Boydell, S. & Baya, U. 2014, 'Using Trust Structures to Manage Customary Land in Melanesia: What lessons can be learnt from the iTaukei Land Trust Board in Fiji', Land and Poverty Conference Website, The World Bank, Online, pp. 1-25.
At a time when external influences seek access to customary land in Melanesia for commercial gain (including mineral exploration, forestry, palm oil, agriculture and tourism), we question what institutional arrangements best serve customary landowners in administering their land. Fiji has recorded genealogies since the 1880s and is, as a result, potentially better placed than its Melanesian neighbours. Commercially, Fiji has benefited from the establishment of the Native Land Trust Board (NLTB) in the 1940s as a quasi-governmental body that has administered all customary land in Fiji on behalf of indigenous groups. In 2011 the NLTB changed its name to the iTaukei Land Trust Board (iTLTB). The iTLTB employs 60+ professional staff, and has demonstrated in Fiji that leasing is an instrument that can render the freedom of doing business on customary owned land. We review the iTLTB using a research design of phenomenological transdisciplinarity. We find the iTLTB model offers a template that can be encouraged in wider Melanesia (rather than incorporated land groups), but its operation needs constant review in order to nurture aspects that assuage fear of loss of control from the landowners' perspective whilst assuring stability and certainty to potential investors.
Boydell, S. 2013, 'How Common - Sex, Malls, and Urban Parks', State of Australian Cities Conference 2013: Refereed Proceedings, State of Australian Cities Research Network, Sydney, pp. 1-10.
This autoethnographic narrative (Hesse-Biber and Leavy, 2006, Chiu, 2004, Smith, 2005, Wall, 2006) engages with three dimensions of our contemporary urban `commons through the lens of property rights and notions of right to the city. It draws on the research findings from a number of transdisciplinary research collaborations, and presents them as a perambulation through the perceived commons of the contemporary city, taking in a shopping trip, a relaxing couple of hours in a park, and some sex. The `commons of the mall, the park and the night time society are seen as essential to the urban experience, but they are constrained and controlled spaces in our contemporary city. There is a dynamic power and relationship tension between the libertarian city and the operational city. The broader findings in the projects explored in this research serve to provide clarity on those relationships, and expose the reality of the `good neighbour from a planning and legal geography perspective. This paper engages creative non-fiction to introduce challenging and politically charged issues. It navigates through such tensions by way of a narrative, to give meaning, depth and context by offering a more accessible engagement to the complex real property rights that confront us in the urban milieu. Drawing on several collaborations, the underlying research design is one of phenomenological transdisciplinarity (Nicolescu, 2006, 144), which implies the goal is to build models to connect theory to observed reality, informing potential policy outcomes.
Boydell, S. & Baya, U. 2013, 'Resource Development on Customary Land - Using Option Pricing Theory to Share the Benefits from the Exploitation of Land Based Resources', Proceedings of Annual World Bank Conference on Land and Poverty - 2013, The World Bank, Online, pp. 1-22.
Building on prior research that identified the benefits of engaging a synergistic value approach to land resource compensation, this paper explores the potential of applying option-pricing theory as a proxy for the economic value of the `marriage of stakeholder interests associated with mineral exploitation. Drawing on the example of a copper and gold reserve in Fiji, and equally applicable to other Pacific Islands or African contexts, the research adapts, evolves and explains the findings of recent modeling to recommend equitable stakeholder benefit sharing in the context of customary land. The synergistic compensation model, informed by (and acknowledging the limitations of) option pricing theory, offers a key transparent negotiation tool for all parties but highlights the need for increased negotiation capacity in developing countries. Informed by publicly available data, it places the onus on the exploration company to prove or disprove the data. It also offers a policy framework that enables the custom landowners to be the direct financial beneficiaries of the scheme (potentially by taking a share in bullion rather than cash), with the national fiscal benefit to the State being derived from standard taxation arrangements over the custom landowners newfound source of revenue.
Boydell, S. & Sheehan, J.B. 2012, 'Legal Precedents and Evolution of Rights, Trading and Frameworks - Water and Carbon'.
Invited speaker at international gathering of Commonwealth Heads of Valuation Agencies. Legal Precedents and Evolution of Rights, Trading and Frameworks - Water and Carbon In this two part presentation, we start by introducing the Murray-Darling Basin, a river catchment covering an area of 1.06 million km2, which equates to 14 per cent of land area in Australia. The Basin spans four states (Queensland, New South Wales, Victoria and South Australia) and one territory (Australian Capital Territory). Whilst utilisation of the Basinâs resources has benefited Australiaâs development, this vast river system has been the basis of ongoing tensions between competing socio-cultural, economic and ecological dimensions. We navigate the complexity and dimensions of water allocations, water trading, custom and native title, tenure, politics, power and legal pluralism in a search to provide equitable, transparent, transportable and workable property rights institutions for the Murray-Darling Basin. In a time of climate change, cities are challenged by the twin demands of reduced carbon emissions and the provision of a potable water supply. Meanwhile our governance and legal frameworks are inadequately prepared for the emergent trade in carbon property rights and water property rights. In the second part of our presentation we explore the inappropriate reliance on legal precedent to explain emergent rights (which sees them wrongly described in a climate changed world) and the evolution of a coherent model of the constellation of carbon property relations and interests.
Boydell, S. & Baya, U. 2012, 'Resource Development on Customary Land - Managing the Complexity through a Pro-Development Compensation Solution', Annual World Bank Conference on Land and Poverty 2012, The World Bank, Washington DC, pp. 1-28.
This research explores how an equitable compensation model can be formulated for resource rich developing countries, like those in Melanesia, where the principles of customary land ownership are protected by Constitutions and traditions alike. Currently, the approaches taken to compensate customary landowners for the loss of access to their traditional subsistence and spiritual recognition to the land is somewhat ad hoc. We use law as an analytical concept to articulate disconnected worldviews between indigenous values and capitalist interests, applying these interpretations to what we refer to as the Plurality of Registers. We review compensation regimes around the world, analysing legislation, decided cases and resulting problems, basing our findings on a combination of fieldwork and community engagement, discussions with NGOs and government agencies. We investigate four compensation approaches (tailored to landowner rights, tailored to common rights, development driven quantification, and negotiated agreement), which we incorporate into a 'hybrid' model. Through a stakeholder and rights based analysis of a mining infrastructure scenario, we demonstrate the efficacy of the synergistic value approach, a method more familiar to the valuation profession than mainstream economists, arguing that it has more to offer in the context of equitable land resource compensation in Melanesia.
Boydell, S. & Baya, U. 2012, 'Resource development on customary land - Keynote presentation at FIVEM Annual Conference'.
Nugapitiya, M., Healy, P.L. & Boydell, S. 2011, 'The Self Aware Project Manager', Proceedings of IRNOP X: the tenth conference of the International Research Network for Organizing by Projects, IRNOP / University of Montreal, Canada, Online, pp. 1-29.
Amid growing concern that the project management body of knowledge (PM BoK) and a large part of the literature does not adequately describe the lived experience of contemporary project management practice, we offer a sociologically enhanced description of the practice of project management. We achieve this in two ways. Firstly, through an examination of a body of literature that has its roots in the interpretive domain. Secondly, we explore project management practice through the lived experience of the project manager. We draw on ideas from the Chicago School of Sociology, including the work of Mead and Cooley on the self. This allows us to develop the intellectual apparatus to illuminate, in part, the lived experience of the project manager. This framework stresses the importance of positioning the project manager's self as an entity, and the other participants subjectively.
Searle, G.H., Boydell, S., Crofts, P., Hubbard, P. & Prior, J.H. 2011, 'The local impacts of sex industry premises: Imagination, reality and implications for planning', Proceedings of the World Planning Schools Congress 2011, Global Planning Education Association Network (GPEAN), University of Western Australia, Perth.
This paper uses survey data to investigate the community impacts of relatively liberal planning regulation of sex industry premises that has been instituted in Sydney. In this, it explores the contested relationship between community attitudes to sex premises, planning controls over such premises, and real world impacts arising from the application of these controls. The paper first looks at how the range of planning impacts from sex industry premises that were perceived in the past have framed the construction of present planning controls to regulate the sex industry in two Sydney local government areas (one inner and one middle). Survey perceptions of a sample of current residents and commercial firms located close to sex industry premises about possible impacts, as well as perceptions of sex premises in general, are described. The scope of impacts and perceptions measured draws on a range of research from legal studies, property and planning studies, and sociology. The findings are set against the operative planning controls and the assumptions and desired outcomes inherent in them in order to evaluate the appropriateness of the controls. The paper concludes with suggestions for amendments to controls that more closely reflect community perceptions of actual sex industry impacts rather than perceptions of assumed impacts, and reflections on the nature of the intersection of community attitudes to sex premises, planning controls, and the ensuing level and type of actual community impacts.
Pasian, B., Sankaran, S. & Boydell, S. 2011, 'Factors for designing a second generation of project management maturity models', PMI Global Congress 2011 - North America Proceedings, Project Management Institute, USA, pp. 1-16.
This research explores the dynamics of a reliable project management capability responsible for undefined projects, and proposes new factors that could influence how project management maturity is determined and modeled. It demonstrates that unique processes and practicesâthat are not tightly controlled, repeatable and predictableâcan contribute to the reliable management of e-Learning projects in a university environment. A multimethod research design is used with textual analysis of maturity models and a case study of university environments. Results indicate multiple processes and practices that enable this capability in ways that do not fit the current view of project management maturity. Context-specific values, specialized bodies of knowledge (instructional design), customer involvement, third-party influence, and tacit factors such as trust and creativity are amongst these factors. A clear path emerges of an alternative route to project management maturity.
Boydell, S. & Baya, U. 2011, 'Formulating an equitable pro-development compensation model - lessons from the Pacific', COBRA 2011: Proceedings of RICS Construction and Property Conference, Royal Institution of Chartered Surveyors / University of Salford, UK, pp. 1523-1543.
Many Pacific Island countries are challenged by aspirations for development and western commercialism that conflict with the desire to maintain the best of custom and traditional land stewardship. In this paper, we explore the development of an equitable compensation approach that applies the principles of marriage value (or synergistic value) to recognise the reliance that island communities have on customary fishing grounds. Waterside tourism ventures are a marriage between a hotel development and associated infrastructure on the land, and the need to access and use the adjoining lagoon or ocean for recreation activities. Likewise, mineral exploration and development in the interior requires access to waters edge wharf facilities for export purposes, which impacts ecologically on customary fishing grounds. We use an example where property rights over the customary fishing ground are sometimes held by traditional groupings from the interior rather than the waterfront landowning group on whose land, for example, a lease may have been granted for a resort development. Building on a detailed analysis of both the institutional arrangements and stakeholder interpretations, we combine these insights with lessons from other jurisdictions to explore and analyse five potential compensation models. We engage scenario analysis to allow the interests of the various stakeholders in a potential development to be reconciled, and this in turn allows for a discussion and elaboration on the appropriate valuation methods that can be applied, drawing on international best practice, through the integration of current International Valuation Standards.
Murti, R. & Boydell, S. 2011, 'Good Governance and Sustainable Resource Use in the Pacific'.
Sharing Power Conference IUCN (International Conservation Union) Commission on Environmental, Economic and Social Policy. 'Sharing Power: A New Vision for Development' was a multi-disciplinary conference held in Whakatane, Aotearoa New Zealand, from 11-15 January 2011. The Conference built on the vision of "A world where equity is at the root of a dynamic harmony between people and nature, as well as among peoples. A world of diversity, productivity and integrity of natural systems. A world in which production and consumption patterns are sustainable. A world where cultural diversity is intertwined with biological diversity and both generate abundant livelihoods opportunities." (IUCN Commission on Environmental, Economic and Social Policy: Vision Statement) The Conference brought together scientists, economists, indigenous leaders, environmentalists, academics, policy makers in national governments and international agencies, and many others who care about the quality of heritage this generation passes on to future generations. The Conference focused on the need for policy and decision makers in Governments and Corporations to accommodate a greater level of inclusion of indigenous peoples and all citizens, in national and international policies on the management and governance of bio-cultural resources, and advocates the rights of mother earth â the planet. It was a partnership between two global organisations/networks - the International Union for the Conservation of Nature (IUCN) and the IUCN Commission on Environmental, Economic & Social Policy (CEESP), and two Maori (indigenous) organisations, Te Runanga o NgÄ?ti Awa (a tribal authority) and Te Whare WÄ?nanga o AwanuiÄ?rangi (a tribal university). ABSTRACT Good Governance and Sustainable Resource Use in the Pacific Radhika Murti and Spike Boydell Whilst land is the foundation of the economy in most societies, it plays a core social, political and identity role in the South Pacific where, despite colonisation, it has remained vested in customary familial and tribal ownership in these post-independence island countries. Whilst the ownership structure, hierarchy, and decision-making processes, vary from country to country, legal pluralism prevails as Pacific societies struggle to manage tradition and stewardship alongside the demands of economic growth. In post-independence society, colonisation has been replaced development aid models that have supported land administration systems predicated on western notions of property rights, and often these systems have not been harmonised with traditional ownership structures. More recently, the focus has moved towards good governance of land and land administration, with increased donor realisation on the importance of the customary arrangements. The discovery of significant mineral resources in Melanesian countries has highlighted the importance of good governance, as communities strive to balance the potential for economic development with the social and ecological dimensions of customary land stewardship. New trust structures have emerged in an attempt to protect the interests of the landowners whilst liberating access to the land, in an attempt to balance those interests with the aspirations of exploration companies and governments. Research and analysis of such recent developments in the Pacific is currently underway, however available scientific and grey literature highlights the urgent need for national land policies that reconcile introduced administration systems with customary ownership structures. This paper reviews then summarises the principles and characteristics of sound policies and processes highlighted by recent studies on access to land in the Pacific. Drawing on contemporary examples, the paper proposes strategic steps to turn challenges into sustainable opportunities to improve access to land for development in the Pacific.
Baya, U. & Boydell, S. 2011, 'Using Trust Structures to Manage Customary Land: An Analysis of the iTaukei Land Trust Board in Fiji'.
Customary land administration in Fiji is an enormously complex and huge undertaking which still has a lot of room to be more efficient and accountable to its primary beneficiaries, the landowners, counter balancing the needs of a developing economy. Where the deliberation does not appear directly relate comprehensively to your inquiry, it is hoped that the discussion may form part of the context of the solutions sought by the traditional leadership of Vanuatu. The contention however, is that a long term co-ordinated adaptative reform would achieve considerable and effective management of customary lands.
Arvanitakis, J. & Boydell, S. 2011, 'The Malaise of the Mall: a transdisciplinary inquiry into Space, Power & Design'.
Abstract: The Malaise of the Mall: a transdisciplinary inquiry into Space, Power & Design The enclosed malls of our superregional shopping centres have become the cathedrals of contemporary consumerism. They satisfy what Harvey (2008) describes as the perpetual need to find profitable terrains for capital-surplus production and absorption. In this paper we investigate notions of urban identity, citizenship and belonging through the neoliberal ethic that we articulate as the malaise of the mall. The mall is the locus of urban restructuring and centrality, where the market forces of highest and best use prevail. Australians seemingly love malls - some ten million invest in them, albeit indirectly, through their superannuation funds. The motivation for such lemming like investment activity is grounded on ever increasing rental growth and capital appreciation in a high value but narrowly confined sector, where the actual rights to the city are "restricted in most cases to a small political and economic elite who are in a position to shape cities more and more after their own desires" (Harvey, 2008, p.38). Mall shopping's powerful and pernicious hold on the collective psyche is articulated as the Gruen Transfer, or Gruen Effect, a theory of retail behaviour that relies on shoppers being "so bedazzled by a store's surroundings that they will be drawn - unconsciously, continually - to shop" (Hardwick, 2004, p.2). Yet, unlike the streetscape that was hitherto the hub of the urban commons, the shopping centre is by its very nature exclusive. "Only those who can afford to buy its luxurious merchandise are also allowed to contemplate its waterfalls and glittering mirrors" (Friedman, yr). In this paper we analyse and review the Gruen Legacy - the contemporary enclosure of the urban commons - whereby the landscape has been transformed to secure shopping malls in a militarisation of city life that merges urban architecture and police apparatus.
Prior, J.H. & Boydell, S. 2010, 'Understanding property rights in carbon: a methodological inquiry', CIB W113 Papers on Law and Dispute Resolution in Property, Construction and the Built Environment, CIB Working Commission on Law and Dispute Resolution in Property, Construction and Built Env (W113), Paris, France, pp. 45-61.
Climate change threatens to have wide-ranging impacts on the sustainability of ecosystems and presents enormous challenges for conventional modes of socioeconomic governance. Against this backdrop, there have been a range of responses to put a price on carbon such as the EU Emissions Trading Scheme (ETS) and New Zealand ETS, and the unsuccessful Carbon Pollution Reduction Scheme Bill 2009 in Australia. These ETS models do not clearly articulate the underlying asset, the carbon property right, upon which the price of commoditised carbon is secured. As a result of such initiatives, a clear understanding of what comprised a property right in carbon is emerging as a foundation component in the arsenal of mechanisms that are being brought together to mitigate and adapt to climate change at the international level.
Fairlie, K.L. & Boydell, S. 2010, 'Representing Carbon Property Rights', The XXIV FIG International Congress 2010: Proceedings, International Federation of Surveyors (FIG), Sydney, Australia, pp. 1-18.
The reduction of carbon emissions is considered fundamental in the mitigation of a global rise in temperature and severe climate change events. A market approach has been adopted by several countries to efficiently reduce national carbon emissions and fulfil Kyoto Protocol obligations, and emergent sequestration rights in carbon have gained distinction from the archaic bundle of rights metaphor. In this respect, rights in carbon follow rights in water and biota as emerging property rights that must be independently managed, measured and represented visually. The distinction of carbon from rights in land, biota and water does not preclude the necessity of managing all land system rights as interdependent entities. We suggest that key to managing land and property rights holistically is an adequate representation of the relationships and interdependencies between land elements, the rights, obligations and restrictions, and the multiple stakeholders with an interest. Existing methods, such as Geographic Information Systems (GIS), fail to display systems holistically and comprise only visual elements with limited interactivity that risk compromising understanding and uptake by amateur users. In addressing the above, this paper will first explore areas of contested meaning significant to the unbundling of rights in real property and the management of land at the system level. These areas comprise land and property, representation and visualisation, and property rights themselves. We will then introduce the key requirements and base design of our proposed virtual representation of complex real property rights, specifically designed for a better interpretation of carbon property rights. This research is a work in progress, and is presented as a merging of ideas and concepts to provoke thought and cooperation on a subject that is integral to climate change discussions.
Greenway, I., Parker, J., Teo, C., Wonnacott, R., Borrero, S., Boydell, S. & Enemark, S. 2010, 'Developing Sustainable Institutions and Organisations: the work of the FIG Task Force', The XXIV FIG International Congress in Sydney: Proceedings, International Federation of Surveyors (FIG), http://www.fig.net/pub/fig2010/, pp. 1-20.
The FIG Task Force on Institutional and Organisational Development has taken forward a programme of work to assess the particular challenges to building organisational capacity. The Task Force developed, tested and refined a self-assessment questionnaire to determine capacity at system, organisation and individual levels; this was made available to and completed by professionals from many countries. In reviewing the responses to the questionnaire, FIG also considered other recent work including that of the UN FAO (2007), AusAID (2008) and Land Equity International (2008). This work (which is described in more detail in Greenway (2009)) led FIG to draw the following broad conclusions: â¢ Cooperation between organisations is a weak point: there is often suspicion rather than cooperation; â¢ The remits and skills of the different organisations involved in administering a land administration system are often not joined up effectively; â¢ The lack of effective working across sectors is a particular issue; â¢ There are skill gaps, particularly in the conversion of policy into programmes, the division of labour, and ensuring effective learning and development; â¢ Stakeholder requirements appear insufficiently understood or insufficiently balanced, leading to ineffective use of outputs; â¢ There is insufficient time and effort given to learning from past experience. The Task Force considered the results of its analysis and came to the view that a number of key components need particularly to be considered by those who want to build sustainable institutional and organisational capacity in the field of land administration. The Task Force therefore created an FIG Publication providing guidance to managers on organisational capacity building, focussing on these key components. This paper summarises the work and output of the FIG Task Force on Institutional and Organisational Development.
McDermott, M.D. & Boydell, S. 2010, 'Complexity Epistemology and Real Property Rights', The XXIV FIG International Congress, Proceedings, International Federation of Surveyors (FIG), http://www.fig.net/pub/fig2010/, pp. 1-9.
An intellectual foment has been under way for the last few decades, with the limitations of modernist scientism and similarly mechanistic philosophies being revealed as fraudulent insofar as they make claims to any magisterial authority. The ground is shifting beneath our conceptual feet, and with it our concepts of our rights over the ground itself. Central to the emerging paradigm is its co-dependently emerging complexity epistemology, and central to that is the concept of autopoiesis at both individual and social scales. Ecological niches are both found and created by the process of autopoiesis, and brought down to earth in the forms of rights over real property in a particular society. They are often co-dependently internalised thereby into the identities of members of that society in mutual interest social contracts: 'this land belongs to me; this land is a part of me'. There are few areas where these issues are as apparent as that of land policy. With the aim to be able to better formulate land policies, this paper is an attempt towards the construction of a valuational framework whereby the effects of changes in real property rights can be qualitatively as well as quantitatively assessed - not only as merely economic values as endemic in mechanistic philosophies, but also in terms of social and environmental values. While clearly impossible within mechanistic philosophical frameworks, it appears possible within the much larger hierarchical framework of complexity epistemology and transdisciplinarity.
Boydell, S., Giurco, D., Rickwood, P., Glazebrook, G.J., Zeibots, M.E. & White, S. 2010, 'Using an integrated assessment model for urban development to respond to climate change in cities', Energy Efficient Cities: Assessment tools and benchmarking practices, The International Bank for Reconstruction and Development / The World Bank, Washington DC, USA, pp. 65-91.
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This chapter describes an integrated assessment model for city-scale urban development that links the energy used in passenger transport (public and private) and residential in-house energy use. The model divides the urban region into disjoint subregions, the core of the model being centered on residential location choice, which is calibrated by population, demographic characteristics, and building types, leading to preferences for each subregion based on household type. Submodels are subsequently used to calibrate different rates of energy in accordance with household and demographic factors.THis generates a picture of consumption patterns across the metropolitan area, enabling an appreciation of spatially heterogenous factors such as differing levels of greenhouse gas (GHG) emissions, alongside variations in the distribution of infrastructures that can create considerable variation in energy consumption between districts within cities. The energy impacts of policy decisions that affect, by way of example, where new housing is to be built and of what type, can then be simulated. The workings of the model are demonstrated in the chapter using data on Sydney, Australia, as a case study, with the research offering a policy scenario to city officials to monitor its progress towards a 2030 vision for a sustainable Sydney.
Boydell, S. & Searle, G.H. 2010, 'The contemporary urban commons: a case study of Darling Harbour, Sydney', COBRA 2010 - The Construction, Building and Real Estate Research Conference of the Royal Institution of Chartered Surveyors (CIB W113 Papers on Law and Dispute Resolution), RICS Org, London, pp. 809-826.
This paper reports on research funded by the RICS Education Trust. We offer an analysis of the contested state of contemporary urban commons in an Australian city, through a case study of the Darling Harbour scheme in Sydney. Moral claims of ownership often outweigh legal claims of ownership in the scarce public spaces that comprise the contemporary urban commons. We question if these contemporary commons provide a counter-weight to the privatised rigidities of urban capitalist societies. Our research design incorporated an analytical hierarchy process (AHP) to test a mosaic of property rights in the contested commons. This mosaic essentially comprises a spectrum of property rights, resulting in a variety of contemporary common that range from spaces with unrestricted public access to private leasehold property with limited public access rights. We identify several distinct types of commons at Darling Harbour. We engaged an Expert Choice analysis of interview data to ascertain the relative importance of each kind of property right for users and lessees of different kinds of spaces in Darling Harbour. This enables Darling Harbour to be mapped as a heterogeneous commons comprising a set of spaces that each has their own distinctive mosaic of predominant perceived property rights.
Boydell, S., Sheehan, J.B., Prior, J.H. & Hendy, S. 2009, 'Beyond the bundle: expanding our understanding of contemporary property rights', Pacific Rim Real Estate Society 15th Annual Conference, PRRES, Sydney, Australia, pp. 1-19.
Giurco, D., Prior, J.H. & Boydell, S. 2009, 'Future Latrobe Valley scenarios for a carbon-constrained world: industrial ecology, environmental impacts and property rights', SSEE 2009 International Conference Website, Society for Sustainability and Environmental Engineering (SSEE), Melbourne, Australia, pp. 1-13.
The Latrobe Valley has substantial brown coal deposits which are currently mined for use in coal-fired power stations which supply 85% of Victoriaâs electricity. This paper considers the role that industrial ecology could play in underpinning the future structure (2050-2100) of the Latrobe valley industry base in a carbon-constrained world. Potential future scenarios for industry clusters were developed around three themes: bio-industries and renewables (no coal usage); electricity from coal with carbon capture and storage (low to high coal use options exist within this scenario); coal to products (e.g. hydrogen, ammonia, diesel, methanol, plastics, char with medium to high overall coal use relative to current levels). This research uses life cycle thinking to characterise the potential water, greenhouse gas and property rights impacts across life cycle stages.
Boydell, S., Sheehan, J.B., Prior, J.H. & Hendy, S. 2009, 'Carbon property rights, cities and climate change', Fifth Urban Research Symposium: Papers and Presentations Website, Urban Research Symposium, World Bank, France, pp. 1-16.
In a time of climate change, cities are challenged by the twin demands of reduced carbon emissions and the provision of a potable water supply. Meanwhile our governance and legal frameworks are inadequately prepared for the emergent trade in carbon property rights and water property rights. Such instances are compounded when legal frameworks from developed economies are applied to developing nations, particularly those with a reliance on customary structures. The key contribution to the body of literature is our highlighting of inappropriate reliance on legal precedent to explain emergent rights (which sees them wrongly described in a climate changed world) and the evolution of a coherent model of the constellation of carbon property relations and interests.
Boydell, S., Giurco, D., Rickwood, P., Glazebrook, G.J., Zeibots, M.E., White, S. & Thomas, L.E. 2009, 'Using integrated urban models to respond to climate change in cities', Fifth Urban Research Symposium on Cities and Climate Change Website: Responding to an Urgent Agenda, Urban Research Symposium, World Bank, France, pp. 1-33.
This paper presents a single, integrated urban model that focuses on the key areas of transport, domestic energy-use, and domestic water use and how these relate to urban planning and other policies. The model structure is spatial ½ requiring a sub-division of the urban region into disjoint sub-regions. Such a sub-division is necessary, not only because spatial information is essential to any transport model, but also because climatic and demographic factors are common to all resource models, and are spatially heterogeneous. The model is intended for use by local, regional, and state authorities, government departments, energy, and utility service companies as a modelling and decision support tool for analysing the impact on cities of a range of energy, water, transport, and land use related policies. In particular, it seeks to understand the impact - reductions possible at household and city scales. Growing awareness of the threats from climate change has focused attention on greenhouse gas (GHG) emissions and the need to reduce them. Using a sample analysis of Sydney, our on-going research collaboration seeks to examine the working relationships between multiple infrastructure sectors through a single analysis platform. The need to integrate policy for multiple infrastructures is critical given the multiple fronts on which the sustainability of urban systems are now jeopardised.
Boydell, S., Crofts, P., Prior, J.H., Jakubowicz, A.H. & Searle, G.H. 2009, 'Sex in the city: regulations, rights and responsibilities in Sydney', State of Australian Cities (SOAC) Conference, Promaco Conventions Pty Ltd and DiskBank, Perth, Australia, pp. 1-24.
The state regulates sex industry types in accordance with a range of complex, overlapping and often conflicting legal, policing, planning and administrative mechanisms. The sex industry in Sydney is currently regulated through all levels of Australian government. New South Wales (NSW) is seen as leading the charge within Australia for its neoliberal market model of occupational and premises regulation. Taking a transdisciplinary research design, this paper identifies positive steps towards citizenship and the sex industry in inner Sydney.
Nugapitiya, M., Healy, P.L. & Boydell, S. 2009, 'Engaging 'Meaning' in the Analysis of the Project Start-Up Workshop', IRNOP IX International Research Network on Organizing by Projects, International Research Network on Organizing by Projects, Berlin, Germany, pp. 1-25.
'Meaning' provides a valuable concept in the explanation of project management (PM) practice. It offers an understanding of the basis of human behaviour and action. In this paper, we present a model of meaning that we employ in the examination of PM practice. Our model consists of a simplified definition of meaning, a description of introspection leading to understanding and a process of interaction between people. This process enables the construction, destruction, and development of meaning. We demonstrate this approach by analysing an autoethnographic case study of a project start-up workshop to test our model. Such a model requires a shift to an interpretivist paradigm, and to achieve this we draw on ideas and concepts from the Chicago School of Sociology and the Continental Philosophers in examining the PM practice. Our interpretivist model makes a significant contribution to the understanding and application of meaning in the context of Project Management practice. It provides an enabling methodology that allows the Project Manager the authority to be introspective in their analysis of their respective role and place in project success.
Boydell, S., Watson, N., Mangioni, V., McMillan, M.D. & Sankaran, S. 2009, 'The Republic and its impact on property rights in Sydney', State of Australian Cities (SOAC) Conference, SOAC, Perth, Australia, pp. 1-21.
In 1973, the Federal Commission of Inquiry into Land Tenures identified that `in our modern complex society, an individualistic approach to property rights and land ownership is incompatible with public interest, unless individual rights are restricted to the use and enjoyment of the land (Else-Mitchell et al., 1973, p.17). We offer a theoretical inquiry into the institutional arrangements to enable an innovative land restitution model for Sydney within a new Republic, by vesting the superior interest in land (and buildings thereon) in the stewardship of the customary indigenous guardians (rather than the State or Crown). The model analyses leasehold solutions and land tax implications to ensure the continued economic growth of the City of Sydney under such a restitution arrangement.
Prior, J.H. & Boydell, S. 2008, 'The nocturnal landscape of property rights: 'Sex in the City'', The 4Rs Conference: Rights, Reconciliation, Respect, Responsibility: Planning a socially inclusive future for Australia, UTS, Sydney, Sydney, pp. 1-21.
Citizenship is normally framed in abstract terms with seemingly little or no relevance to the sexuality of the citizen. In the past decade a growing body of literature has begun to argue that when it comes to the matter of exercising citizenship rights sexuality becomes of key relevance. Within this emerging literature particular attention has been drawn to the way in which the rights of particular sexualities "homosexuality, sex work, sex outside of marriage" have changed significantly over recent decades. This panel session explores the mosaic of rights that have emerged in recent decades within the NSW context associated with sex work and sex industry premises such as brothels and parlours; for example citizens are now able to legally engage in street based sex work within designated areas across the State. Drawing on a series of recent studies the panel explores and discusses particular aspects of this emerging mosaic of rights "the right to safety, the right to use the spaces of the city" and the responsibilities that authorities, amongst others, have in maintaining them.
Boydell, S. 2008, 'Institutions, Complexity and the Land', FIG Working Week 2008 - Integrating Generations and FIG/UN-HABITAT Seminar - Improving Slum Conditions through Innovative Financing, International Federation of Surveyors (FIG), http://www.fig.net/pub/fig2008/techprog.htm, pp. 1-11.
Refereed paper - see below from CD & website (http://www.fig.net/pub/fig2008/techprog.htm) Wednesday, 18 June, 11:00-12:30, Norra Latin, Aulan TS 6A - Good Governance in Land Administration Commission: 7, 8 and 1 Chair: Dr. Diane Dumashie, Chair of FIG Commission 8, United Kingdom This session is recommended to participants of the FIG/UN-HABITAT Seminar âImproving Slum Conditions through Innovative Financingâ?. Mr. Tony Burns and Dr. Kate Dalrymple (Australia): Conceptual Framework for Governance in Land Administration (2861) [abstract] [paper] [slides] This paper is recommended as a background paper to participants of the FIG/UN-HABITAT Seminar âImproving Slum Conditions through Innovative Financingâ?. Prof. Spike Boydell (Australia): Institutions, Complexity and the Land (2919) [abstract] [paper] [slides] This is a peer reviewed paper. Prof. Francis GÃ¤bele and Mr. Marc Vanderschueren (Belgium): The General Administration of the Patrimonial Documentation of Belgium Turned Towards the Future (2782) [abstract] [paper] [slides]
Nugapitiya, M., Boydell, S. & Healy, P.L. 2008, 'The Introspective Project Manager', AIPM Conference 2008, Australian Institute of Project Management, AIPM 2008 Conference Managers, Sydney, pp. 1-7.
Paper Summary: The project manager must navigate a myriad of social processes and contexts concurrently with the application of technical skills. The experience of making context appropriate judgements is internal to the project manager, albeit involving essential interactions with others. We seek to make that lived experience of the project manager directly accessible. Access is often limited because of a lack of an appropriate vocabulary to articulate the missing sociological dimension.. We help project managers find their voice through autoethnography and draw attention to seven key concepts articulated through the Chicago School of Sociology and the phenomenology of the Continental Philosophers.
Boydell, S. 2008, 'Property Rights and the Challenge of Good Governance in the Institutions of Land Tenure'.
Invited plenary presentation at major Pacific regional seminar on Good Governance in Land Tenure and Administration in the Pacific Islands.
Boydell, S., Behrendt, L.Y., Goodall, H., Sankaran, S., Watson, N., Mangioni, V., McMillan, M.D. & McDermott, M.D. 2008, 'Sydney Restored: Aboriginal ownership of city spaces', Cities Nature Justice: Abstracts, UTS : Trans/forming Cultures, http://www.transforming.cultures.uts.edu.au/news_events/CNJ_abstracts.html, pp. 1-1.
Challenge Grant output, presented by Nicole Watson This paper explores an irredentist model of justice in the city, one in which Aboriginal title is taken as the superior property interest over Sydney. It reports on a trans-disciplinary UTS funded research initiative investigating the impact on the institutional landscape of a solution that prioritises the human and property rights of the indigenous population. Methodologically, this research adopts what Creswell and Tashakkori (2007) refer to as a paradigm perspective. The approach integrates an eclectic combination of research modes into history, law, social inquiry, theory, practice, and beliefs, with the attitudes of finance, finance providers, capital users and indigenous property owners. Such a dynamic trans-disciplinary engagement demands that the researchers discuss an overarching worldview (or several worldviews) that provide a philosophical foundation for mixed methods research. Building on the role of land in Aboriginal politics, we explore Native title and the interplay with freehold and leasehold models. Our model raises a range of issues for the contemporary commons. as well as conceptions of ownership when long leasehold interests replace freehold titles. Whilst in the short term, we suggest that there is no significant financial impact on those holding the new 99-year tenancies, a range of issues arise in respect of the reversionary interest including rights, obligations, and restrictions surrounding improvements on the land. We also highlight the complexity surrounding land tax and the role of the State in such a model.
Boydell, S. 2008, 'Building Capacity through Education and Training'.
Abstract: This presentation takes a Pacific focus, highlighting that the role of customary land in the development of Pacific Islands is now firmly on the good governance agenda of donors and regional agencies. Tasked with negotiating these challenges are a small cohort of property professionals. The majority are land management graduates (in land management, real estate, planning or geomatics) from the University of the South Pacific or the Papua New Guinea University of Technology, who have studied their degree in their second (or third) language. Unlike their counterparts in developed countries, these graduates often return to senior positions in Government lands departments, without the support of mentors or professional bodies to help them navigate the early years of their career. In a major step towards post university support and professional representation, the Pacific Islands Land Professionals Association (PILPA) was established in July 2008. This initiative of the Commonwealth Association of Surveying and Land Economy (CASLE) was almost thirty years in the making. As a representative professional body, PILPA can seek international recognition and support from other professional bodies. The mandate of PILPA largely overlaps and embraces the emergent Pacific Island Planning Association (PIPA). Professional representation, whilst a major step for the region, can only advance its members in the region so far. Critical to making land work to support development in the region, this presentation discusses the engagement of kindred professional bodies (such as the Australian Property Institute, the Planning Institute of Australia, the Institute of Surveyors Australia, the Royal Institution of Chartered Surveyors and the Spatial Science Institute) to provide both expertise and essential mentor support to the young and aspiring Pacific land professionals.
Boydell, S. 2008, 'Towards a Regional Institute for South Pacific Land Professionals'.
Invited keynote address to the COMMONWEALTH ASSOCIATIONOF SURVEYING AND LAND ECONOMY PACIFIC MINI-CONGRESS, SUVA, JULY 2008
Boydell, S. 2007, 'Building Valuation Capacity for Sustainable South Pacific Communities', Building Sustainable Communities in the Commonwealth, Commonwealth Association of Surveying and Land Economy (CASLE), Christchurch, N.Z., pp. 1-13.
Land, or more correctly the lack of clearly defined property rights to land and the resources associated with access, is commonly cited as a major cause of dispute and resultant instability in the developing island nations of the South Pacific region. Land is different in the South Pacific in that the majority of it was not alienated under colonisation. Some 83-97% of land remains vested in the stewardship of customary guardians. Because of colonisation, the western term ?ownership? has been inappropriately adopted where land is held under communal, tribal, or familial arrangements. The problem raised by the confusion over ?ownership? is compounded, as the economic importance of land is at the nexus of customary norms and the emergent aspirations of individualised materialism in these post independence nations. Moreover, there is a widespread lack of appreciation of the broad range of property rights held by the multiple stakeholders in the resource rich nations of Fiji, Solomon Islands, and Papua New Guinea.
Boydell, S. 2007, 'Disillusion, dilemma and direction: the role of the University in Property Research', Invited keynote address funded by the Australian Property Institute, Pacific Rim Real Estate Society, Fremantle, pp. 1-14.
Invited keynote address funded by the Australian Property Institute
Boydell, S. & Arvanitakis, J. 2007, 'A sense of place - land, ownership and cross-cultural sociological imagination', Class and place: cosmopolitan perspectives of a 'grounded' sensorium, IIS - Institute for International Studies, Sydney, pp. 1-21.
Invited keynote paper for the Institute of International Studies Workshop, "Class and place: cosmopolitan perspectives of a 'grounded' sensorium".
Boydell, S., Searle, G.H. & Small, G.R. 2007, 'The Contemporary Commons: understanding competing property rights', State of Australian Cities (SOAC) Conference, SOAC, Adelaide, Australia, pp. 1087-1096.
The city comprises a milieu of competing and complementary property rights, ranging from the individual to the communal. Whilst property rights provide a coherent legal, economic and social framework for the relationship between people, place and property, they are often misunderstood and misinterpreted by the multiplicity of stakeholders sharing the space that is the contemporary metropolis. The competing demands and expectations on space, exacerbated by the needs of urban consolidation in the evolving Australian cityscape, add to the confusion. The heterogeneous nature of the commons, both in composition and extent in different urban contexts, is discussed as a central issue in competition for property rights. The paper explores frameworks for identifying appropriate divisions between individual property rights and those of communities and society in general. It also discusses the appropriateness of controls, markets, voluntary agreement and other mechanisms for allocating property rights in urban development contexts. By combining planning, economics and property theory perspectives, this paper identifies research gaps relating to the contemporary commons, providing an agenda prioritising property rights for future research funding.
Rickwood, P., Giurco, D., Glazebrook, G.J., Kazaglis, A., Thomas, L.E., Zeibots, M.E., Boydell, S., White, S., Caprarelli, G. & McDougall, J. 2007, 'Integrating population, land-use, transport, water and energy-use models to improve the sustainability of urban systems', State of Australian Cities (SOAC) Conference, SOAC, Adelaide, pp. 314-324.
Boydell, S. 2007, 'Finding hybrid solutions to the Financial Management of Customary Land - from a Pacific Perspective', Indigenous Studies and Indigenous Knowledge Conference (ISIK 2007), ISIK, Sydney, pp. 1-15.
Murti, R. & Boydell, S. 2006, 'Effectiveness, Efficiency, and Equity in Fiji's Community Forestry: Identifying Tools for Land Tenure Conflict Transformation', Berlin Conference on the Human Dimensions of Global Environmental Change "Resource Policies: Effectiveness, Efficiency and Equity", Environmental Policy Research Centre, Berlin, Germany, pp. 1-23.
Boydell, S. 2006, 'The Reality of Research: Multiple expectations on the contemporary university serving the construction sector (keynote address)', AUBEA 2006 Conference Proceedings, AUBEA, Sydney, Australia, pp. 1-19.
Boydell, S. 2006, 'The Economic Importance of Developing Property Rights (keynote address)', International Real Estate Federation FIABCI - publications, International Real Estate Federation FIABCI, Bangkok.
Murti, R. & Boydell, S. 2005, 'Finding the Tools for Land Conflict Transformation in Fiji's Forest Management', Na politiki nu kua - new trends in Pacific Politics, Pacific Islands Political Studies Association (PIPSA), Suva, Fiji, pp. 1-20.
Land tenure conflicts, stemming from differing views on ownership and property rights within forest management in Fiji, have led to delayed implementation of critical environmental management plans, loss of economic benefits and disintegration within mataqali units. In order to successfully implement sustainable forest management, the issue of land tenure conflict has to be addressed. An examination of existing conflicts within forestry is critical in understanding the cause, implications, and possible solutions. This paper critically analyses disputes among the stakeholders involved in the Drawa project (a pilot sustainable forest management scheme) and the Sovi Basin projects to elicit an understanding of the underlying issues. The paper identifies core tools to assist in conflict transformation (viz. Walker and Daniels 1996; Dubois 1998; & EC2000 AHP) and provides a pilot application to the above case studies to explore the validity of utilising such tools for positive outcomes in a Pacific context.
Boydell, S. 2005, 'Secure Land Tenure in the South Pacific Region â Developing the Toolkit', Proceedings of Expert Group Meeting on secure land tenure: 'new legal frameworks and tools in Asia & Pacific', FIG, UN-Habitat, The World Bank & UN-ESCAP, Copenhagen, Denmark, pp. 1-16.
After introducing the spiritual, social, environmental, and economic context of land in the South Pacific Region (where 83-100% of land is vested in the customary owners), this paper investigates the challenges of implementing land reform for secure access in the region. The Pacific Umbrella Initiative (Boydell and McIntyre 2004) was taken to the World Summit on Sustainable Development â the enabling initiative provided for an evolution (and further research investigation) of land tenure conflict transformation work initially developed by the Food and Agriculture Organisation of the United Nations. The catalyst was the 2002 FAO/USP/RICS Foundation South Pacific Land Tenure Conflict Symposium which provided a benchmark for further development. Subsequent themes investigated include gender, tourism on native land, natural resources (forestry), trusteeship, absenteeism, urbanization, property rights, valuation and the wider development of property theory in the region. The process of developing a relevant regional toolkit stems from the need to deconstruct the nature of social, environmental and especially economic based conflicts which impact on land. A range of participatory approaches are adopted to support a sustainable livelihoods approach â which also allow for an investigation of the five components of capital (Human Capital, Natural Capital, Social Capital, Physical Capital and Financial Capital) (DFID 2005). Over the last seven and a half years, the Department of Land Management at the University of the South Pacific has been actively involved in developing, testing and applying a range of methodologies, which are introduced in anticipation of further discussion at the Expert Group Meeting on Secure Land Tenure.
Boydell, S. & McIntyre, M. 2004, 'Planning for Sustainable Community Lifestyles â A Pacific Perspective', Proceedings of the 3rd FIG Regional Conference for Asia and the Pacific, International Federation of Surveyors (FIG), Copenhagen, Denmark, pp. 1-18.
â.... If, in the future, human requirements are to be met in a sustainable manner, it is now essential to resolve these conflicts and move towards more effective and efficient use of land and its natural resources. Integrated physical and landuse planning and management is an eminently practical way to achieve this.â (Agenda 21, Ch.10) Pacific Island Countries (PICs) have seen the push for better governance stimulated by economic planning over the last decade. Countries and Territories are now calling for the filling of the void in physical resource use/land use planning (PIC National Assessment Reports for WSSD). Many PICs do not have systems or procedures for integrated environmental and resource use planning, development and management. Such systems are necessary to ensure countries are able to cater for sustainable development (physical, ecological, economic, social and cultural considerations). Planning systems can bring certainty and confidence into development and environmental management processes especially when targeted at the local level - through the provision of adequate environmental information, policy integration, safeguards, planning strategies and development guidelines. Using the Pacific as a case study, this paper investigates the role that surveyors have to play in providing long-term community based capacity-building activities to fully integrate environmental and development needs, using people and customs as the central parameters for decision making, management, fostering social cohesion and the promotion of sustainable livelihoods.
Boydell, S. & Curley, R. 2004, 'The Regulation, Registration and Representation of Surveyors in the Pacific Islands Countries', Proceedings of the 3rd FIG Regional Conference for Asia and the Pacific, International Federation of Surveyors (FIG), Copenhagen, Denmark, pp. 1-18.
Much of the legislation controlling the administration of ownership, registration, valuation, transfer and use of land in the Pacific Islands nations was imported by colonial powers in the 19th century and has remained in force, with only minor amendments, despite the independence of these nations. Pre-independence all surveyors were male expatriates who had gained their qualifications in their home country and were represented by their national (home) body. Although training of Pacific Islanders took place before independence the qualifications obtained were only sufficient for registration purposes within their own country and they were not (and are still not) accepted for membership of international institutions. Only Fiji and Papua New Guinea has representative organisations for surveyors and the capacity to offer tertiary education in surveying disciplines. None of the courses offered are recognised for membership of international surveying institutions so many academically qualified surveyors, holding senior positions in government and private organisations, find it impossible to obtain the representation they need to participate in many of the current initiatives in the region. This paper reviews the present status of surveyor education in the region, considers the contribution that can be made by FIG and CASLE, and examines the current and future role of Australia and New Zealand in the education and representation of surveyors in the region. The forming a South Pacific Institute of Surveyors to represent all surveyors in the Pacific Island countries is proposed as a possible way forward.
Boydell, S. 2004, 'Alleviation of Poverty: the role of surveyors, land economists and related professions in the Pacific Island Countries', Alleviation of Poverty: the role of surveyors, land economists and related professions, Commonwealth Association of Surveyors and Land Economists (CASLE), Chelmsford, UK, pp. 1-15.
The United Nations Economic and Social Commission identifies cities in Asia and the Pacific as âcentres of both hope and despairâ, identifying them as engines of economic and social development whilst struggling as congested centres of poverty and environmental deterioration. To understand the progress being made in poverty alleviation it is necessary to investigate and analyse the multiple legal, political, social, environmental, economic, ecological and cultural influences that have the potential to cloud and derail progress. Drawing on examples from the Pacific, this essay investigates the challenges confronting poverty alleviation and sustainable development amidst a backdrop of vulnerability.
Boydell, S. & Small, G.R. 2003, 'The Emerging Need for Regional Property Solutions - A Pacific Perspective', PRRES website, Pacific Rim Real Estate Society, Web, pp. 1-16.
In his opening address at the FAO/USP/RICS Foundation South Pacific Land Tenure Conflict Symposium held in Fiji in April 2002, the Vice-Chancellor of the University of the South Pacific, Savenaca Siwatibau, said "They say that land, like financial and human capital, is a factor of production, which helps drive economic and social development, generate national income, wealth, jobs and government revenue, combat poverty, improve the standard of living of all and ultimately entrench social and political stability in any country. Land tenure, like culture and tradition, stands to evolve organically over time within a society. As in all things, changes and solutions have to be made and formulated. Solutions must beformulated from within and must reflect national, family and individual needs and aspirations and the changing global, regional, national economic, social and political dynamics that determine our destiny.
Boydell, S. & Shah, K. 2003, 'An Inquiry into the Nature of Land Ownership in Fiji', Digital Library of the Commons, International Association for the Study of Common Property (IASCP), Indiana, pp. 1-9.
Through a philosophical inquiry into the nature of communal land ownership, this paper questions the myth and embeddedness surrounding native title in Fiji. Can we identify an owner of native land? There are many who claim to be native landowners; indeed as members of the Vanua, they actually believe themselves to be landowners. There is sometimes a difference between belief and actuality. "The philosophical inquiry is grounded in legal precedent. Land tenure systems are manmade, but legal clarification is sometimes required to assist in determining rights. The three cases of Meli Kaliavu v NLTB, Timoci Bavandra v NLTB, and Naimisio Dikau v NLTB provide a valuable legal interpretation. "When the ordinary individual, who has been seduced by myth and the embeddedness of misunderstanding, comes to realise that they do not own anything other than a lifelong right of occupation and an obligation for prudent stewardship, there may be a revolution and a clarion call for modification of the land tenure system. This will only happen when the majority decide where they want to be placed between the extremes of traditional customary ways and Western materialism. This is both a societal and nation changing decision, and one that must not be taken lightly.
Levi, A. & Boydell, S. 2003, 'The Roles and Responsibilities of Absentee Land Owners in the Pacific: A Niue Case Study', Digital Library of the Commons, International Association for the Study of Common Property (IASCP), Indiana, pp. 1-18.
This paper investigates the conflict created by absentee land owners, who in many cases have become permanent residents in New Zealand, Australia, the US or Canada. From 1900 onwards, New Zealand administered the Pacific Islands of Niue, the Cooks and Tokelau. People within these islands were accorded the status of British nationality and New Zealand citizenship. As a result, many indigenous landowners migrated, in common with islanders from Samoa and Tuvalu. Such migrants retain certain land rights in their absentee capacity, which can be a major impediment to development. "Niue is the smallest self-governing microstate to have emerged from the United Nations promulgated decolonisation programme of the 1950s (current population 1460). It decided to become self-governing in free-assocation with New Zealand in 1974. Colonisation had brought the western approach to freehold title, but under the Niue Land Ordinance (1969) land ownership reverted to native title, on the basis that individualised freehold title was something foreign to Polynesian society. "In Niue, the acquisition of communal rights to land is through custom and traditional practice, largely handed down by birthright from generation to generation. One's obligation to ones family originates from the land its mana. However, indefinite periods of continuous absence as a member of the magafaoa without contributing to its welfare have caused difficulties to those remaining on the land. Using grounded data from a qualitative survey of five percent of the resident population, this paper addresses if silence and non-contribution is acceptable to satisfying traditional obligation.
Boydell, S. 2003, 'Sustainable Urban Development: Pacific Dream or Reality? [keynote address]', ICUDM 2003: Integrating resources for sustainable urban development and management, ICUDM/RICS, Johor Bahru, Malaysia, pp. 1-13.
The United Nations Economic and Social Commission identifies cities in Asia and the Pacific as âcentres of both hope and despairâ, identifying them as engines of economic and social development whilst struggling as congested centres of poverty and environmental deterioration. To understand the progress being made in sustainable urban development and management, it is necessary to investigate and analyse the multiple legal, political, social, environmental, economic, ecological, and cultural influences that have the potential to cloud and derail progress. The key to formulating effective policies is to first understand the existing realities and processes on the ground and then to determine ways and means of reducing the negative impacts of these processes and maximizing their positive impacts. Using the UN ESCAP template, this essay considers the reality of urban development in Suva, Fiji, through an investigation of the inadequacy of existing infrastructure, short-term goals, political uncertainty, customary land tenure, and societal confusion over aspirations for commercialism alongside traditional customary ways.
Hassan, A. & Boydell, S. 2003, 'Vertical Inequity in the Unimproved Capital Value System', PRRES 2003 Proceedings, Pacific Rim Real Estate Society, Brisbane, pp. 1-21.
Vertical assessment equity is a fundamental requirement of valuation for rating purposes. It can be defined as systematic differences in assessment levels for groups of properties. Inequity can either be regressive when high value properties are paying lower property rates, or progressive if the inverse occurs. This paper tests the hypothesis that there is an inequity in the present Local Government Rating System in Fiji. There is strong evidence that the present property rate system in Fiji contains both progressive and regressive inequities. The case study demonstrates that the principles advocated in the rating literature are largely supported and applicable to Fiji, demonstrating the weaknesses and vertical inequity of the current Unimproved Capital Value System.
Boydell, S. 2002, 'Modelling Land Tenure Conflict Transformation', FAO/USP/RICS Foundation South Pacific Land Tenure Conflict Symposium, Land Management and Development, University of the South Pacific, Suva, Fiji, pp. 1-14.
This paper provides a preliminary overview of the opportunities for modelling land tenure conflict as a tool for transformation. It outlines an analytical methodology for modelling land tenure conflict, grounded in conflict scenarios in Fiji. The conflict is analysed using a dual concern model and a stake & power âv- relationships model simulated over an eighteen-month time horizon, using both traditional graphic representation and analytical hierarchy tools. Stressing the adoption of analytical tools rather than over-reliance on historical rules to identify windows of opportunity for conflict transformation, initial analysis indicates that the aspirations of the parties are not as diverse as they may have believed.
Boydell, S. 2002, 'Modelling Land Tenure Conflict Transformation - a preliminary analysis', Proceedings of the Seventh Annual Conference of the Pacific Rim Real Estate Society, PRRES, Christchurch, New Zealand, pp. 1-13.
This paper provides a preliminary overview of the opportunities for modelling land tenure conflict as a tool for transformation. It outlines an analytical methodology for modelling land tenure conflict, grounded in conflict scenarios in Fiji. The conflict is analysed using a dual concern model and a stake & power âv- relationships model simulated over an eighteen-month time horizon, using both traditional graphic representation and analytical hierarchy tools. Stressing the adoption of analytical tools rather than over-reliance on historical rules to identify windows of opportunity for conflict transformation, initial analysis indicates that the aspirations of the parties are not as diverse as they may have believed.
Boydell, S. 2001, 'Philosophical Perceptions Of Pacific Property - Land As A Communal Asset In Fiji', Proceedings from the PRRES Conference 2001, Pacific Rim Real Estate Society, PRRES, pp. 1-9.
Fiji was supposed to be hosting the PRRES 2001 Conference. The events surrounding the putsch of May 19th, 2000 and the subsequent military coup have precluded Fiji as a venue for this yearâs conference. This paper explores the philosophy of land as an asset within the conflicting paradigms of communalism and capitalism that affect many developing nations in the Pacific region. Using Fiji as a case study, the nature of land ownership is investigated within a framework of influence from the traditional chiefly systems, religions, individual aspirations and external capitalist development impacts. The concept of communalism involves 83% of the land area of Fiji. Within a static non-evolving framework there are indications that hypothetically it could remain operational. However, reality brings different pressures and motivations to bear. Education and evolving individual aspirations can overtake tradition in this regard. Entwined with this evolution is a reaction to a supplanted western land tenure structure that adds to the conflict. Through an investigation of contrasting philosophies and contemporary conflicts between duty, obligation, tradition and capitalism this paper attempts to unravel the confusion, suggesting directions for development in this critical issue.
Boydell, S. & Small, G.R. 2001, 'Evolving a Pacific Property Theory', The Cutting Edge 2001, RICS, London, pp. 1-12.
At a time of positive global interest in land tenure issues, global solutions may not be an appropriate panacea for Pacific land tenure conflicts. This paper explores the contention that it may be globalisation itself, and aspirations of capitalism, that underlies the current conflicts in the Pacific. The Pacific differs from much of the developing world, in that 83 â 98% of the land has remained under the stewardship that is indigenous ownership. There is both a spiritual dimension and a physical dimension to the land. Dysfunction is a catalyst to change within Pacific society, but it is unclear for whose benefit âtraditionâ is promulgated. The most significant clash between society/tradition and capitalism is over the exploitation of natural resources. By questioning the mythâs surrounding property ownership, this paper allows a philosophical evolution of Pacific property theory by proposing future directions, including land issues pertaining to taxation, valuation, womenâs equality of access, education and research. It concludes by questioning if a customary approach to land ownership in the Pacific is so inappropriate to the demands of contemporary Pacific society.
Boydell, S. 2001, 'Appraising Regional Shopping Centres - Lessons from the Antipodes', First World Congress of the International Real Estate Society, Royal Institution of Chartered Surveyors, London, UK.
Boydell, S. 2001, 'Philosphical Perceptions of Pacific Property - Fiji, paradise lost or paradise found?', First World Congress of the International Real Estate Society (IRES), Royal Institution of Chartered Surveyors, London, UK, pp. 1-8.
Boydell, S. 2001, 'The Emperor's New Clothes - the truth about shopping centres', Property in the New Millenium, UQ/API, Brisbane, pp. 1-13.
Boydell, S. 2000, 'The abrogation of the constitution and the arrogation of land in Fiji', The Cutting Edge 2000, Royal Institution of Chartered Surveyors (RICS), London, pp. 1-13.
Boydell, S. & Reddy, W. 2000, 'Contemporary Land Tenure Issues in the Republic of Fiji', Proceedings of the Pacific Rim Real Estate Society Conference 2000, Pacific Rim Real Estate Society (PRRES), Sydney, pp. 1-11.
Boydell, S. 2000, 'Agricultural Landlord and Tenant Act (ALTA) âv- Native Land Trust Act (NLTA) & Land Issues'.
Boydell, S. 1999, 'Social Justice and the Land', Social Justice Review of the Constitution, CCRT, Suva, Fiji, pp. 1-5.
Boydell, S., Gronow, S. & Turner, N. 1998, 'A Nudist in the Camp? The Role of Qualitative Research in Investment Appraisal', Proceedings of the Pacific Rim Real Estate Society 1998 Conference, Pacific Rim Real Estate Society (PRRES), Perth, pp. 1-15.
Boydell, S. 1997, 'Rental Growth and Capital Appreciation in Regional Shopping Centres - the Impact of Depreciation and Refurbishment (presented as the Emperor's New Clothes)', Proceedings of the Pacific Rim Real Estate Society 1997 Conference, Pacific Rim Real Estate Society (PRRES), Palmerston North, New Zealand, pp. 1-15.
Boydell, S., Titmus, D. & Elliott, P. 1996, 'Vacancy Rates in the Brisbane CBD', Proceedings of the Pacific Rim Real Estate Society 1996 Conference, Pacific Rim Real Estate Society (PRRES), Sanctuary Cove, Gold Coast, pp. 1-12.
Boydell, S. 1996, 'Rising to the Challenge of Valuing with Uncertainty: Introduction & Overview', Rising to the Challenge of Valuing with Uncertainty - Proceedings of the Gatton Annual Property Conference 1996, Property Studies, University of Queensland, Gatton, Queensland.
Boydell, S. 1995, 'Investment appraisal of enclosed shopping centres - the life cycle problem', Proceedings of Pacific Asia Property Research Conference, National University of Singapore & Royal Institution of Chartered Surveyors, Singapore, pp. 1-12.
Boydell, S. 1995, 'Shopping Centres - their role in strategic property portfolio management', Proceedings of International Congress on Real Estate, American Real Estate and Urban Economics Association (AREUEA), Singapore, pp. 1-15.
Boydell, S. & Shortt, G. 1993, 'Robbers, Rejects or Revisionists? Will the real entrepreneur please stand up.', Australian Small Business Conference 1993, SEAANZ, Armidale.
This paper examines the potential for property rights in carbon to affect industrial ecology opportunities. Given that emissions trading schemes for greenhouse gases are becoming more widely implemented, the definition of the carbon property right can affect barriers and opportunities for industrial ecology, alongside other factors. The paper uses legislation for emissions trading in Australia and two possible scenarios for the future of energy generation in the Latrobe Valley, Australia in 2050 as an illustrative case study to identify issues for industrial ecology arising from ill-defined carbon property rights. Currently, electricity generation in the region is reliant on coal-based generators. Scenario one focuses on bio-industries and renewables with no coal usage; and scenario two focuses on electricity from coal with carbon capture and storage resulting in moderate to high coal use. If a carbon property right for soil carbon emerges before a property right for subterranean carbon, then bio-based industrial ecology opportunities could be enabled ahead of a regional symbiosis involving carbon capture and storage. A generalised framework for considering the intersection of industrial ecology and carbon property rights is presented with a focus on tensions in: contributing to sustainable development, system boundaries and finally exchange mechanisms. © 2014 Elsevier Ltd. All rights reserved.
Hubbard, P., Boydell, S., Crofts, P., Prior, J. & Searle, G. 2013, 'Noxious neighbours? Interrogating the impacts of sex premises in residential areas', ENVIRONMENT AND PLANNING A, vol. 45, no. 1, pp. 126-141.
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Pasian, B., Sankaran, S. & Boydell, S. 2012, 'Project management maturity: a critical analysis of existing and emergent factors', International Journal of Managing Projects in Business, vol. 5, no. 1, pp. 146-157.
Purpose: The purpose of this paper is to report on the findings of a doctoral thesis examining the limitations of project management maturity and associated models. It examines the management of undefined projects where the definition, repeatability and predictability of processes cannot be reasonably expected. The challenge to project management maturity theorists is to recognize the possibility of project management maturity in an environment characterized by undefined project elements and the requirement for greater flexibility in their management. Design/methodology/approach: This inquiry was supported by a multimethod (MXM) research design with two stages: a content/textual analysis of two different collections of maturity models, and an exploratory case study of two university sites. The analysis (supported by grounded theory techniques) contributed to the development of a 4-node conceptual framework that was used as the primary data collection instrument at two Canadian university sites. Findings: Results indicate that multiple non-process factors can contribute to a mature project management capability. These can include context-specific values, specialized bodies of knowledge (instructional design), customer involvement, third-party influence, and tacit - human factors - such as trust and creativity. The demands of this inquiry also demonstrated the need for a new data collection sequence in multimethod research design theory. Practical implications: Practitioners are encouraged to consider customer involvement, organizational dynamics and adaptable variables such as leadership (among other non-process factors) in their assessment of the maturity of their project management capability, and designers of future models could explore a multi-dimensional approach that includes context-specific factors to assessing and defining project management maturity. Originality/value: This research expands the conceptual view and practical assessment of project mana...
Prior, J.H., Boydell, S. & Hubbard, P. 2012, 'Nocturnal rights to the city: Property, propriety and sex premises in Inner Sydney', Urban Studies, vol. 49, no. 8, pp. 1837-1852.
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Questions of property rights are central to the organisation of urban space yet remain weakly theorised in the context of sexuality. Tracing battles over spaces of commercial sex in inner Sydney, this paper argues that particular claims to privacy and property underpin exclusionary actions restricting the boundaries of sexual citizenship. However, the paper also notes the potential for the emergence of `sexual commons where claims to an enhanced notion of sexual citizenship can be made. The paper concludes that property rights consist of overlapping and complex claims to space in which questions of sexuality and the sanctity of family life are often brought to the fore. In arguing this, the paper demonstrates that property rights constitute a key mechanism in the management and regulation of the (nocturnal) city.
Boydell, S. & Arvanitakis, J. 2012, 'Five Questions on the Republic', Altitude: A Journal of Emerging Humanities Work, vol. 10, no. 1, pp. 1-22.
This paper explores the meaning of a Republic from an Australian perspective. We look beyond populist discussions of the head of state, flag and anthem sparked by the recent visit of Prince William. Taking an allegorical approach, we interrogate questions about land, property, ownership, value, and property rights. We argue that the removal of the Crown both undermines the foundations of property rights and presents a unique opportunity to reflect on our land tenure institutions. To do this, we explore the relationship between Crown, country, and the role of Aboriginal interests with aim of providing a catalyst for a new discourse.
McDermott, M.D. & Boydell, S. 2011, 'Complexity Epistemology, Complexity Axiology, and Real Property Rights', Integral Leadership Review, vol. June 2011, no. June 2011, pp. 1-10.
An intellectual foment has been under way for the last few decades, with the limitations of modernist scientism and similarly mechanistic philosophies being revealed as fraudulent insofar as they make claims to any magisterial authorityin particular, over life and social sciences. The ground is shifting beneath our conceptual feet, and with it notions of our rights over the ground itself. Central to the emerging paradigm is the co-evolutionary emergence of complexity epistemology (the study of emergent levels of knowing) and complexity axiology (the study of emergent levels of valuing), and pivotal to these are the concepts of self and identity creation (which is the literal meaning of `autopoiesis, and the understanding we are using in this paper). We are referring to autopoiesis at all relevant scales, and in particular at both individual and social scales. Ecological niches are both found and created by that autopoietic process, and are grounded in the forms of rights over real property that a particular society evolves to satisfy its needs at a given moment in time. They are often co-dependently internalised into the identities of members of that society in mutual interest social contracts: `this land belongs to me; this land is a part of me.
Boydell, S. & Arvanitakis, J. 2011, 'Is Crown Land Indigenous Land?', New Matilda, vol. 2011, no. 24 March 2011, pp. 1-1.
Is Crown Land Indigenous Land? What happens to Crown land if we ditch the monarchy? Prince William's visit provides a good opportunity to rethink republicanism in the context of reconciliation, write Spike Boydell and James Arvanitakis
Boydell, S. & Arvanitakis, J. 2011, 'Cash Before Custom', New Matilda, vol. 2011, no. 1 August 2011, pp. 1-1.
Cash Before Custom An application for an injunction to stop mining waste disposal in PNG was refused last week, leaving questions about the stewardship of natural resources unanswered, write Spike Boydell and James Arvanitakis
Arvanitakis, J. & Boydell, S. 2011, 'Mineral Rights For PNG Landowners', New Matilda, vol. 2011, no. 25 August 2011, pp. 1-1.
Mineral Rights For PNG Landowners The new PNG government has announced big changes to the way negotiations with resources companies will take place - and it's customary landowners who look set to benefit.
Boydell, S. 2010, 'South Pacific Land: An alternative perspective on tenure traditions, business, and conflict', Georgetown Journal of International Affairs, vol. XI, no. 1, pp. 17-25.
Arvanitakis, J. & Boydell, S. 2010, 'The Miner and the Activist: a parable for our carbon constrained world', Journal of Political Ecology: Case Studies in History and Society, vol. 17 (2010), pp. 59-67.
This paper reviews the meaning of carbon by applying five broad questions to this controversial substance: what is land; what is property; what is ownership; what is value; and what are property rights? By exploring each of these questions, we aim to show that a multidimensional and complex understanding is required for effective policy discussions to confront the challenge of global warming. We engage the perspective of a miner and an environmental activist to illustrate the tensions relating to carbon pollution in an era of climate change, and in so doing we offer a parable for our carbon constrained world. We conclude by considering the implications of property rights for carbon for polluters, governments, people as individuals with a right to breathe clean air, as well as the global commons and other species.
Arvanitakis, J. & Boydell, S. 2010, 'How Intellectual Property Is Making Us Dumb', New Matilda, vol. -, no. 03/05/2010, pp. 1-1.
Patents don't always encourage research and innovation, write Spike Boydell and James Arvanitakis. Especially when they are applied to parts of the human body.
This commentary offers a background to the carbon challenge, carbon offsets, and emissions trading from an Australian perspective. It sets the scene for a more detailed discussion about carbon sequestration rights, which are defined explicitly by some Australian states and territories but not by others. We highlight that the term carbon sequestration right is poorly defined and relies, inappropriately we suggest, on the borrowed term profit à prendre. This terminology is at odds with the notion of a carbon property right, which has yet to be conceptualized fully by the marketplace and the existing legal framework, given the need to fully engage the sociological and ecological dimensions of carbon and climate change. We find that current policy intent, together with evolving public will and corporate responsibility, is ahead of the science and the legal framework for managing property rights in carbon (used broadly to represent the six greenhouse gasses). The Australian Property Institute has taken the lead in its 2007 policy paper Conceiving Property Rights in Carbon and more recently in Sheehan and Kanas's investigation of "Property Rights in Soil." This article takes the discussion to the next stage by offering a framework for property rights in carbon and asking whether such rights should be vested in the state or the nation, rather than merely creating a commodity that can be efficiently allocated and thus speculated upon.
Murti, R. & Boydell, S. 2008, 'Land, conflict and community forestry in Fiji', Management of Environmental Quality: An International Journal, vol. 19, no. 1, pp. 6-19.
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Purpose: The purpose of this paper is to provide background information on the land tenure and conflict issues surrounding sustainable forestry management initiatives on customary land in Fiji. Design/methodology/approach: An investigation of literature on land tenure, forestry and related conflict is augmented by two short case studies of sustainable forest management initiatives and the challenges in their execution attributable to customary land issues. Findings Conflicts occur within resource owning communities, between communities and external parties and among external parties. Often conflicts are based on confusion over property rights related issues. Conflicts stemming from differing views on ownership, tenure and property rights within forest management in Fiji, have led to delayed implementation of critical environmental management plans, loss of economic benefits and disintegration within landowning (mataqali ) units. Research limitations/implications: The paper highlights the importance of actively addressing conflicts in community based natural resource management initiatives in order for Fiji to reap the full benefits of community forestry. Practical implications: The paper provides a useful general review for both researchers and forestry practitioners. Originality/value: By providing a general overview of sustainable forest management in Fiji, the paper provides essential background for the subsequent testing of conflict management tools and conflict transformation strategies within a customary context.
Boydell, S. 2008, 'Finding Hybrid Solutions to the Financial Management of Customary Land from a Pacific Perspective', Australian Journal of Indigenous Education, vol. 33, pp. 56-64.
Boydell, S. 2007, 'Disillusion, dilemma and direction: the role of the university in property research', Pacific Rim Property Research Journal, vol. 13, no. 2, pp. 146-161.
At a time when academics in the vocational built environment disciplines find themselves in an employment environment with an increasing emphasis on research output and impact, there is conflicting push for ?reality? from the industry that our graduates will serve. There is resultant disillusionment from both academe and industry. Add to this the expectation from our accreditation bodies that lecturing staff, including part-time faculty with extensive industry expertise, must have a strong research profile and the dilemma is compounded. This keynote address presented at the 13th PRRES conference in Fremantle over 21 ? 24 January 2007 will challenge industry, academe, and our professional institutions to come together and find consensus on how we best balance the multiple expectations on our university faculties to serve society in the built environment arena.
Boydell, S. 2007, 'Property Research - the University Challenge', Australian and New Zealand Property Journal, vol. 1, no. 2, pp. 130-135.
Boydell, S. 2004, 'Sustainable Urban Development: Pacific Dreams or Reality? A Fiji Case Study', Fijian Studies: Journal of Contemporary Fiji, vol. 2, no. 1, pp. 33-50.
Boydell, S. & Holzknecht, H.A. 2003, 'Land - Caught in the conflict between custom and Commercialism', Land Use Policy, vol. 20, no. 3, pp. 203-207.
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Conflicts in Pacific societies around land issues remain a constant theme at a time when Pacific island nations are still trying to have their place in the world recognized and with a conflict between westernization and tradition, credit, power and self-interest. Is land the cause of the conflict, or an innocent victim? Where do people in Pacific countries want to be located between traditional customary ways on one hand, or western materialism on the other? Such questions need exploring in a search for consensus. The insularity of society amidst the independent and self-governing Pacific countries gives rise to the belief that land holds a special place in the Pacific ([Ravuvu (1983). Ravuvu, A., 1983. Vaka i Taukei: The Fijian Way of Life. Institute of Pacific Studies, University of the South Pacific, Suva.Ravuvu (1983]). Land is regarded as equivalent to culture and life. The reality is, however, that land holds a special place in all societies, whether they are westernized or less `developed. What does vary is the nature and evolution of land tenure systems. What sets the island nations of the South Pacific apart from many other countries is that such a large portion of the land (83100%) remains in customary ownership based on different criteria to those operating in the west ( [Paterson (2001]; [Hann (1998]).
Boydell, S. 2002, 'Helping United Nations with South Pacific Island Tenure Issues', Asutralian Property Journal, vol. 37, pp. 298-298.
Boydell, S. 2001, 'Problems in Paradise: an update on Fiji', Asutralian Property Journal, vol. 36, pp. 729-730.
Boydell, S. 2000, 'Coups, Constitutions, and Confusion in Fiji', Land Tenure Center Newsletter, vol. 80, no. Fall, pp. 1-10.
Boydell, S. 2000, 'Fijian Life: Excerpts from the Diary of Spike Boydell', Pacific Vision, vol. 13, no. 3, pp. 13-15.
Boydell, S. & Gronow, S. 1997, 'The Australian Institute of Valuers and and Economists discounted cash flow practice standard', Journal of Property Valuation and Investment, vol. 15, no. 1, pp. 58-69.
Boydell, S. 1990, 'A crÃ¨che course for developers', Shop Property, vol. October, no. October, pp. 10-11.