Form and function in property theory

The twenty-first century poses challenges for property law as climate disruption increases the risks of resource conflicts and mass population displacement. Current positivist approaches highlight the central role of states as guarantors of property against the threat of Hobbesian conflict over valuable resources. Such a ‘strong state’ hypothesis has informed land law development in conflict- and displacement-affected countries such as Cambodia. Yet there are grounds for questioning whether state-centric property laws are well-suited for a climate-affected future of population displacement and resource conflicts. This chapter suggests that state-centric property laws have failed to resolve, and may have exacerbated, global phenomena associated with displacement and conflict – namely informal settlements and chronic tenure insecurity for poor and vulnerable groups. The chapter further argues for adaptive perspectives on property law to reflect proprietary facts-on-the-ground in contexts of population displacement and resource conflicts.