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date: 06 July 2022

Abstract and Keywords

Transnational property law offers an account of common law property doctrines as they emerged through transnational encounters between people and legal regimes. It places property at the intersection of global economic governance, international political economy, and law by offering both a historical account of property regimes and a methodological argument for understanding property in context. It proposes that common law property regimes around land should be understood not just as compartmentalized into domestic jurisdictional realms, but rather as spaces in which different concepts, claims, and contestations of property—local, national, and transnational—are constantly in conflict with each other. Instead of tracing the development of common law property thought as a linear trajectory without regard to concrete historical and geographical circumstances, it suggests looking for answers instead by taking a closer look at the new settings in which property law regimes are grounded today through interdisciplinary methods of analysis.

Keywords: property, legal pluralism, postcolonial theory, conquest, colonialism, development, investor protection, financialization, real estate investment, urbanization

Priya S. Gupta

Priya S. Gupta is a Professor of Law at Southwestern Law School, where she teaches Property, Public International Law, Law and Development, and Race and the Law. Prior to joining Southwestern, she was Assistant Professor and (founding) Co-Director of the Centre for Women, Law, and Social Change at the Jindal Global Law School in Delhi NCR, India. Her research is in property law and theory, economic development, and local government from critical race and postcolonial perspectives. Her recent scholarly work engages with comparative and transnational urban property regimes against the background of the economic transformation from industrial to finance capitalism.

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