Property rights of urban underground space in China: A public good perspective

With the booming development of urban underground space in China, “fuzzy” property rights of this special form of land use type are not only the cause of ownership disputation and registration chaos, but also may seriously delay the undertaking of related underground land laws or regulations. China's emerging property rights issue of urban underground space, especially the delimitation of the surface and ground or underground, is facing such a challenge. This article aims to identify the property rights of urban underground space by using a practical method that classifies the underground space as economic goods, and to analyze attributes of different property rights of urban underground space within the theoretical framework of public goods. We use civil defense projects and underground parking lots as case studies. Both case studies are the most utilized types and controversial ownership cases of urban underground space in present China. Our case studies indicate that it is a feasible method to avoid the delimitation of the start-stop height of 3D property right vertically, and directly define the attributes of surface and underground property rights in line with the supply mode of goods. Our results show that the method proposed in this study can effectively solve the dispute of property rights against problems rising with unclear contract and lags in the legislation of urban underground space and clearly delimited the interests boundaries among different parties of property rights for urban underground space. Ultimately, this study may offer better insight into the utilization and registration work of urban underground space in China as well as reference for countries with similar property rights issues.     

Livelihood rights perspective on water reform: Reflections on rural Zimbabwe

The right to water has been adopted as a human right in General Comment 15 by the Committee on Economic, Social and Cultural Rights. It provides a new framework for law and policy supplanting the Dublin Principles that have too often been understood in the African context to mean water with the ‘right’ price. Does a human rights approach to water, especially in rural contexts, speak to the multiple ways in which men and women share and manage water? How are water tenure and land tenure linked in Zimbabwe's rural areas? We examine if and how local norms and practices include water within a broader right to livelihood. Substantial field research in Zimbabwe including ours demonstrates the existence of a right to water and livelihood, which can be responsive to gender and poverty. We suggest the incorporation of local norms and practices within water management laws and policies at regional, national and local levels.     

Intermediate levels of property rights and the emerging housing market in Ho Chi Minh City,Vietnam

Vietnam introduced a Policy of Renovation (‘Doi Moi’ Policy) to restructure the economy in 1986. Under this policy, the Land Use Right Certificate was introduced as a form of tenure for agricultural land and urban land, according to the Land Laws of 1987 and 1993, respectively. However, by 2001, most properties and/or land in Vietnam still did not have a legal title. Although Vietnam's land reforms in the 1990s provided some of the weakest private rights among the transition countries, big cities like Ho Chi Minh City are presently homes to thriving housing markets. Transactions of ‘property without a physical entity and legal title’ in the real estate market show how property ownership can be formed in order to operate within different institutional contexts. This paper highlights that ‘intermediate levels of property rights’ are the driving forces behind the thriving housing market in Ho Chi Minh City.     

Impact of formalisation of property rights in informal settlements: Evidence from Dar es Salaam city

This paper aims to study the responsiveness of the informal property market and management systems towards the introduction of land registration for informal settlements in Tanzania. City governments are increasingly recognising the need to strengthen legal rights for the urban poor as a means to bring them more effectively into the urban economy and ensure better provision of water, sanitation and other primary services. The research focuses on Tanzania and in particular two case studies within Dar es Salaam. The findings of the work suggest that the introduction of residential licenses whilst potentially assisting in creating legal certainty has not resulted in the financial sector accepting them as full security against loans. Accessing credit by the poor however has not yet been fully realised resulting in some further hurdles for the financial sector to overcome. Finally, and of some significance is the registration of property in the informal settlements has provided the opportunity of formal property transactions within these settlements.     

Property rights and ecosystem properties

For almost two decades, institutional analysts have been struggling to distinguish clearly between institutional factors like property rights and the properties of the resources that are governed by such institutional arrangements. Institutions are regarded as man-made social constructions that regulate the relations between humans themselves with regard to the use of certain resources, while the biophysical attributes of a particular resource are considered given and unaffected by the institutional arrangements. This paper takes this distinction as a point of departure and takes a closer look at the complexities introduced into institutional analysis with the advance of new paradigms for governing resources—such as governing by environmental objectives and indicators, biodiversity governance, adaptive ecosystem management, etc.—and points to some of the institutional changes that this involves. In doing so, it re-examines some of the dichotomous conventions regarding the ‘nature of goods’ in light of increased attention given to ecosystem properties.     

The dilemma of property rights and indigenous institutional arrangements for common resources governance in China

Traditionally, property rights have been seen as an efficient means of optimizing the allocation of common resources. The arrangement of property rights, however, has historically led to a number of social, economic and ecological issues. Herders living in China are currently exploring collective grazing partnerships as they seek to maintain balance between ecological protection and livelihood development in the process of grassland governance. For the purposes of this study, we conducted an in-depth analysis of the property rights dilemma, offering possible solutions for indigenous institutional arrangements as exemplified in six typical cases. We assert that (1) stakeholders should respect local culture by ensuring the participation of herders in policymaking, (2) the use of fences for the demarcation of property rights is ineffective and often serves as a catalyst for the destruction and degradation of grassland ecosystems, and (3) herders’ use of collective action techniques should be reinvented with the support of state policy.     

Un-forgetting walls by lines on maps: A case study on property rights,cadastral mapping,and the landscape of the Kowloon Walled City

This paper demonstrates that the framing of post-war Kowloon Walled City through photos has been dominated by the maps commonly used to represent this Chinese enclave in colonial Hong Kong as a place. Inspired by and extending Wylie’s (2009) argument that emptiness and presence are equally important, this paper uses basic GIS techniques and hitherto unpublished archival materials to help (a) argues that the colonial government’s mindset of clearly defining the spatial boundary of the city, which is a subtle admission of an officially and diplomatically denied otherness in ownership, created the city as a quasi-cadastral unit; and (b) explains how this shaped the framing of the landscape of the city by promoting investment and trade in high-rise housing development units. The government did not destroy its walls. When these were physically destroyed, it did not ignore the walls’ original alignments but treated the city as a planning unit, as if they still existed.     

财产权利权能理论新拓展:理论框架及其对中国当前集体农地权利体系的合理解释

研究目的:提出权能支的新概念,建立一个新的财产权利权能结构理论框架,对当前中国集体农地权利体系进行解释。研究方法:逻辑推理法,法学分析方法。研究结果:所有权权能结构包括占有、使用、收益和处分四项基本权能,而这四项基本权能由若干更小的基本单元——权能支构成;权能支是财产权利的基本单元,每一个权能支意味着权利人可以依法实施一类行为的可能性,四项基本权能是由若干权能支组成的权能束;基本权能或权能支的分离、重组和耦合形成新的财产权利类型。研究结论:权能支概念的引入,拓宽了既有权能理论的解释能力,可以较好地解释新出现的财产权利的权能结构,也能合理解释权能分离后的所有权和他物权的内涵;基于权能支的概念和新的财产权利权能结构,本文解释了当前中国集体农地权利体系,并就现阶段土地承包经营权权能完善和拓展提出了政策建议。     

Formalisation of land rights: Some empirical evidence from Mali, Niger and South Africa

In this paper, we re-interpret three cases of research previously carried out in Mali, Niger and South Africa in light of the recent debate about formalisation of land rights that has emerged since the publication of Hernando de Soto's ‘Mystery of Capital’. The Malian case shows that lack of broad access to formalisation processes in high-pressure areas may play into the hands of those with power, information, and resources. The case also demonstrates that timing of formalisation efforts in urban areas characterised by rapid expansion is crucial in terms of distributive outcomes. The Nigerien case demonstrates how impending formalisation led to a scramble for land and increased conflicts in a context of institutional competition and limited administrative capacity. The South African case shows that the very process of surveying and registering rights may also change the rights themselves. Formalisation procedures may also amplify the tension between individual and communal rights, and boost privatisation.     

Land grabbing: A review of extent and possible consequences in Romania

Land grabbing represents a fundamental problem in the transitional and post-transitional economies. The transfer of land property rights impose a dramatically change of agricultural production structure, including affecting the food safety and security. The main aim of this article is the analysis of the possible effects and transformation imposed by the transfer of land property in a post-transitional agricultural economy and to identify possible solution in valuing the lands as main production factors. Also in the study are taking into consideration the effects of Common Agricultural Policy financing mechanism in supporting land transfers.     

Progress in indicators to assess agricultural landscape valuation: how and what is measured at different levels of governance

Landscape is defined by the European Landscape Convention as “an area perceived by people, whose character is the result of the action and interaction of natural and/or human factors”. Many efforts have been devoted in addressing the core concepts on which this definition roots: perception and interaction of men and nature, but when coming to large (continental) scale assessments, the latter prevail on the former.This paper aims at presenting a framework for a measurable landscape awareness indicator as a key link to the public demand for a specific type of landscape: the agricultural landscape. This is a necessary effort to complement more physically based assessments, which include as well the impact of human activities on landscapes.The analysis is carried out at different levels of governance: EU and regional, using an example from the Alentejo region in Portugal and EU wide databases, and addresses conceptual and practical questions: what type of societal landscape awareness can be monitored and by whom (e.g., individuals, specific social groups, society as a whole); what are the landscape dimensions that should be assessed; what are the limitations imposed by data-related constraints. By applying the methodology to build composite indicators to map landscape societal awareness, the paper shows the regional and local meaning of indicator approaches developed at European level, presents developments for downscaling to regional level, while introducing the social component to support sound policy development for European rural landscapes.     

Reconciling moral and legal collective entitlement: Implications for community-based land reform

This paper discusses the drawing and contesting of social boundaries in the enactment of collective land rights, and the implications for land reform policies based around the notion of ‘community’ entitlement. Drawing on recent research in the crofting areas of Scotland, the paper explores the tensions arising when legal collective rights—or proposed changes to them—do not coincide with perceived moral claims to land. Examining the enactment of existing collective rights demonstrates how contested moral assumptions underpinning crofting identities, discourses and land use practices qualify and disqualify individuals as members of an imagined ‘crofting community’, and shape de facto access to and control over land-based resources. Some of the key policy implications of these findings are discussed with particular reference to Scottish land reform.