Customary Property and the Rule of Law

Informal Housing and Natural Resource Conflicts in Peru
1. Auflage 2025
ISBN: 978-1-032-88209-3
Verlag: Taylor & Francis Ltd

Buch, Englisch, 240 Seiten, Format (B × H): 156 mm x 234 mm

Informal housing and natural resource conflicts are common in Latin America. However, academics have rarely linked these social phenomena. This book proposes customary property (an extralegal entitlement founded in the social norms of a given community) as a common lens to analyze, understand and potentially solve the struggles that are found in informal housing and mining natural resource conflicts. This book shows how land titling policies inspired in De Soto’s work have failed in taming the expansion of informal housing. Moreover, this book contests the mainstream explanation for social unrest in developing new mining projects, which attributes it to the separation of surface and mining rights. Finally, the book proposes that the tension between customary property and lack of law enforcement by the State can progressively corrode the rule of law. This book proposes a nuanced version of land titling for informal housing, and a social license legal proceeding for the development of new mining projects. Bottomline, the book aims to replace violence between customary holders and the State for peaceful legal proceedings and negotiation tables. This book is directed to any property scholar and student interested in developing countries, social norms over assets, and natural resource conflicts.

Zielgruppe

Postgraduate

Autoren/Hrsg.

Arribas Irazola, Guillermo Jose

Fachgebiete

• Rechtswissenschaften Bürgerliches Recht Sachenrecht
• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Soziologie des Brauchtums und der Traditionen

Inhaltsverzeichnis

Introduction

Chapter 1: Property, social norms, and the rule of law

Chapter 2: Informal housing and how land titling policies have failed

Chapter 3: Customary Property and Mining Natural Resource Conflicts

Chapter 4: Mining Natural Resource Conflicts and a potential path to soothe social unrest

Conclusion

Appendix 1: Stages in a Mining Project

Appendix 2: Stakeholders in the Mining Cases

Appendix 3: Technical Information on the Mining Cases

Appendix 4: Economic obligations under a mining concession and communities participation right

Über Autor(innen)

Guillermo Jose Arribas Irazola is a professor of law at Pontificia Universidad Católica del Perú, where he has taught Property law for over 10 years. He obtained his law degree from Pontificia Universidad Católica del Perú Law School, and holds a Masters of Laws (LL.M.) and a Doctor of the Science of Law (J.S.D.) from Yale Law School. In 2015 he published his first book (Property: A Path Towards Macondo) and has published various articles in property related topics in legal journals in different countries (Peru, Spain, and United States of America). His research focuses on property, human behavior, and the intertwined between extra-legal entitlements and the legal system. The author has also worked as legal advisor in different project finances in Latin America. Professor Arribas is a member of SELA, the Yale Law School faculty-centered seminar which promotes independent, interdisciplinary and theoretical legal research in Latin America.