Paper short abstract:

The denominators of value for land - sovereignty, property, and law are being overtaken by emphasis on economic modes. The paper explores how ownership and appropriation for indigenous peoples and local communities over communally-held land and resources are deflected to questions of individual title, ownership and formalization of tenure.

Paper long abstract:

In a post colonial world, revisions to the understanding of the role of the State pose particular issues as the old denominators of sovereignty, property, and law are re-worked in the realm of a growing emphasis on globalization and economic modes of regulation. Given this emphasis, the paper explores the extent to which issues of ownership and appropriation for indigenous peoples and local communities over communally-held land and resources progressively are being deflected to questions of individual title, ownership and the formalization of tenure systems. The particular focus is upon tensions between the values of communal forms of governance related to the underpinning customary law and social norms; and the growing momentum to introduce more individualised forms of 'ownership' as a precursor to 'development'. Ownership and property values in this context are mediated through norm-based systems for the governance of land and resources that are open to challenge at a number of levels; including state based campaigns to replace them. The paper illustrates these themes by reference to case studies in Australia and comparative common law countries.