The Evolution of Relational Property Rights: A Case of Chinese Rural Land Reform

The most notable, or at least the most noted, form of property evolution has been the transfer of exclusive rights from collectives to individuals and vice versa, such as the farm collectivization in Soviet Union and the establishment of the People’s Communes in Mao’s China and their reversals. Such radical moments, however, constitute only a small part of history. For the most part, property rights evolve quietly and incrementally, which is hard to explain if we take exclusive rights as the core of property, or, to put it more generally, if we are focusing solely on the question of who owns the things. To describe the evolution of property rights in China, we employ the concept of relational property. It is a concept that is heavily influenced by Joseph William Singer’s “social relations model” and Ian Macneil’s “relational contract” and, in particular, their emphasis on the determinative role of social relations in the construction of property and contract rights. The bundle of sticks metaphor is at the heart of relational property because it recognizes that property rights can be, and often are, disaggregated as they adapt to changing social, economic, and technological demands. As we show in the context of the reform of Chinese rural land, the combination of the metaphor of separable interests — the sticks in the bundle — and the dependence of property interests on social relationships can explain the evolution of property rights more accurately than a perspective that stresses a single central meaning of property.postprin

Successful Social Programs over Local Political Cycles

We identify the effect of the relative timing of program introduction to local elections on service delivery. Exploring randomized provision of a credit program in China and variations in local political cycles, we find villages introducing the program before elections experience higher take-up rates, better targeting of the poor, and improved welfare, all of which are achieved without compromising the program’s financial sustainability. Examining implementation phase-by-phase shows better-designed program practices and greater efforts made by local politicians are plausible contributors to enhanced program impacts. These findings are consistent with incentives to implement well rather than buying votes under election pressure

Property Rights in Land, Agricultural Capitalism, and the Relative Decline of Pre-Industrial China

Scholars have long debated how legal institutions influenced the economic development of societies and civilizations. This Article sheds new light on this debate by reexamining, from a legal perspective, a crucial segment of the Eighteenth and Nineteenth Century economic divergence between England and China: By 1700, English agriculture had become predominantly capitalist, reliant on “managerial” farms worked chiefly by hired labor. On the other hand, Chinese agriculture counterproductively remained household-based throughout the Qing and Republican eras. The explanation for this key agricultural divergence, which created multiple advantages for English proto-industry, lies in differences between Chinese and English property rights regimes, but in an area largely overlooked by previous scholarship. Contrary to common assumptions, Qing and Republican laws and customs did recognize private property and, moreover, allowed reasonably free alienation of it. Significant inefficiencies existed, however, in the specific mechanisms of land transaction: The great majority of Chinese land transactions were “conditional sales” that, under most local customs, guaranteed the “seller” an interminable right of redemption at zero interest. In comparison, early modern English laws and customs prohibited the redemption of “conditional” conveyances—mainly mortgages—beyond a short time frame. Consequently, Chinese farmers found it very difficult to securely acquire land, whereas English farmers found it reasonably easy. Over the long run, this impeded the spread of capitalist agriculture in China, but promoted it in England. Differences between Chinese and English norms of property transaction were, therefore, important to Qing and Republican China’s relative economic decline. By locating the causes of key global economic trends in customary property rights, the Article also has ramifications for influential theories of social norm formation and law and development

Changing Patterns of Ownership Rights in the People\u27s Republic of China: A Legal and Economic Analysis in the Context of Economic Reforms and Social Conditions

This Article analyzes the legal and economic effects of privatization and the changing patterns of ownership rights in the People\u27s Republic of China. After an overview of Chinese concepts of property rights, the authors discuss the history of China\u27s post-liberation nationalization process and the movement back toward privatization and decentralization. Privatization has led Chinese law toward the recognition of private rights and duties in property law matters. The authors examine China\u27s basis for altering ownership rights and moving in the direction of a market-oriented economy. The Constitution of the People\u27s Republic of China and Chinese statutes contain specific language delineating domestic ownership rights and protection of foreign investment in China. Despite China\u27s expanding constitutional and statutory protection of private property ownership rights, the authors state that the Chinese legal system still lacks international and domestic credibility. The authors evaluate the socioeconomic impact of the rapid emergence of private ownership in China. For the average Chinese citizen, the authors believe the expansion of property rights and freedom of choice has brought forth insecurity, uncertainty, unfamiliar financial burdens, inflation, a relative abundance of consumer goods, and broad questions concerning the future of Chinese socialism, socialist ideals, and the usefulness of supporting collective action in Chinese society. The authors compare similar privatization practices in Chile and the Soviet Union to contrast these states\u27 economic growth rates and experiences with those in China. The authors also assess the results of China\u27s experiment with ownership rights, using comparative lessons from Chile and the Soviet Union as the basis for predicting the outcome of China\u27s effort at transformation. The authors conclude that China will be compelled, perhaps through the threat of social unrest caused by growing income inequality and loss of social welfare benefits, to move more slowly towards privatization and freer markets

How participatory is participatory development? : a review of the Philippine experience

About two-thirds of the Philippine population reside in the rural areas, earning an average family income of only half of their urban counterparts. It is, therefore, not surprising that much interest has been expressed in the progress of rural development strategies,the impact they have had on rural communities, the means by which they can be made more effective, and the various alternatives that exist. This timely book by Gelia Castillo deals with a number of contemporary and, to some extent, controversial issues regarding Philippine rural development. More specifically, it looks into two important aspects of rural development, namely: rural institutions and people's participation. The former is about institutional changes in the rural areas : changes in the way things are being done, as well as changes in social organization and in the relationships among the actors in that setting.Whether these changes are deliberately designed and created, e.g., Samahang Nayon, Masagana99, compact farms, etc., or result spontaneously from social, economic and political changesthat take place over time, e.g., the relationships between farmer and hired farm labor, and between landlord and tenant, they nonetheless form part and parcel of the Philippine rural setting. Thus, to fully understand rural development in the country, one must appreciate these institutional changes. The other aspect of rural development which Castillo examines is that of people's participation. Who should participate? Who are "the people"? Are they interested in participating? What constitutes participation? Does participation make a difference? What experience have we had in the practice of people's participation? These are some of the questions that the author grapples with in her work. The coverage alone, as well as the complexity of the issues involved, suggests how courageous the author had been in venturing into this study. Her work demanded that she personally sieve through volumes upon volumes of research reports,,evaluative studies, surveys, graduate theses, etc., organize their findings into an integrated, readable form, and derive insights from many otherwise apparently innocent observations. Through this book, the author has done for us a great service. Not only do we now have access to the results of scattered studies on important aspects of rural development in the country. We can also appreciate them from the vantage point the author has taken, as well as enjoy her fluid, thought-provoking and insightful style. Gelia Castillo has, indeed, made another valuable contribution to our better understanding of Philippine rural society

'Sustainability' of what, for whom? Unfolding China's sustainability transitions and green modernisation

Today, we face two widespread crises: the COVID-19 pandemic and climate change. Tackling these twin threats requires extensive cooperation and system change. The crisis is also a catalyst for reforms toward more 'sustainable' futures. However, most discussion of transiting to a more sustainable future is theoretical or niche-based. Moreover, the consensus has not been reached on many fundamental transition questions such as what is the future after transition, how we transit, and is the proposed transition desirable for everyone. Many studies also end up by underscoring the need for collective actions to tackle complex, dynamic and diverse socio-ecological challenges in sustainability transition. To fill the gaps outlined above, this research aims to focus on China, the pioneer of practising sustainability transition and uncover the structural changes during sustainability transitions. This research asked 'What sustainability is China building? And whom do China's sustainability transitions benefit?' To answer these questions, this thesis by compilation followed the grounded theory to examine China's sustainability from international-national scale, regional scale to local scale. At the international-national scale, this research assesses the integration and interplay of sustainability transitions in China's national development strategies and discusses how do sustainability transitions support China's global ambitions. On an international platform, China's eco-development and eco-civilisation logics help China take more and increasingly prominent roles in UN sustainability councils and other global environmental and developmental organisations. At the national level, China values natural resources based on its nation-state and party's interests. By over-emphasising a shared bright future or great mission, the task of solving individual problems and concerns of specific groups is overlooked. At a regional scale, this research examines China's adjustments and changes in policy in coordinating regional development and transitions. In China, radical policy reform triggered by external perturbations and shocks is competing with incremental policy change through policy-oriented learning. An "double-mountain" theory has been proposed by Xi Jinping since 2005 and has become the dominant strategy instructing China's sustainable development plans. Empirical research was undertaken at the local scale discovering the outcomes and effects of sustainability transitions on local people. China's logic of sustainability transitions has unified complicated relations and interactions among different groups in a society under a single set of all-encompassing terms and principles. By overlooking social differentiation, the Chinese Communist Party can avoid solving tricky problems. In China, sustainability transitions are integral to nation-state stability and party legitimacy rather than a sustainable development of a broad community as envisioned by many other sustainability agendas, such as the sustainable development goals. China's case reminds us that the broader the concepts of sustainability transitions are, the more space powerful stakeholders have to manipulate development to favour their demands. However, there do not have to be negative consequences from sustainable development transitions. Politicisation and pluralisation of sustainability transitions could diminish perverse outcomes and unlock positive social outcomes. The key to sustainable development is not co-developing humans and nature because this has happened for millions of years. To live more sustainably, we need to first figure out how humans can live longer, better and happier without depriving everyone's inalienable rights to own life, liberty and the pursuit of happiness. Sustainability transitions should be human-centred and the management of competing values among actors in transitions should be decided through a just and transparent approach

Sustainability, Digital Transformation and Fintech: The New Challenges of the Banking Industry

In the current competitive scenario, the banking industry must contend with multiple challenges tied to regulations, legacy systems, disruptive models/technologies, new competitors, and a restive customer base, while simultaneously pursuing new strategies for sustainable growth. Banking institutions that can address these emerging challenges and opportunities to effectively balance long-term goals with short-term performance pressures could be aptly rewarded. This book comprises a selection of papers addressing some of these relevant issues concerning the current challenges and opportunities for international banking institutions. Papers in this collection focus on the digital transformation of the banking industry and its effect on sustainability, the emergence of new competitors such as FinTech companies, the role of mobile banking in the industry, the connections between sustainability and financial performance, and other general sustainability and corporate social responsibility (CSR) topics related to the banking industry. The book is a Special Issue of the MDPI journal Sustainability, which has been sponsored by the Santander Financial Institute (SANFI), a Spanish research and training institution created as a collaboration between Santander Bank and the University of Cantabria. SANFI works to identify, develop, support, and promote knowledge, study, talent, and innovation in the financial sector

BDEEP vB8: Malaysia

The British Documents on the End of Empire Project (BDEEP) is an initiative of the Institute of Commonwealth Studies, School of Advanced Study, University of London. Established in 1987 under the auspices of the British Academy, the Project has since published 18 volumes containing an annotated selection of official documents from the UK National Archives, charting British withdrawal from its colonial territories. Electronic versions of these volumes have been made available with the support of The Stationary Office under an Open Government Licence. Series B Volume 8 on 'Malaysia' was published in 2004 and edited by AJ Stockwell