Land Tenures as Policy Instruments: Transitions on Cape York Peninsula

Over the last four decades, Australia's most remote marginal lands have provided an expansive space towards realisation of emergent national goals, involving recognition of Aboriginal land rights together with protection of ‘wilderness’ and semi‐natural ecosystems. This has been achieved by the revival of land tenures as instruments for the delivery of public policy, requiring innovative federal and state legislation, often driven by judicial determinations. More so than any other bioregion, Cape York Peninsula has experienced radical shifts in landownership, land titles, and property rights, reflecting its pivotal role as an arena in which emerging national goals are contested. The most immediately visible evidence of these changes is depicted in the tenure maps for 1970, 1990, and 2010. However, these maps provide an incomplete account of tenure changes, including new titles such as non‐transferable communal freehold and common‐law recognition of traditional native title, requiring belated responses by state and federal governments. The three benchmark maps provide a starting point for an examination of the currently resurrected role of land titles and land rights as policy instruments. The time‐specific attributes of each tenure category are discussed and linked to the policies underpinning each tenure and to the communities, political constituencies, resources, enterprises, and national values engaged with each tenure. Land titles and land rights are pivotal in political contests about regional futures, with the peninsula acting as a crucible in shaping wider national directions.     

Excavations at Bishop's Street Without: 17th Century Conflict Archaeology in Derry City

Abstract

Excavations on this site, undertaken by Paul Logue for EHS: Built Heritage DOE: NI, produced evidence for at least two phases of occupation outside Bishop's Gate, Londonderry during the 17th century. This occupation came to an end with a phase of activity dated to the commencement of the Jacobite siege in A.D. 1689. Further evidence of that siege was uncovered in the form of a ravelin ditch 2.8 m wide and 0.57 m in depth, constructed in early 1689 to front Bishop's Gate. The extant remains of a sally port interrupted the ditch. A nearby larger ditch, scarped from the sloping ground outside Double Bastion, measured a maximum of 8.4 m in width and 1.4 m in depth. This larger ditch may have been part of efforts to improve the City defences in the wake of the 1641 rebellion. Further evidence of conflict archaeology was recovered in the form of lead shot, weapon furniture and flint gunspalls.     

Legal Geographies of Intellectual Property, ‘Traditional’ Knowledge and Biodiversity: Experiencing Conventions,Laws, Customary Law,and Karma in Thailand

This article explores the existence of customary laws relating to ‘traditional’ knowledge of plants in Thailand through micro‐ethnographic case studies. This is juxtaposed against global and national frameworks of intellectual property laws that have a privatising effect on knowledge under the rubric of discovery or ‘invention’, as well as liability rights approaches of compensation and benefit‐sharing for research access. By understanding scale and legal jurisdiction as socially and politically constructed phenomena, we explore how laws at different scales and in different jurisdictions may override each other, discriminate against foreign laws and practices, and ignore customary laws. In doing so, the paper presents complex legal geographies of plants and associated knowledge, which suggest that the customary laws and norms of Indigenous groups and traditional healers are often ignored by ‘outsiders’. The paper notes that the possibility of ‘injury’ to traditional healers remains considerable without appropriate consent and given the discriminations surrounding knowledge made by patent laws. However, the ethnographies also point to the possibility of local remedies to these injuries through ritual processes, and we note resistant co‐constitutions of law and scale through the Nagoya Protocol.     

New challenges for old commons: The role of historical common land in contemporary rural spaces

In Scotland, as elsewhere in Western Europe, many examples of historical common land have endured to the present day, but are under major pressure from the economic restructuring, socio-cultural recomposition and changing policy context that characterise contemporary rural change. For the crofting common grazings of Scotland, two particular challenges have arisen in the form of: (1) the growing difficulty of gaining sufficient livelihood contributions from traditional agriculturally-based activities; and (2) the increasing heterogeneity of rights-holders. This paper elaborates the findings of a recent survey, which sought to identify the main implications of these challenges for common grazings use and governance. An overall decline in levels of use of common grazings was identified, as well as decreasing involvement and investment in associated local institutions. This informs a discussion of the factors shaping the role of historical common land in contemporary rural spaces, an area neglected in the common property literature.     

Common property mapping and the preservation of traditional rights in Chesapeake Bay's oyster fishery, 1892–1914

Conflicts over oysters intensified along the US mid-Atlantic coast as traditional management of these valuable resources broke down in the late nineteenth century. In response, states founded management agencies, and mapping oysters was one of their first activities. Virginia and Maryland's first cartographers favored privatizing common property, an alteration that would have displaced thousands of oystermen and benefited wealthier segments of the industry. Cartographers sought to use maps to expand privatization; however, Chesapeake Bay oystermen were numerous enough to wield political influence, and they rejected one of the first major surveys and shaped the production of the other two, using them to protect their common property while making these rights visible to the State. Many conservation practices in the eastern USA grew out of local people's traditions, and this study explores the role of the mapping process amid the broader context of a shift in the scale of management to state agencies.     

The Genesis of Economic Cooperation in the Stories of Joseph: A Constitutional and Institutional Economic Reconstruction

Abstract

The paper analyzes in constitutional and institutional economic terms Joseph’s economic policies, such as changes to property rights arrangements for farming, the introduction of a barter tax on crop production, and the multi-layered bureaucratic hierarchies of Egypt. Utilizing Buchanan’s approach to constitutional economics, I argue that these policies lowered attack/defense costs as they arise, when a group attempts to escape from the natural distribution state (the “war of all”, as Hobbes called it). A key thesis is that this encouraged interacting parties, already on the grounds of selfinterested choice, to engage in societal contracting out of the “war of all,” thereby reaping mutual gains.

Complementary to this strand of analysis, I have drawn on other institutional economic concepts, particularly those that were introduced by Williamson, and by North and Weingast. The paper argues in this respect that Joseph’s policies credibly and more reliably guaranteed property rights, which in turn lowered transaction costs of the interacting parties, i.e. Egypt and Israel. This ultimately yielded mutual gains and high economic performance for the society depicted in Genesis. In this way, cooperation was generated in economic terms.     

Euripidea. Collected essays

In the last thirty years historians of republicanism have offered us the image of Harrington as the true hero of Machiavellism. This paper suggests instead that Harrington adopted Machiavelli's method in political science, but shared only few of his master's values, often referring to those cherished in anti-Machiavellian circles, as in the case of the agrarian laws. Indebted to the anti-Machiavellian Petrus Cunaeus's analysis of the Jewish Jubilee laws, Harrington transformed Cunaeus's specific observations into a general law of his own political science. This paper emphasizes the originality and modernity of such science, based on the inextricable interconnectedness between politics and economics. Further, it argues that this science entails a new, post-Machiavellian theory of liberty and property.     

Cultural Property Protection in the Context of Military Operations: The Case of Uruk,Iraq

Abstract

This paper deals with the use of military or militarized experts for cultural property protection (CPP) during times of conflict. CPP activities generally take place within a juridical framework that gives obligations for all parties involved, primarily the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, and attention is paid to various implications and challenges that occur when implementing military CPP obligations within this framework. To illustrate matters, the paper details a speci?c case study from the author’s own ?eld experience in the safeguarding of the archaeological site of Uruk in Iraq. Aspects, including economic, legal, ?nancial, and educational implications, are presented and these are especially relevant since they apply (to an extent) to other situations, such as the recent cultural disasters in Egypt, Libya, and Syria. The Uruk case study is used to suggest a number of key elements that are vital for the implementation of an effective CPP strategy in the context of military operations. Overall, the importance of international cooperation, training, and education, along with the assistance of civil reach-back capabilities, is emphasized. The paper argues that an effective way to protect Cultural Property during armed conflicts is through military channels and with military logistics and tools. To ful?l CPP in agreement with International Humanitarian Law (IHL) joint preparations in peacetime are necessary. The handover of military initiated CPP projects to civil authorities has to take place as soon as the situation permits. The paper concludes with a set of recommendations.     

What Objects Know: Circulation,Omniscience and the Comedy of Dispossession in Victorian It-Narratives

Modern self-possessing subjects must learn how to alienate parts of themselves economically – their labour, ideas, recorded voices, photographed faces – without alienating themselves psychologically. Victorian it-narratives provide object lessons for such subjects: they tell the stories of their owners, suggesting that inalienability need only be imagined – in the shape of talking umbrellas, feathers, and needles – to be effective. Object narrators also enact a form of omniscience unavailable to human narrators. Rather than traversing the consciousness of characters, they more ‘realistically’ simply over-hear the innermost thoughts of their owners. They circulate among a much wider range of subjects than do the narrators of mainstream fiction. Royals, gypsies, aristocrats, thieves, actors, and shopkeepers are witnessed intimately and accurately by their possessions. Their circulation is comic: they knit the social world together in collecting the stories of their disparate owners. They suggest that the subjects who are most like objects in Victorian Britain and its empire (women, the colonized, slaves, children, the poor) have a specific power: a certain omniscience, and therefore the power to confer, contain and preserve inalienability. Silas Wegg, of Our Mutual Friend, has suffered radical dispossession – his leg belongs to someone else. He is the modern subject par excellence, resolutely optimistic about the inalienability of his leg, which he refers to as ‘I’. Wegg, like the object narrators this essay discusses, suggests to us the necessary porousness of the subject–object boundary given the self-possession of liberal individuals. That boundary has become more porous since the Victorian period: we now alienate our DNA, organs and infants. It is the disavowal of this permeability that marks the great divide between then and now.     

Some manuscript maps recently acquired by the departement des Cartes et plans of the bibliotheque nationale,Paris

Abstract

This paper examines the significance of a rediscovered medieval map (Public Record Office, MPCC 7) of part of the Fenlands of eastern England, previously dated to the mid‐sixteenth century but now recognized as mid‐fifteenth century. The map portrays realistically two important monastic churches, Sempringham Priory and Spalding Priory, which did not survive the Reformation and for which no other contemporary representations are known to exist. Documentary evidence suggests that the map was made at Spalding Priory to record rights to pasture animals in Pinchbeck Fen, and that it passed to the Duchy of Lancaster at the dissolution of the monasteries.