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Download the file - United Nations Rule of Law

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al to urban areas, and this leads to fur<strong>the</strong>r insecurityand overcrowding.Legal access to property rights for various groupsis clearly an over-arching and universal issuethat should be at <strong>the</strong> centre <strong>of</strong> global efforts toempower <strong>the</strong> poor; but it has in fact received verylittle coherent analysis to date. To unpack <strong>the</strong>relationship between poverty and property rightswe must understand that it is <strong>the</strong>se rights thatprovide <strong>the</strong> basis for economic growth. The globaleconomy grew very slowly until <strong>the</strong> beginning <strong>of</strong><strong>the</strong> 19 th Century. Before <strong>the</strong>n, and for thousands<strong>of</strong> years, notes Jeffrey Sachs, ‘<strong>the</strong>re had beenvirtually no sustained economic growth in <strong>the</strong>world’. 14 However, with <strong>the</strong> advent <strong>of</strong> <strong>the</strong> industrialrevolution and economic expansion, assetsexpanded and property rights evolved. Slowly <strong>the</strong>idea <strong>of</strong> private property ownership came to underpineconomic development in <strong>the</strong> West. Whilesocial, economic and political stability was upsetby two World Wars and <strong>the</strong> Great Depression, <strong>the</strong>GI Bill <strong>of</strong> Rights in <strong>the</strong> <strong>United</strong> States, <strong>the</strong> MarshallPlan and <strong>the</strong> incipient economic and politicalunion in Europe, and rapid development inEast Asia supported <strong>the</strong> growth <strong>of</strong> a middle-classthat led to fur<strong>the</strong>r consolidation <strong>of</strong> legal propertysystems in <strong>the</strong>se regions. The transformation frompredominantly extralegal property systems to formalproperty rights entrenched in law has sincecome to support functioning market economiesand polities.The Building Blocks <strong>of</strong> <strong>the</strong> PropertySystemThis transition has reduced global poverty substantially,but as outlined above, billions <strong>of</strong> peoplearound <strong>the</strong> world still lack secure propertyrights, which hinders <strong>the</strong>ir economic, politicaland social security. In order to examine how povertycan best be relieved, and why access to propertyrights is fundamental to <strong>the</strong> empowerment<strong>of</strong> <strong>the</strong> poor, it is necessary to identify buildingblocks <strong>of</strong> a fully-functional property system. Sucha system operates in <strong>the</strong> following four ways:1) As a system <strong>of</strong> rules that defines <strong>the</strong> bundle<strong>of</strong> rights and obligations between people andassets. 15 Property ownership creates ties thatbind individual citizens toge<strong>the</strong>r through <strong>the</strong>formation <strong>of</strong> networks <strong>of</strong> economic and legalrights and corresponding obligations. Thecredible enforcement <strong>of</strong> <strong>the</strong>se rights and obligationsrequires a judicial mechanism thatallows for equitable, transparent and efficientdispute resolution.2) As a system <strong>of</strong> governance. Property systemsare a central facet <strong>of</strong> state functionality, andas such are an important measurement <strong>of</strong> fiduciaryand administrative effectiveness. Theinstitutional order <strong>of</strong> <strong>the</strong> state is based ontechnical rules and relationships which defineinteractions between stakeholders, rangingfrom direct ownership <strong>of</strong> land to promulgation<strong>of</strong> rules that govern security <strong>of</strong> land andhouse tenure, land planning, zoning, taxingand o<strong>the</strong>r aspects <strong>of</strong> property management.Technological innovation, which has radicallyreduced <strong>the</strong> cost <strong>of</strong> information, has generated<strong>the</strong> possibility for fur<strong>the</strong>r transparency and accountabilityin property systems as an instrument<strong>of</strong> governance.3) As a functioning market for <strong>the</strong> exchange <strong>of</strong>assets. A fully functional property system allowsland, houses, moveable property, equityshares, and ideas to be transformed into assetsto be bought and sold at rates determinedby market forces. This subjects <strong>the</strong> exchange<strong>of</strong> property to a level <strong>of</strong> transparency and accountability,and allows for <strong>the</strong> development<strong>of</strong> financial mechanisms — including credit66

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