Peace-building in a number of contemporary contexts involves fragile states, influential customary systems and histories of land conflict arising from mass population displacement. This book is a timely response to the increased international focus on peace-building problems arising from population displacement and post-conflict state fragility. It considers the relationship between property and resilient customary systems in conflict-affected East Timor. The chapters include micro-studies of customary land and population displacement during the periods of Portuguese colonization and Indonesian military occupation. There is also analysis of the development of laws relating to customary land in independent East Timor (Timor Leste). The book fills a gap in socio-legal literature on property, custom and peace-building and is of interest to property scholars, anthropologists, and academics and practitioners in the emerging field of peace and conflict studies.

Across Melanesia, the ways in which people connect to land are being transformed by processes of modernization—globalization, the building of states and nations, practices and imaginaries of development, the legacies of colonialism, and the complexities of postcolonial encounters. Melanesian peoples are becoming landowners, Stead argues, both in the sense that these processes of change compel forms of property relations, and in the sense that “landowner” and “custom landowner” become identities to be wielded against the encroachment of both state and capital. In places where customary forms of land tenure have long been dominant, deeply intertwined with senses of self and relationships with others, land now becomes a crucible upon which social relations, power, and culture are reconfigured and reimagined. Employing a multi-sited ethnographic approach, Becoming Landowners explores these transformations to land and life as they unfold across two Melanesian countries. The chapters move between coasts and inland mountain ranges, between urban centers and rural villages, telling the stories of people and places who are always situated and particular but who also share powerful commonalities of experience. These include a subsistence-based community shaped by the legacies of colonialism and occupation in remote Timor-Leste, villagers in Papua New Guinea resisting a mining operation and the government agents supporting it, an urban East Timorese settlement resisting eviction by the nation-state its residents hoped would represent them in the post-independence era, and people and groups in both countries who are struggling for, with, and sometimes against the formal codification of their claims to land and place. In each of these instances, customary and modern forms of connection to land are propelled into complex and dynamic configurations, theorized here in an innovative way as entanglements of custom and modernity. Moving between multiple sites, scales, and forms of collectivity, Becoming Landowners reveals entanglements as spaces of deep ambivalence. Here, structures of power are destabilized in ways that can lend themselves to the diminishing of local autonomy in the face of the state and capital. At the same time, the destabilization of power also creates new possibilities for the reassertion of that autonomy, and of the customary forms of connection to land in which it is grounded.

Hybridity on the Ground in Peacebuilding and Development engages with the possibilities and pitfalls of the increasingly popular notion of hybridity. The hybridity concept has been embraced by scholars and practitioners in response to the social and institutional complexities of peacebuilding and development practice. In particular, the concept appears well-suited to making sense of the mutually constitutive outcomes of processes of interaction between diverse norms, institutions, actors and discourses in the context of contemporary peacebuilding and development engagements. At the same time, it has been criticised from a variety of perspectives for overlooking critical questions of history, power and scale. The authors in this interdisciplinary collection draw on their in‑depth knowledge of peacebuilding and development contexts in different parts of Asia, the Pacific and Africa to examine the messy and dynamic realities of hybridity ‘on the ground’. By critically exploring the power dynamics, and the diverse actors, ideas, practices and sites that shape hybrid peacebuilding and development across time and space, this book offers fresh insights to hybridity debates that will be of interest to both scholars and practitioners. ‘Hybridity has become an influential idea in peacebuilding and this volume will undoubtedly become the most influential collection on the idea. Nuance and sophistication characterises this engagement with hybridity.’ — Professor John Braithwaite

The Routledge Handbook of Asian Law is a cutting-edge and comprehensive resource which surveys the interdisciplinary field of Asian Law. Written by an international team of experts, the chapters within cover issues as diverse as family law and Islamic courts, decentralisation and the revival of traditional forms of law, discourses on the rule of law, human rights, corporate governance and environmental protection The volume is divided into five parts covering: Asia in Law, and the Humanities and Social Sciences; The Political Economy of Law in Asia - Law in the Context of Asian Development; Asian traditions and their transformations; Law, the environment, and access to land and natural resources; People in Asia and their rights. Offering an overview of the full spectrum of Law in Asia, the Handbook is an invaluable resource for academics, researchers, lawyers, graduate and undergraduate students studying this ever-evolving field.

1999 was a decisive year in the long history of the people of Timor-Leste, whose future was open when they voted for independence in a UN-sponsored referendum. Its results left no doubt that the Timorese considered themselves to be a nation wishing to have their own state, which they would rule. This book examines a vast array of transformations that have taken place over the past decades. It puts forward the idea of "cohabitations", which aims at inscribing the mutual influences arising from the existence of distinct social processes not only side by side but in their mutual influences and entanglements, sometimes resulting from effective clashes, some others from peaceful manipulation of social and cultural differences. From this analytical viewpoint of evolving power dynamics of cohabitations, experts in the field investigate issues that have been contentious in the recent past and analyse the challenges that present-day Timor-Leste is facing. Structured in three parts, the contributions address issues of governance, land, as well as the transformation in the traditional culture including conceptions about identity and exchange, and transformations in the ritual and religious experiences of becoming a nation rooted in self-determination. For the first time bringing together original contributions by the most notable experts on Timor-Leste in a cohesive and comprehensive way, the book will be of interest to academics in the field of Southeast Asian Studies, Anthropology, Sociology, Law Studies, History and Political Science.

In Land Use Law and Disability, Robin Paul Malloy argues that our communities need better planning to be safely and easily navigated by people with mobility impairment and to facilitate intergenerational aging in place. To achieve this, communities will need to think of mobility impairment and inclusive design as land use and planning issues, in addition to understanding them as matters of civil and constitutional rights. Although much has been written about the rights of people with disabilities, little has been said about the interplay between disability and land use regulation. This book undertakes to explain mobility impairment, as one type of disability, in terms of planning and zoning. The goal is to advance our understanding of disability in terms of planning and zoning to facilitate cooperative engagement between disability rights advocates and land use professionals. This in turn should lead to improved community planning for accessibility and aging in place.

The key question for many anthropologists and historians today is not whether to cross the boundary between their disciplines, but whether the idea of a disciplinary boundary should be sustained. Reinterpreting the dynamic interplay between archive and field, these essays propose a method for mutually productive crossings between historical and ethnographic research. It engages critically with the colonial pasts of indigenous societies and examines how fieldwork and archival studies together lead to fruitful insights into the making of different colonial historicities. Timor-Leste’s unusually long and in some ways unique colonial history is explored as a compelling case for these crossings.

While considerable research and on-ground project work focuses on the interface between Indigenous/local people and nature conservation in the Asia-Pacific region, the interface between these people and cultural heritage conservation has not received the same attention. This collection brings together papers on the current mechanisms in place in the region to conserve cultural heritage values. It will provide an overview of the extent to which local communities have been engaged in assessing the significance of this heritage and conserving it. It will address the extent to which management regimes have variously allowed, facilitated or obstructed continuing cultural engagement with heritage places and landscapes, and discuss the problems agencies experience with protection and management of cultural heritage places.

In the village of Funar, located in the central highlands of Timor-Leste, the disturbing events of the twenty-four-year-long Indonesian occupation are rarely articulated in narratives of suffering. Instead, the highlanders emphasize the significance of their return to the sacred land of the ancestors, a place where "gold" is abundant and life is thought to originate. On one hand, this collective amnesia is due to villagers' exclusion from contemporary nation-building processes, which bestow recognition only on those who actively participated in the resistance struggle against Indonesia. On the other hand, the cultural revival and the privileging of the ancestral landscape and traditions over narratives of suffering derive from a particular understanding of how human subjects are constituted. Before life and after death, humans and the land are composed of the same substance; only during life are they separated. To recover from the forced dislocation the highlanders experienced under the Indonesian occupation, they thus seek to reestablish a mythical, primordial unity with the land by reinvigorating ancestral practices. Never leaving out of sight the intense political and emotional dilemmas imposed by the past on people’s daily lives, The Land of Gold seeks to go beyond prevailing theories of postconflict reconstruction that prioritize human relationships. Instead, it explores the significance of people’s affective and ritual engagement with the environment and with their ancestors as survivors come to terms with the disruptive events of the past.

The problem of escalating population displacement demands global attention and country co-ordination. This book investigates the particular issue of development-induced displacement, whereby land is seized or restricted by the state for the purposes of development projects. Those displaced by these schemes often risk losses to their homes, livelihoods, food security, and socio-cultural support; for which they are rarely fully compensated. Bringing together 22 specialist researchers and practitioners from across the globe, this book provides a much-needed independent analysis of country frameworks for development-induced displacement spanning Asia, Africa, Central and South America. As global competition for land increases, public and private sector lenders are lightening their social safeguards, shifting the oversight for protecting the displaced to national law and regulations. This raises a central question: Do countries have effective ways of addressing the risks and lost opportunities for their people who are displaced? While many countries remain impervious to the problem, the book also shines a light on the few who are pioneering new legislation and strategies, intended to address questions such as: should the social costs to those displaced help determine whether a project meets the public interest and merits financing? Does the modern state need powers of eminent domain? How can country laws, systems, institutions and negotiations be reformed to protect citizens better against disempowering public and private sector development displacement? This book will interest those working on forced and voluntary migration, property and expropriation law, human rights, environmental and social impact assessment, internal and refugee displacement from conflicts, environment change, disasters and development.