Forms Of Expropriation Research Articles

Land to the landless: Does the type of approach matter?

Uncertainty about land ownership is believed to increase vulnerability of marginalized groups in a society. When agriculture is not only responsible for employing more than half of the labor force population but also the main source of the livelihood of poor families, access to land becomes critical. This paper conducts a comprehensive analysis of the impact of land reform on agricultural output in the Southern African Development Community (SADC) countries. Employing a system of equations model and controlling for traditional variables, our study yields several noteworthy findings. First, our results reveal that land development exhibits a positive impact on agricultural output, emphasizing the importance of investment in agriculture. Conversely, the positive coefficient for civil unrest highlights the intricate relationship between land reform and social stability, suggesting that unrest may be a consequence of land reform aimed at addressing inequality. Second, the channel equations shed light on the indirect pathways through which factors like rural population growth rate, life expectancy, and capital stock influence agricultural output. These findings underscore the potential benefits of managing rural population growth, improving healthcare, and increasing investment in agriculture, albeit with varying degrees of impact. Third, our study dissects the different effects of land reform policies. Willing seller-willing buyer and various forms of expropriation are found to be significant in both land development and civil unrest equations, indicating their dual role in promoting land development while potentially contributing to social unrest. Striking a balance between land reform and stability emerges as a crucial policy challenge.

Review Essay: Am I Blue?: Black Music & White Male Self-Construction

Review Essay: <i>Am I Blue?: Black Music &amp; White Male Self-Construction</i>

Modernização por expropriação: a ditadura civil-militar no Vale do rio Pindaré-MA

This article focuses on the strategies of criminalization of farmers, squatters, residents in the Pindare river valley in Maranhao, as a form of expropriation, from torture. The sources used were a dossier of the Police Of Political and Social Order of Maranhao, documents of a collection left by priest Victor Asselin, first president of the Pastoral Commission of the Land of Maranhao and memories of Manoel da Conceicao Santos, one of the main leaders of the farmers of the region.

A Acumulação Primitiva do Capital e o Discreto Charme da Geografia Burguesa

O texto apresenta notas e apontamentos para uma análise histórica e dialética da produção do espaço geográfico como mercadoria específica do modo capitalista de produção. As formas de expropriação e de sucessivas separações entre as condições objetivas de produção e os produtores diretos constituem as bases categoriais da universalização da propriedade privada da terra e da geografia histórica da valorização capitalista no espaço. O território como dimensão concreta das práticas e das representações sociais orientadas pela lógica de valorização do capital e das formas ideológicas de dominação política é o pressuposto inicial da interpretação do processo de transformação do território em capital fictício.

Transnational Constitutional Law

This chapter provides an overview of the emerging field of transnational constitutional law (TCL). Whilst questions of constitutional law are typically discussed in the context of a specific domestic legal setting, a salient strategy of TCL is to understand constitutional law and its values by placing them ‘in context’ with existing and evolving cultural norms and political, social and economic discourses and struggles. Drawing on socio-legal investigations into the relationships between law and non-law and the significance of legal pluralism, TCL considers what role constitutional law and its values might play in shaping and bringing about social and legal transformation within an emerging global economic order in which non-territorially confined spaces of struggle involve transnational actors and social formation dynamics. TCL thus emerges out of constitutional law in a transnational legal context. Based on Zumbansen’s concept of Transnational Law (TL) as a methodological framework to study the Actors, Norms and Processes of legal formations in a global context, rather than positing TL as a distinct legal field, we examine transnational constitutional law phenomena in their social, political and economic contexts. This allows us to revisit and reassess well-known constitutional law concepts such as the rule of law, equality and access to justice in a new light, in particular where we confront – in this paper – legacies of these concepts in both the Global North and South. This engagement renders visible lived experiences of constitutional law and constitutionalism in local and transnational contexts, drawing attention to the growing number of those who have, through processes of globalisation, fallen out of, or were never made party to, the Western ‘social contract’. We present TCL as emerging on two levels. On a macro level, studies of comparative constitutional law and post-colonial approaches to law shine light on processes of globalisation and financialization as they manifest themselves in conflictual dynamics within trade law, and international human rights law, with regard to civil, socio-economic and cultural rights. TCL also emerges on a micro level through careful ethnographic and anthropological studies that examine different forms of what Saskia Sassen persuasively coined “Expulsions”, meaning struggles and resistance against different forms of expropriation, eviction or alienation, within volatile economic and political landscapes. Finally, our transnational critique of the ‘rule of law’ reflects our hope for a ‘thick’ and historically reflective RoL concept. In contrast to an idealised rendering of a pret-a-porter, universal rule of law, we argue for the continued need to explore transnational constitutional methodologies which are sufficiently differentiated to capture the manifold manifestations of constitutional conflicts, locally and spatially. The case study presented here applies this TCL approach to the struggle for indigenous identity, land rights and consultation.

Shareholder and Creditor Protection Indices - Australia 1970-2010

The shareholder and creditor protection indices for Australia are part of a larger international study examining the relationship between a country’s legal origins and the extent and character of business regulation, including labour law, and shareholder and creditor protection. The indices measure changes between 1970 and 2010 in the protection of shareholders and creditors in Australia. The index of shareholder rights consists of 60 items in total. It has been divided into two sub-indices – the first measures shareholder protection against various forms of expropriation by boards of directors and management and the second measures the protection that shareholders have against other shareholders. The creditor protection index consists of 44 items and is divided into three sub-indices. The first sub-index relating to creditor protection measures the extent to which rules restrict or deter debtor companies from entering into transactions that might harm creditors’ interests while the company is a going concern. The second index measures creditor contract rules. The third index measures the extent to which creditor rights are protected in insolvency, and considers both liquidation and rehabilitation.

Property and Expropriation: Themes and Variations in American Law

In recent years, property owners have increasingly clashed with regulators over what seem to be ever-expanding environmental laws. The ensuing conflicts have raised the stakes for understanding the ways in which American constitutional law protects owners from uncompensated of their property. This article argues that although the United States is certainly a very property-conscious nation, our property law has also co-existed with several quite different forms of uncompensated expropriations that have gone almost unnoticed in our property law. These contrasting types of expropriations can put in perspective the environmental regulations currently contested in cases. On the one extreme are a set of generally unnoticed expropriations that arise from claims-clearing doctrines and rules such as adverse possession, liability rules, and losses from the operation of the recording system. Despite the expropriative effects of these rules, a property regime could not exist without such housekeeping devices to clear title for continuing normal transactions; such rules suggest that certain forms of expropriation are actually a part of any functioning property regime. At the other extreme are the very dramatic expropriations that accompanied such major social upheavals as the American Revolution, the emancipation of slaves, and the settlement of the West at the expense of indigenous peoples. The article argues that these expropriations did not unsettle the bulk of property relations precisely because of their extraordinary character, particularly because they were perceived at most as losses suffered by outsiders to the ordinary community of property holders. The article argues that claims arise in an intermediate area between the housekeeping rules and the extraordinary measures. Changes in environmental laws, like the operation of housekeeping rules, are a part of any functioning property regime, in that they necessarily readjust the content of entitlements in face of increasing congestion and competition for environmental resources. But because of the uneven distribution of environmental regulatory change, these regulations also raise the prospect that some owners may be treated as outsiders. The article argues that takings doctrine is, thus, best understood not as an automatic defense of property rights, but rather as a legal compromise tactic to allow needed environmental transitions to occur, while reassuring owners that they are not being treated as outsiders to the community.

Making market democracies? The contingent loyalties of post-privatization elites in Azerbaijan, Georgia and Serbia

ABSTRACT Neoliberal market reformers stress the ‘market building instincts’ of private owners to justify rapid forms of property transformation under illiberal political conditions. Private owners demand the institutions of the self-restraining state to protect property from various forms of expropriation and to enforce contracts. Legacy theorists counter that under illiberal political conditions, economic insiders are more likely to capture the benefits of privatization programs and then seek exemption from the rule of law rather than application of it. We employ a ‘path contingency’ approach to show that under illiberal, competitive authoritarian conditions, privatization recipients and other private economic agents are unlikely to demand the basic institutions of market democracy. Yet, this is by no means a stable set of affairs. Political inequality and its attendant rent-seeking behavior will likely delay or distort growth and can contribute to economic and political instability. Political crisis may follow as regimes face societal frustration and energized, united political oppositions. Such crises are moments of uncertainty and flux. Crises provide private economic agents in particular with an opportunity to reconsider their ties to an illiberal regime. This paper examines these propositions during illiberal regime crises in Serbia, Georgia and Azerbaijan.

Da atualidade da servidão voluntária

Os processos de sujeição voluntária parecem consubstanciais à expansão do capitalismo. A transformação ocorrida no caráter da propriedade, tornando-a móvel e flexível, sob a forma dinheiro, tem sua contrapartida em nova mobilidade dos trabalhadores, expropriados do controle do conjunto do processo produtivo e tornados disponíveis como mera capacidade produtiva. A liberdade contemporânea não é mero engodo, pois expressa longa luta pela redução dos laços de controle de tipo senhorial, levada a efeito pelos camponeses e pelos trabalhadores urbanos. Mas também não pode ser considerada como expressão de uma real libertação humana, uma vez que repousa sobre formas de expropriação que, de maneira aparentemente 'natural', impõem aos trabalhadores sua própria sujeição. Na atualidade, o aprofundamento da separação realizada entre a propriedade econômica e as possibilidades de intervenção política agrava as condições dessa "servidão voluntária" e vem sendo, de forma quase sarcástica, apresentado como "trabalho voluntário".

Misled by ‘Property’

It is not untypical for arguments about the justice of taxation to be framed in the rhetoric of property, for example by equating taxation with the taking of property by the state, a form of expropriation. An important recent example is found in Murphy and Nagel’s book, The Myth of Ownership: Taxes and Justice. In this paper the author argues that the equation of taxation with expropriation is conceptually awry, and that, properly understood, justifications for property rights bear only tangentially on the justice of taxation. The author elaborates this view by discussing Murphy and Nagel’s general strategy when they attempt to justify taxation in the face of libertarian ‘pro-property’ arguments, in the particular case of the ‘saver’s argument’, i.e., the argument that taxation on the income from investments amounts to an unfair burden on savers.

An Australian Court on Confidentiality: Getting the Bank to Tell

One of the great attractions of dealing in offshore financial centres is the matter of confidentiality. Many people, especially if they are high-wealth individuals, do not want others peering into their financial affairs and structures. They require privacy. This is particularly so if the would-be inquirer is the individual's Commissioner of Taxation. Fast communications and jet travel have made the world smaller, resulting in business being transacted worldwide by people who are constantly on the move in the conduct of their business. To achieve the best bottom-line results for their business and for themselves personally, it is commonplace for international structures to be put in place to minimize the tax burden. This is the province of international tax experts. They look to find where their clients will have a safe haven, where the taxpayers will enjoy low taxation and privacy about their finances. All this is perfectly reasonable and the inevitable result of high-tax countries. However, there is a dark side. Around the world crime is flourishing. This may involve theft in the simple form of robbing a bank or other financial institution (like the Great Train Robbery in England) or in the form of expropriation by a tyrannical leader of a country, who, through his position as head of state, milks that country's economy and spirits away the funds into secret bank accounts. There are many types of theft between these two extremes. But in all cases the perpetrator has to be able to launder his ill-gotten gains so that what has happened is hidden from the outside world and from those trying to follow the money trail. Banking confidentiality is a blessing to these thieves; it throws a cloak over what they have done. This is still true today, even when so many institutions are practising due diligence.

8 Repressions Against People and Property in Estonia

:Although our data did not allow us to count the losses due to Soviet oppression in absolute figures, we could examine who was targeted for repressive measures and what happened with their next generation. Our data missed not only those people killed by the Soviets but also a substantial part of the Estonian elite who were refugees of war. However, the data about Estonians and Russians did provide information about repressions against the respondents and their spouses, as well as their families.We found that massive repressions in the form of expropriation, deportation, and restrictions on education were targeted against categories of people: the educated part of the population, the upper class and wealthier peasants, and the population of major cities. At the same time, imprisonments and executions were carried out in a more individualized manner.Our most unexpected finding was that-in the families that were repressed—the next generation fared about the same as other Estonians in terms of access to education, professional mobility, and even membership in the Communist Party. Although they lost the educational, social, and other capital accumulated by their parents, in a broad sense, this next generation fared equally well or even better in entering the ranks of the Soviet elite.

Land and liberation: the South African national liberation movements and the agrarian question, 1920s–1960s

This paper asks how the national movements viewed rural issues between the 1920s and 1960s, what attention they devoted to rural mobilisation, and how their perceptions and efforts altered over time. It suggests that, given a society which saw wars of conquest and territorial dispossession in the 19th century, given the Land Acts of 1913 and 1936, and given the different forms of expropriation and exploitation historically visited upon peasants, labour tenants, farm labourers and migrant workers, the agrarian question has not been accorded the theoretical or practical attention one might have anticipated.