A harbour in the country,a city in the sea: Infrastructural conduits,territorial inversions and the slippages of sovereignty in Sino-Sri Lankan development narratives

This paper adopts infrastructure as a lens through which new understandings of the inter-relationships between territory and sovereignty can be advanced. It argues that inverting the terrestrial assumption of territory can lead to “slippages” of sovereignty in which territorial sovereignty is indirectly claimed through the assertion of governance rights. For the purposes of this paper, I explore these inversions through the reclaiming of land from the ocean, and the removal of land by the ocean. Drawing on ethnographic research exploring the effects of China-backed infrastructure mega-projects in Sri Lanka, these territorial inversions are explored, respectively, through the Port City Colombo project – in which territory is claimed from the ocean through the creation of an island infrastructure – and the Hambantota International Port project – in which territory is removed by the ocean through the creation of a man-made port. Both projects reveal the ways in which infrastructure investments are implicated in the region-building ambitions of the Belt and Road Initiative, and thus provide conduits through which Chinese sovereignty can be asserted. As conduits, they foreground the realisation, but also the reimagination, of what “islandness” can mean in/to post-war Sri Lanka.     

Extracting sovereignty: Capital, territory, and gold mining in Tanzania

In contemporary discussions of “resource nationalism,” sovereignty is often imagined as the exclusive control of national states over internal resources in opposition to external foreign capital. In this paper, we seek to draw attention to the specifically national territorial forms of sovereignty that - rather than hindering the flow of capital - become constitutive to the accumulation of resource wealth by states and capital alike. Drawing from political geographical theorizations of sovereignty, we argue that resource sovereignty cannot be territorially circumscribed within national space and institutionally circumscribed within the state apparatus. Rather, sovereignty must be understood in relational terms to take into account the global geography of non-state actors that shape access to and control over natural resources. Specifically, we engage national-scale state sovereignty over subterranean mineral resources in the form of legal property regimes and examine the mutually constitutive set of interdependencies between mining capital and landlord states in the accumulation of resource wealth. Using Tanzania as a case study, we argue that national-scale ownership of subterranean mineral resources has been critical to attracting global flows of mining capital from colonial to contemporary times. We first examine the history of the colonial state in Tanganyika to illustrate how land and mineral rights were adjudicated through the power of the colonial state with the hopes of attracting foreign capital investment in the mining sector. We then examine contemporary efforts on the part of the independent United Republic of Tanzania to again enact legislation meant to attract foreign mining companies - and the consequences for local populations living near sites of extraction.     

What's in a Name? Extracting Econometric Drivers to Assess The Impact of National Park Designation*

Public land designations are often primarily political decisions that may also have substantial local economic impacts. This paper econometrically estimates the visitation effect of the conversion of National Monuments to National Parks through the eight designation changes that have occurred between 1979 and 2000. The study finds robust and significant impacts of such conversions, yielding 11,642 additional visitors annually, even after controlling for likely site acreage expansion and other site visitation trends. Furthermore, these new visitors do not appear to occur at the expense of visitation at alternative sites. Using these findings, the paper explores the local economic impact of the Great Sand Dunes conversion on Colorado's San Luis Valley.     

David J. Starkey,Chris Reid and Neil Ashcroft: England's Sea Fisheries. The Commercial Sea Fisheries of England and Wales since 1300. Chatham Publishing,London 2000, 272 pages

Abstract

This article explores the management practice of protection notices, fredlysning, in the traditional practice of eider down harvesting in Northern Norway. Previously, private initiatives were legitimate for protecting land and resources from public utilization, while today only the state authorities have this privilege. By juxtaposing empirical material from current eider down harvesting activities with childhood memories of growing up in this area during the 1960s, and available legal documents, the author finds that some quite radical changes have tacitly taken place, indicating rather tense dilemmas concerning local perceptions of land use issues. Analytically, Olwig's distinction between customary and natural law is used as a tool for addressing the political dimensions of the landscape concept historically. In this perspective, fredlysning fluctuates in and out of codified law through the centuries, and under growing impact of natural law rationale. Land issues, both concerning property rights and public access and use of the common resources of the outlying fields, utmarksressurser, are here understood as very powerful means to bind the people to the land, as a way of transforming the legitimate scale of polity, of building bonds to the nation.     

Chiefdoms and the emergence of private property in land

A prevailing characteristic of complex, stratified societies is unequal access to critical resources, and in most cases land is the most fundamental of those resources. Gaining an understanding how relations to land are transformed is viewed as integral to revealing the origins of social inequality. Recent scholarship has proposed an evolution of property rights in land from open access to private property, the latter condition having been attributed to nation states. However, some scholars have concluded from their examinations of Early Medieval Irish texts that land within Irish chiefdoms was regarded as a commodity. The analysis carried out in this paper reveals that in Early Medieval Ireland some land could be considered to be private property, but the holding and transfer of land was restricted to chieftains and their dependents, the lands of commoners being held communally. The closest counterpart to this mode of land ownership is the form of feudalism proposed for the Classic and Post-Classic Maya.     

Land Tenure, Archaeology, and the Ancestral Pueblo Social Landscape

Archaeology relies upon evidence of past human modification of the natural landscape in order to infer past human social dynamics on the site, local, and regional levels. Given the inferential linkages between past landscape use and social relationships, archaeology can benefit from an approach that more explicitly delineates relationships between systems of land use and land tenure, the social means through which people define and assert land use rights. This research outlines a set of methods for modeling prehistoric land tenure systems and developing a middle range theory of land tenure relationships that may assist archaeologists in their investigations of prehistoric resource access systems. Land tenure systems are complex risk-buffering strategies that are conditioned by the labor invested in food production, the size of groups holding direct access to productive lands and resources, and the temporal duration of land access rights. The role of these variables is supported by cross-cultural data from a worldwide sample of food-producing societies. The land tenure model is applied to data from the prehistoric Southwest to help explain local and regional changes in food production, settlement size, and community organization in southwest Colorado between 900 and 1300 A.D.     

Intertextual relations: The geopolitics of land rights in Thailand

This paper explores the geopolitics surrounding the “modernization” of the formal property rights regime in land in Thailand (formerly Siam) from the mid 1850s to the late 1930s. The paper argues that this weak, peripheral state, in pursuit of international recognition of territorial and jurisdictional sovereignty, employed a strategy of “counter-spatialization” in order to mitigate or deny claims for control over natural resources and population groups by imperial powers. The intertextual dimensions of this “spatial” mode of resistance are elucidated through a close reading of the ways in which diplomatic negotiations of a series of unequal treaties, beginning with the Anglo-Siamese treaty of 1855, shaped—and were shaped by—the formulation and implementation of regulations governing formal property rights in land in Siam. The political economy of land rights at the large scale (local implementation of land titling) and the medium scale (enactment of national land laws) was nested within a process of geopolitical contestation over land rights at the small scale (international recognition of Siamese territorial sovereignty).     

Pastoralism and Land‐Tenure Change in Kenya: The Failure of Customary Institutions

Until recently, the Pokot in the highlands of the Baringo area in Kenya have practised semi‐nomadic pastoralism. Today they are rapidly sedentarizing and in many areas suitable for farming, they are adopting rain‐fed agriculture. As a result of these dynamics, claims to individual property on de facto communal rangelands have arisen, and to such an extent that they seriously threaten the peace of the community. This article explores the conflicts that emerge in the transition from common property to private tenure. Using locally prominent land disputes as exemplary cases, it focuses on the role of traditional gerontocratic authorities in the attempt to resolve a growing number of land disputes; on the emerging power of patrilineal clans and local elites in the enforcement of access to land; and on the incompetence of government agencies to intervene. The failure of customary institutions to ensure land tenure security leads to a situation in which women and marginalized actors in particular are threatened with displacement, and in which most local actors want the state to intervene and establish formal property rights.     

Land titling and poverty reduction in Southeast Asia: realising markets or realising rights?∗

AusAID has supported land titling projects in Southeast Asia with the World Bank for over two decades. These involve the first-time issuance of a land title in cases where the ownership rights of current occupiers are largely assured. Reflecting neoliberal thinking on private property rights and development, the rationale is that titling builds land markets and increases tenure security, investment and access to institutional credit. However, international research indicates that land titling can be neither sufficient or necessary to deliver such benefits and, under some circumstances, can harm poor landholders’ wellbeing. In this respect, attention is paid to political factors in addition to property rights per se which influence their tenure security. It is argued that the value which neoliberalism places on the exclusivity of ownership of land, to enable its efficient use and allocation, can be in conflict with the importance to poor people of secure access and use rights. If AusAID is to fully commit to poverty reduction goals, then there will need to be more attention paid to the social justice dimensions of land distribution in Southeast Asia and elsewhere.     

Gendered frontiers of land control: indigenous territory,women and contests over land in Ecuador

Agricultural and rural land has become the site of considerable policy, governmental and scholarly concern worldwide because of violence and dispossession, food insecurity and contests over private property regimes. Such issues are highly gendered in territories with majorities of indigenous populations where overlapping legal regimes (statutory, multicultural, customary) and histories of dispossession have created complex spatialities and access patterns. States' formalization of indigenous rights, neoliberal restructuring and land appropriation are the backdrop to Ecuadorian women's struggles to access, retain and pass on land. Despite a burgeoning literature on Latin American indigenous territories, women are often invisible. Using collaborative research among two indigenous nationalities, the article analyses the political–economic, legal and de facto regimes shaping women's claims to land and indigenous territory. Focusing on Kichwa women in the rural Andes and Tsáchila women in a tropical export-oriented agricultural frontier area, the article examines the criteria and exclusionary practices that operate at multiple scales to shape women's (in)security in tenure. Women's struggles over claims to land and territory are also discussed. The article argues that Latin America's fraught land politics requires a gendered account of indigenous land–territoriality to unpack the cultural bias of western feminist accounts of multiculturalism and to document the racialized gender bias across socio-institutional relations.     

台湾当局对奄美群岛移交的因应

奄美群岛是琉球群岛的一部分。1951年9月8日,《旧金山和约》签署,美国获得琉球群岛等岛屿的行政管辖权。为了扶植日本,对抗苏联,美国拟将奄美群岛的行政管辖权移交日本。台湾当局认为,包括奄美群岛在内的琉球群岛的主权属于琉球人民,不属于日本。台湾当局与美国政府展开沟通,指出美国此举将挑战《开罗宣言》《波茨坦宣言》,公开支持琉球人民追求自治。台湾一些民众向美国国会中的参议员打电报,劝告美国勿将奄美群岛交给日本管辖。1953年12月24日,美日两国在东京签署了关于奄美群岛的协定,根据《旧金山和约》第三条,美国将奄美群岛的行政管辖权移交日本。同时,美国政府发表声明,将继续管辖冲绳群岛、先岛群岛等岛屿。     

De facto,displaced, tacit: The sovereign articulations of the Tibetan Government-in-Exile

Based on ethnographic research on exiled Tibetan political institutions and practices in India, this paper investigates sovereignty in exile. The Tibetan Government-in-Exile (TGiE) remains internationally unrecognised and lacks de jure sovereignty over territory in both Tibet and in exile. However, this exiled administration claims legitimacy as the official representative of the Tibetan population, performs a number of state-like functions in relation to its diasporic ‘citizenry’ and attempts to make its voice heard within the international community. Rejecting arguments that such entities should be viewed merely as discrepant forms of political practice, this paper asserts that the state, sovereignty, and territory can be conceptually disentangled, opening up the theoretical possibility of entities other than territorial states claiming sovereignty. In teasing apart and problematising constituent elements of sovereignty, this paper focuses on three aspects of the TGiE's articulations of sovereignty: its claims to and production of legitimacy, authority and de facto sovereignty; its displaced sovereignty and strategies of territorial governance over non-contiguous spaces in exile; and the mediation of its ambiguous relationship with the host state India through practices of tacit sovereignty.     

PERSPECTIVES ON THE SAGEBRUSH REBELLION

The Sagebrush Rebellion began in the late 1970s with the objective of transferring various categories of federally owned lands to the states. The movement was centered in western “public lands” states, where nearly half the total land area is in federal ownership. Within a relatively short period of time this objective was changed to one of “privatizing” federal lands, of selling these land into private ownership. While the Sagebrush Rebellion has been highly political in its activities, the movement can be viewed in the perspective of historical land disposition policies in the U.S. These policies were changed near the turn of the century from alienating public lands into private ownership to their retention and management by the federal government. Confusion over the economics of building a free enterprise system based on private property rights, and the costs associated with building such as system, appear to have been major factors in changing land policies. Two important aras in which this occurred were the Homestead Act of 1862 and timber. The provisions of the Homestead Act imposed heavy costs on settlers, and these costs caused a reaction against the economic system that was being built.     

美国社会组织与联合国人权规范的起源

二战爆发后,美国社会组织在对战争与和平问题的研究中提出依靠国际组织保障人权的规范构想。美国政府则并未重视人权议题,人权在敦巴顿橡树园会议上只处于边缘地位。社会组织在此后掀起大规模的游说活动,要求提高人权议题的地位,这使得美国政府考虑融合社会组织的人权规范构想与主权规范原则。旧金山会议上,美国说服其他大国接受其人权立场,极力否决拉美国家的人权提案,体现出美国借人权话语行使霸权的实质意图。最终出台的《联合国宪章》多处涉及人权,奠定了此后联合国人权规范的基础。但是,社会组织与美国政府围绕人权的争论凸显了宪章人权条款的复杂特征,这使得美国在此后联合国人权规范的发展中面临更多的挑战。     

Environmental Action,Gender Equity and Women's Participation

For poor households, and especially for the women who own little private land, forests and village commons have always been critical sources of basic necessities in rural India. However, the availability of these resources has been declining rapidly, due both to degradation and to shifts in property rights away from community control and management to State and individual control and management. More recently, though, we are seeing small but notable reversals in these processes toward a re-establishment of greater community control over forests and village commons. Numerous forest management groups have emerged, initiated variously by the State, by village communities, or by non-governmental organizations. However, unlike the old systems of communal property management which recognized the usufruct rights of all villagers, the new ones represent a more formalized system of rights based on membership. In other words, under the new initiatives, membership is replacing citizenship as the defining criterion for establishing rights in the commons. This raises critical questions about participation and equity, especially gender equity. Are the benefits and costs of the emergent institutional arrangements being shared equally by women and men? Or are they creating a system of property rights in communal land which, like existing rights in privatized land, are strongly male centred? What is women's participation in these initiatives? What constrains or facilitates their participation and exercise of agency? This article provides pointers. It also demonstrates the relevance of the feminist environmentalist perspective, as opposed to the ecofeminist perspective, in understanding gendered responses to the environmental crisis. 1 Abbreviations used in this article: FPC=Forest Protection Committee (under JFM); JFM=Joint Forest Management; NGO=Non-Governmental Organization; VCs=Village Commons; VP=Van Panchayat (forest council).
     

Property,Authority and Citizenship: Land Claims,Politics and the Dynamics of Social Division in West Africa

In the contemporary African context of rising competition and anxiety over access to land, neoliberal policy interventions designed to clarify property rights, broaden political participation and increase official accountability have frequently provoked rather than alleviated social and political conflict. Comparing case histories of local struggles over land and authority in selected rural areas in Ghana, Côte d'Ivoire and Bénin, this paper argues that in situations where access to land has been linked historically to claims on authority and social belonging, pressures to privatize or clarify ownership have intensified debates over citizenship and governance as well as over land claims per se. Ensuing struggles over land and entitlement have intersected with national as well as local economic and political dynamics, reinforcing ‘traditional’ hierarchies, contributing to the proliferation of formal and informal governing agents and institutions, and frequently disrupting or subverting open governance and sustainable resource use, rather than helping to create conditions for sustainable development and democratization.     

Revisiting nineteenth-century U.S. interventionism in Central America: capitalism,intrigue, and the obliteration of Greytown

In October 2016 the Congressional Research Service published its latest version of “Instances of Use of United States Armed Forces Abroad.” One of the “instances” occurred in 1854, and the entry reads in its entirety: “Naval forces bombarded and burned San Juan del Norte (Greytown) to avenge an insult to the American Minister to Nicaragua.”¹1. Torreon, Instances of Use of United States Armed Forces Abroad, 1798–2016, 4.View all notes The following article posits that Greytown was not destroyed to avenge an insult to an American diplomat. Rather, two groups of prominent American businessmen used this and related events and their antecedents as pretexts to enlist the federal government in destroying Greytown. One group, representing a U.S.-owned isthmian steamboat company, sought to seize the port of Greytown as a private fiefdom; the other wanted it as the prospective capital of a new colony based on a huge, dubious land grant they owned.     

Land as fictitious commodity: the continuing evolution of women's land rights in Uganda

In sub-Saharan Africa, colonial influences have altered traditional practices as a way to manage that which Polanyi labeled as ‘fictitious commodities’ of land, labor, and money. Land has now become a highly marketable commodity and an intrinsic part of the global economy. Over the past century, Uganda's land rights have evolved from communal rights to that of male-dominated, individual ownership practices that have excluded women. Despite constitutional provisions, which confer title of both a deceased husband's property rights and equal rights to property within a marriage to a wife, postcolonial patriarchal tradition prevails. This article examines historical changes in land rights in Uganda and discusses the impact of shifts in land rights from communal ownership to individual tenure, altering power structures and attempting to create marketable land title. The Ugandan women's movement's opposition to policies and implementation of laws that exclude women has been unable to facilitate the required changes in unbiased access to land rights, despite apparent victories in revisions to the letter of the law. Situated within contemporary interpretations of tradition and pressures of market demand, this article shows that women's access to landownership and use are restricted by misinterpretation of traditional law and a lack of enforcement of contemporary legal rights. To illustrate the impact of a lack of access to land, this article examines an empirical case study of widowed subsistence farmers in southern Uganda. Women in Uganda continue to lose ground, quite literally, decreasing the possibility of gender equity in terms of land.     

Lincoln,Race, and the Spirit of ’76

Abstract

This essay examines how Lincoln dealt with race, slavery, and emancipation in antebellum America. It argues that despite a few controversial statements and policies regarding black Americans, Lincoln sought to preserve the American union and its system of self-government by reclaiming the ideals of the Declaration of Independence. Unlike U.S. Senator Stephen A. Douglas, who exploited white bigotry in his promotion of local “popular sovereignty” as a solution to the slavery controversy, Lincoln highlighted the natural rights of blacks as a way to prevent the spread of slavery and thereby save what he would later call “the last best hope of earth.”