Table Of Content

Property, Place and Piracy This book takes the concept of piracy as a starting point to discuss the instab- ility of property as a social construction and how this is spatially situated. Piracy is understood as acts and practices that emerge in zones where the construction and definition of property is ambiguous. Media piracy is a frequently used example where file- sharers and copyright holders argue whether culture and information is a common resource to be freely shared or property to be pro- tected. This book highlights that this is not a dilemma unique to immaterial resources: concepts such as property, ownership and the rights of use are just as diffuse when it comes to spatial resources such as land, water, air or urban space. By structuring the book around this heterogeneous understanding of piracy as an analytical perspective, the editors and contributors advance a transdisciplinary and multi-t heoretical approach to place and property. In doing so, the book moves from theoretical discussions on commons and property to empirical cases concerning access to and appropriation of land, natural and cultural resources. The chapters cover areas such as maritime piracy, the philosophical and legal foundations of property rights, mining and land rights, biopiracy and traditional knowledge, indigenous rights, colonization of space, military expan- sionism and the enclosure of urban space. This book is essential reading for a variety of disciplines including indigenous studies, cultural studies, geography, political economy, law, environmental studies and all readers concerned with piracy and the ambiguity of property. James Arvanitakis is Professor and Dean of Graduate Studies at the University of Western Sydney, Australia. Martin Fredriksson is Assistant Professor at the Department for Culture Studies, Linköping University, Sweden. Routledge Complex Real Property Rights Series Series editor: Professor Spike Boydell University of Technology, Sydney, Australia Real Property Rights are central to the global economy and provide a legal framework for how society (be it developed or customary) relates to land and buildings. We need to better understand property rights to ensure sustainable societies, careful use of limited resources and sound ecological stewardship of our land and water. Contemporary property rights theory is dynamic and needs to engage thinkers who are prepared to think outside their disciplinary limitations. The Routledge Complex Real Property Rights Series strives to take a transdisciplinary approach to understanding property rights and specifically encourages heterodox thinking. Through rich international case studies our goal is to build models to connect theory to observed reality, allowing us to inform potential policy outcomes. This series is both an ideal forum and reference for students and scholars of property rights and land issues. Land, Indigenous Peoples and Conflict Edited by Alan Tidwell and Barry Zellen Beyond Communal and Individual Ownership Indigenous Land Reform in Australia Leon Terrill Strata Title Property Rights Private Governance of Multi-o wned Properties Cathy Sherry Property Rights and Climate Change Land- use Under Changing Environmental Conditions Fennie van Straalen, Thomas Hartmann and John Sheehan Property, Place and Piracy Edited by James Arvanitakis and Martin Fredriksson Property, Place and Piracy Edited by James Arvanitakis and Martin Fredriksson First published 2018 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2018 selection and editorial matter, James Arvanitakis and Martin Fredriksson; individual chapters, the contributors The right of James Arvanitakis and Martin Fredriksson to be identified as the authors of the editorial matter, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data Names: Arvanitakis, James. | Fredriksson, Martin. Title: Property, place, and piracy / edited by James Arvanitakis & Martin Fredriksson. Description: Abingdon, Oxon [UK] ; New York : Routledge, 2017. | Series: Routledge complex real property rights series | Includes bibliographical references and index. Identifiers: LCCN 2017027067| ISBN 9781138745131 (hardback : alk. paper) | ISBN 9781315180731 (ebook : alk. paper) Subjects: LCSH: Right of property–Philosophy. | Property–Philosophy. | Piracy (Copyright) | Piracy–Law and legislation. | Eminent domain. Classification: LCC K721.5 .P76 2017 | DDC 323.4/6–dc23 LC record available at https://lccn.loc.gov/2017027067 ISBN: 978-1-138-74513-1 (hbk) ISBN: 978-1-315-18073-1 (ebk) Typeset in Goudy by Wearset Ltd, Boldon, Tyne and Wear Contents Notes on contributors vii Foreword x 1 Introduction: property, place and piracy 1 MARTIN FREDRIkSSON AND JAMES ARvANITAkIS 2 On decolonising our thinking and cultural exchange 11 INGRID MATThEWS 3 Commons, piracy and property: crisis, conflict and resistance 23 JAMES ARvANITAkIS AND MARTIN FREDRIkSSON 4 Property, sovereignty, piracy and the commons: early modern enclosure and the foundation of the state 36 SEAN JOhNSON ANDREWS 5 Unreal property: anarchism, anthropology and alchemy 50 JONAThAN PAUL MARShALL AND FRANCESCA DA RIMINI 6 Piratical constructions of humanity: innocence, property, and the human–nature divide 65 SONJA SChILLINGS 7 Mobility in early modern Anglo- American accounts of piracy 81 ALEXANDRA GANSER 8 Compensation in the absence of punishment: rethinking Somali piracy as a form of maritime xeer 93 BRITTANY GILMER vi Contents 9 Commodification of country: an Australian case study in community resistance to mining 106 INGRID MATThEWS 10 Privateering on the cosmic frontier? Mining celestial bodies and the ‘NewSpace’ quest for private property in outer space 123 MATThEW JOhNSON 11 ‘The ancestry land’: China’s pursuit of dominance in the South China Sea 140 JINGDONG YUAN 12 Nuclear testing and the ‘terra nullius doctrine’: from life sciences to life writing 157 MITA BANERJEE 13 From biopiracy to bioprospecting: negotiating the limits of propertization 174 MARTIN FREDRIkSSON 14 The gated housing hierarchy 187 FRANkLIN OBENG- ODOOM 15 Pirate places in Bangkok: IPRs, vendors and urban order 202 DUNCAN Mc DUIE- RA AND DANIEL F. R OBINSON 16 The real Gruen Transfer: enclosing the right to the city 218 JAMES ARvANITAkIS AND SPIkE BOYDELL 17 Epilogue 231 JAMES ARvANITAkIS AND MARTIN FREDRIkSSON Index 235 Contributors Sean Johnson Andrews is Associate Professor of Cultural Studies at Columbia College, Chicago. he is author of Hegemony, Mass Media, and Cultural Stud- ies (Rowman & Littlefield International, 2016), co-editor of Cultural Studies and the ‘Juridical Turn’ (Routledge, 2016), and writes frequently on media, cultural studies, property, piracy and the law. James Arvanitakis is Professor of Cultural Studies and Dean of Graduate Stud- ies at Western Sydney University and was named Prime Minister’s Univer- sity Teacher of the Year (2012). he is the co-editor of Universities, the Citizen Scholar and the Future of Higher Education (Palgrave Macmillan, 2016) and tweets at @jarvanitakis. Mita Banerjee is Professor and Chair of American Studies at the University of Mainz, Germany. From 2010–2015, she was Research Fellow of the Guten- berg Research College (GFk). her research interests include postcolonial literature, ethnic American literature and culture, the American Renaissance and issues of naturalisation and citizenship. her book Medical Humanities in American Studies: Life Writing, Narrative Medicine and the Power of Autobio- graphy is forthcoming from Winter University Press. Spike Boydell, PhD FRICS FAPI FIvEM, is a property rights expert, a property theorist and a specialist in valuation, sustainability and pacific land tenure. he is Retired Professor of the Built Environment (University of Technology Sydney 2006–2016), Cofounder of Customary Land Solutions and General Editor of the Routledge Complex Real Property Rights Book Series. Francesca da Rimini (aka dollyoko) is a transdisciplinary artist and writer who has created and collaborated on narrative poetic and political works using various media and internet platforms since the 1980s. Dr da Rimini is currently a research associate at the University of Technology Sydney and at the University of Adelaide, Australia. Martin Fredriksson is Associate Professor at the Department of Culture Studies (Tema Q), Linköping University, Sweden. he has worked extensively with issues concerning the theory and history of piracy, commons, property rights viii Contributors and the history of copyright. he has been visiting fellow at MIT, Western Sydney University and Amsterdam University. Alexandra Ganser is Professor of American Studies at the University of vienna, Austria. her research interests include mobility studies, early American and antebellum popular culture. her book on Atlantic narratives of piracy (1678–1865) is forthcoming with Palgrave Macmillan (2018), following Pirates, Drifters, Fugitives: Figures of Mobility in American Culture and Beyond (co-edited with heike Paul and katharina Gerund, 2012). Brittany Gilmer is an assistant professor in the Department of Criminal Justice at Florida International University. her research focuses on maritime crime and security in East Africa. She is author of Political Geographies of Piracy: Constructing Threats and Containing Bodies in Somalia (Palgrave, 2014). Matthew Johnson is currently in his third year of a PhD candidature with the Faculty of Arts and Social Sciences at the University of Technology Sydney. his forthcoming dissertation engages with further questions around outer space as commons, space mining as a ‘techno-fix’ for unlimited economic growth, and the sociology of the ‘NewSpace’ movement. he has studied sociology at an undergraduate and at post-graduate level, and currently works part-time in policy and social research. Duncan McDuie-Ra is Professor of Development Studies at University of New South Wales, Australia. his most recent monographs include Northeast Migrants in Delhi: Race, Refuge and Retail (Amsterdam University Press, 2012), Debating Race in Contemporary India (Palgrave Macmillan, 2015) and Borderland City in New India: Frontier to Gateway (Amsterdam University Press, 2016). Jonathan Paul Marshall is a future fellow at the University of Technology Sydney. he writes about online life, disorder, climate change and psychol- ogy. he is the author of Living on Cybermind (Peter Lang, 2007); co-author of Disorder and the Disinformation Society (Routledge, 2015); editor of Depth Psy- chology Disorder and Climate Change (JungDownunder Books, 2009) and co- editor of Environmental Change and the World’s Futures (Routledge, 2015). Ingrid Matthews teaches ethics, human rights and law, and researches social and cultural studies, citizenship and text analysis methods at Western Sydney University. She is co-author of Law in Perspective (NewSouth Publishing, 2015) and has published on a range of subjects including citizenship (2013, 2014), and Australia–Israel relations (2015). Franklin Obeng-Odoom teaches property and political economy at the Univer- sity of Technology Sydney. Previously, he was a teaching fellow at the Uni- versity of Sydney where he was based at the Department of Political Economy. Obeng-Odoom’s books include The Myth of Private Property (Uni- versity of Toronto Press). Contributors ix Daniel F. Robinson is Associate Professor in Environment at University of New South Wales, Australia. his research focuses on the regulation of nature and knowledge, ‘biopiracy’, access and benefit sharing relating to biological resources, Indigenous/customary laws and biocultural protocols, ethical biotrade and political ecology. he is a research fellow with ICTSD and has worked with UNDP and GEF, GIZ and AusAid. Sonja Schillings is a researcher in American studies at the Justus-Liebig-Uni- versität Giessen, Germany. her first book, Enemies of All Humankind: Fictions of Legitimate Violence (2017) was published with the University Press of New England. She has published on human dignity and American literature, race and space, piracy, and interdisciplinary research methods. Jingdong Yuan (PhD, Queen’s University, Canada) is an associate professor at the Centre for International Security Studies, University of Sydney. his research focuses on Chinese defence and foreign policy, nuclear arms control and Indo-Pacific security. he is currently working on a book on Chinese foreign policy towards South Asia.