Tuesday, May 15, 2007

Allodial Possession

Allodial Possession: This may be the tenure expression to the right to inhabit and develop a land; which would include the factor of respect of this right from the regional community (see allodium)

When an individual - as a member of an historical series of nation states that possess archeoligical evidence dating back more than ten centuries - seeks to express to others not of his nation group, how he inhabits and enjoys the fruits of his {his and hers are interchangeable in this document} land there is an obvious absence of evidence in international law of the wherewithal to express clearly the landmark legacies that prevail today in the Americas.

The contemporary Western European sense of real esate ownership is prejudiced by the legacy of the Papal Bulls and associated edicts from the membership states that predicated a royal thrust to the ownership of real estate; and, forecast a military capacity to enforce these Vatican state claims.

Therefore, again, we may pursue the expression of "allodial" as a manner of finding some root to the nature of indigenous possession (native title) - one which may not be denied, or, absconded by warfare.

"eminent domain" is another expression by the state in its armour of legal pronouncements and property law.

Consider this: When you are born and claimed by the state as an inhabitant; you are issued a series of identification numbers. But, you are not issued a recognition to occupy and develop for your own personal use a piece of land.

The question becomes, how does the state of your domain - I.E., Canada or the United States - create a possession and disposition authority over the claimed territory of that nation ? And, therein, how does this claim by an original foreign source gain precedence over the orginal claim of possession by the indigenous peoples of these lands ?

This question is relevant any place in the world where land possession has been affected by variance caused by warfare or occupation over the last several centuries. And, it causes some considerable ill ease within the ranks of those who claim dominon over these lands.

Hierarchical real estate domain is a traditional force in global real estate politics. And, today, the original peoples of various lands; armed with an ever-growing education and capacity to represent their claims to real estate; are causing international law a few wrinkles.

The economics swasion of the 400+million indigenous peoples around the world are coming forward to seek answers to questions that directly relate to their capacity to provide for their families. And, these quests for answers are relevant to the entire global community; as economic, theological and military corporate bodies are very busy seeking to consolidate real estate authority.

Natural resources are on the demise. The human population will exhaust most commercial natural resources within less than the next two centuries. And, consequently, some segments of our population will depart Earth for more fruitful environments.

And, that lone indigenous person who is asking the relevant question today : "I stand here - do you object?": will still be left dwelling in the dust in search of an acceptable response.

The creation and / or election of most statehoods serves the purpose of the "good of the whole". But, it is possible only through the original establishment of debt. And, therein, the state claims possession of the real estate in its claimed domain in order to manage the debtload.

Again, in the matter of allodium, an historical common reference may be seen as the Odelsrett; where family possession of land must be demonstrated to have existed continuously for several generations.

On May 18th, 2007, the United Nations has expressed concerns about the native title issues : "Increasingly cut off from lands, resources and traditions vital to their well-being and survival, tribal and native peoples in all regions of the world now faced marginalization, poverty, disease, violence –- and, in some instances, extinction as a people –- at the hands of indifferent Governments and profit-hungry corporations, the top United Nations expert on indigenous rights warned today. One of the new trends that has been reinforced in recent years is […]the continuous loss of indigenous lands and territories, including their loss of control over natural resources […]intensified as a result of economic globalization, especially with increased exploitation of [energy and water] resources,” said Rodolfo Stavenhagen, Special Rapporteur of the Geneva-based Human Rights Council on the situation of human rights and fundamental freedoms of indigenous peoples, in his annual address to the Permanent Forum on Indigenous issues."