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Governing Access to Essential Resources$
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Katharina Pistor and Olivier De Schutter

Print publication date: 2015

Print ISBN-13: 9780231172783

Published to Columbia Scholarship Online: May 2016

DOI: 10.7312/columbia/9780231172783.001.0001

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Land’s Essentiality and Land Governance

Land’s Essentiality and Land Governance

Chapter:
(p.49) Chapter 2 Land’s Essentiality and Land Governance
Source:
Governing Access to Essential Resources
Author(s):

Derek Hall

Publisher:
Columbia University Press
DOI:10.7312/columbia/9780231172783.003.0002

Hall argues that land is not only a critical resource for the survival of each human being; rather, land also needs to be understood in its spatial and territorial dimensions. As such land is not only a source of individual but of collective survival. Further, the claim that all should have access to essential resources does not resolve the legal question whether access requires ownership or other forms of property rights; or whether a specific plot of land might be substituted for another. This implies that context matters not only for defining what resources shall be deemed essential, but also for determining the rights or causes of actions that follow. Further, for some groups land is essential for their social identity. Drawing attention to essentiality is thus not a panacea for solutions; it is only the beginning of an inquiry into a set of complex issues that require context specific analysis.

Keywords:   Land, Space, Territory, substitution

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