilities’ as a predominant decision criterion, irrespective of the purpose of job rotation. For the organizations that periodically reshuffled their current employee-job assignments, ‘job seniority’ was also considered as an important criterion. Regarding the other two job rotation purposes, organizations from the public sector consistently gave more attention to ‘job seniority,’ ‘years of service,’ and ‘age’ than did those from the private sector.     

CITIES AND THEIR GURUS: The Role of Superstar Consultants in Post-political Urban Governance

While consultants have crept into various aspects of municipal governance, a selected few have transcended the others reaching the status of urban gurus. Although consultants are often perceived as depoliticizing urban affairs, research shows that the urban guru often instigates politicization. Research on urban gurus does thus highlight distinctions between gurus and ‘lay’ consultants, but it has paid insufficient attention to describing how, through their interaction with cities, politicization occurs. Moreover, the literature often portrays this interaction as an authority relationship in which the guru is superior, while in fact cities play an important role in bestowing ‘guru’ status. Using fieldwork, I examine the long-term interaction between Richard Florida and the City of Toronto, explaining how Florida's elevation to guru status by being brought to Toronto ended with him self-describing as ‘persona non-grata’. To explain the anomaly of this interaction and the way in which gurus instigate politicization, I differentiate between consultants’ ‘substance’ and ‘process’ roles in policy formulation processes. I show that, regarding substance, the guru offers a policy paradigm rather than policy instruments and, regarding process, their strength is in performing ideas rather than pulling strings behind the scenes—in both respects making the policy process more public and contested.