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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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PRINTED FROM COLUMBIA SCHOLARSHIP ONLINE (www.columbia.universitypressscholarship.com). (c) Copyright University of Minnesota Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CUPSO for personal use.date: 18 September 2021

Land’s Essentiality and Land Governance

Land’s Essentiality and Land Governance

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

Derek Hall

Columbia University Press

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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