Professor Daniel Fitzpatrick

Professor
BA LLB (Syd) LLM (Syd) PhD (ANU)
+61 2 6125 8300
Room 275

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Biography

Professor Fitzpatrick writes on property rights in a development context. In 2007 he won the Hart Article Prize from the UK Socio-Legal Association for an article entitled: Evolution and Chaos in Property Rights Systems: The Third World Tragedy of Contested Access. He has published in the Yale Law Journal, Law and Society Review, the Yale Journal of International Law, and Law and Social Inquiry. He has been a Global Visiting Professor at New York University School of Law (2011), a Visiting Professor at the National University of Singapore (2006-09); a Visiting Professor at the University of Muenster (2002); and a Distinguished Visitor at the University of Toronto (2007). In Fall Semester 2014, he returned to New York University Law School as a Global Senior Visiting Research Fellow. In 2016, he completed a 4-year Australian Research Council Future Fellowship [The Resilience of Property: Inundation, Displacement and Local Relocation in the Asia-Pacific].

Professor Fitzpatrick has extensive experience in the public policy of property rights and development. He was the UN's land rights adviser in post-conflict East Timor (2000) and post-tsunami Aceh (2005-6). He is the primary author of the UN's Land and Disasters: Guidance for Practitioners (2010). He has undertaken professional consultancies on law and development with the World Bank; AusAID; the Asian Development Bank; Oxfam International; the OECD; UNDP and UN-Habitat. His work with AusAID includes co-authoring the 2008 Making Land Work report for its Pacific Land Program. In 2014 he provided a policy brief to Oxfam International on land issues after SuperTyphoon Haiyan in the Philippines. In 2016, he co-authored a policy brief for Oxfam International land issues after the Nepal earthquake. In 2011 he established the Masters in Law, Governance and Development at the Australian National University.

Appointments

• Visiting Professor; University of Muenster (2002)
• Visiting Professor; National University of Singapore (2006-9)
• Distinguished Visitor; University of Toronto (2007)
• Global Visiting Professor at New York University School of Law (2011)
• Global Senior Visiting Research Fellow at New York University School of Law (2014)

Significant research publications

  • Evolution and Chaos in Property Systems: the Third World Tragedy of Contested Access; Yale Law Journal (Vol. 115; pp. 996-1048 March 2006)
  • Fragmented Property Systems, University of Pennsylvania Journal of International Law (Forthcoming in Volume 38 of the University of Pennsylvania Journal of International Law) (24,333 words).
  • Rules of Possession Revisited: Property and the Problem of Social Order, Law and Social Inquiry, Vol. 39 (2014): pp. 127–151
  • The Relative Resilience of Property: First Possession and Order Without Law in East Timor; Law & Society Review; Volume 44; Number 2 (2010); pp. 205-238)
  • Bright-Line Fever: Simple Legal Rules and Complex Property Customs among the Fatuluku of East Timor; Law & Society Review; Volume 47, Number 2 (2013), pp. 311-343.
  • Disputes and Pluralism in Modern Indonesian Land Law; (Vol. 22: 1 Winter 1997) Yale Journal of International Law; pp. 171-212

Recent news

08
May
2015

Professor Daniel Fitzpatrick argues that the adaptive characteristics of customary land systems deserve greater recognition in disaster or climate change policy frameworks.

17
Jun
2013

In May, ANU College of Law Professor Daniel Fitzpatrick was an invited expert at the Nansen Initiative Pacific Consultation on Cross-Border Displacement from Natural Disasters and Climate Change.

03
Dec
2012

Congratulations to College of Law academics Daniel Fitzpatrick and Rebecca Monson, who received an Australian Research Council (ARC)

07
Nov
2012
ANU College of Law

Four ANU College of Law projects were awarded funding for The Australian Research Council (ARC) Discovery Projects commencing in 2013.

Please note, only a small selection of recent publications and activities are listed below.

Research biography

Dr Daniel Fitzpatrick writes on property rights in a development context. In 2007 Daniel won the Hart Article Prize from the UK Socio-Legal Association for an article on Third World land conflicts. He has been published in a number of leading US law journals, including the Yale Law Journal and Law and Society Review. Daniel’s primary academic audience is property law theorists in the US and Europe. Daniel has been a Global Visiting Professor at New York University School of Law (2011), a Visiting Professor at the National University of Singapore (2008-09); a Visiting Professor at the University of Muenster (2002); and a Distinguished Visitor at the University of Toronto (2007).

His research has influenced public policy: for example his work on the 2004 Indian Ocean tsunami disaster led the United Nations to commission him to prepare guidelines for its agencies on addressing land issues after natural disasters. His Australian Research Council-funded research on Timor Leste led the World Bank to commission him to prepare drafting instructions for a law on community land at the request of the Minister of Justice. Daniel has also undertaken professional consultancies on law and development with AusAID, the Asian Development Bank, Oxfam International, the OECD, UNDP and UN-HABITAT.

Currently supervising

Current courses

Year Course code Course name
2017 LAWS4287
Class #1860
Comparative Land Law in Asia

Philosophy & approach

How my works connects with public policy

Fitzpatrick was the UN's land rights adviser in post-conflict East Timor (2000) and post-tsunami Aceh (2005-6). He is the primary author of the UN's Land and Disasters: Guidance for Practitioners (2010). He has undertaken professional consultancies on law and development with the World Bank; AusAID; the Asian Development Bank; Oxfam International; the OECD; UNDP and UN-Habitat. His work with AusAID includes co-authoring the 2008 Making Land Work report for its Pacific Land Program.

Professional public policy work

2010

  • Land Policy Adviser for the World Bank Justice for the Poor Program in Timor Leste (3-month consultancy: preparation of options paper for a new law on customary land for the Ministry of Justice, Timor Leste. Based on research funded by Australian Research Council Discovery Project DP0556531 on customary land in Timor Leste).

2009

  • Team Leader for the AusAID Pacific Land Program Regional Design Mission (3 month consultancy: regional component of the Australian Government's $54 million Pacific Land Program).

2008-09

  • Primary Author of United Nations Guidelines on Addressing Land Issues after Natural Disaster (18-month consultancy for UN-HABITAT including preparation of the main draft, assistance with a series of case-study inputs, and primary authorship of the Indonesian tsunami case-study).

2008

  • Land Adviser for the United Nations Economic and Social Commission in the Asia-Pacific (UN ESCAP) on cyclone-affected Myanmar (2 weeks' consultancy: advocacy and policy development on access to land for renters and agricultural tenants displaced by Cyclone Nargis in Myanmar).

2007-08

  • Expert Contributor to AusAID Pacific Land Program (co-author of foundational volume: Making Land Work: Reconciling Customary Land and Development in the Pacific; author of case-study: Mediating Land Disputes in East Timor; author of scoping note for the Timor Leste land program).

2007

  • Land Researcher and Advocacy Officer for Oxfam in tsunami-affected Indonesia (funded by a US$60,000 grant from Oxfam to undertake field research on post-tsunami land issues).

2005-08

  • Land Adviser for the United Nations Development Program (UNDP) in tsunami-affected Indonesia (Undertaken during the period of fractional appointment and leave without pay at ANU between 2006 and 2009: see above).

2005

  • Member of AusAID Tender Assessment Panel (AusAID project on community land mapping and local governance project in tsunami- affected Indonesia).

2004

  • Invited Expert: International Peace Academy Workshop New York (Land, Property and Conflict Management: Identifying Policy Options for Rule of Law Programming).

2003

  • Expert Contributor to USAID Timor Leste Land Program (author of policy report: Comparative Property Restitution Examples for East Timor (Policy Report).
  • Invited Expert: OECD/USAID Paris (Experts' Meeting on Land, Conflict and Development).

2000

  • Civil Affairs Officer United Nations Transitional Administration in East Timor (P-3A) (Jan - April) (Land and Property Unit).
  • Land Policy Adviser: Asian Development Bank (Author of Policy Brief on Re-establishing Land Administration in East Timor: translated into Portuguese and Indonesian).

1999

  • Judicial Training: United Nations Peace-Keeping Operations (Training Seminars on land law for East Timorese lawyers and judges).
  • Expert Contributor: AusAID (Fieldwork in Papua New Guinea for policy volume on customary land, resource development and compensation conflicts).
  • Project Reviewer: AusAID (Review of Project Design Documents for Stage 2 of the Indonesia Land Administration Project).
  • Training Seminars: AusAID (Development Assistance programs to strengthen civil society. Preparation of AusAID manual on designing, implementing and evaluating civil society assistance programs).

1994

  • Project Leader: Department of Education Training and Youth Affairs, Commonwealth Government of Australia (Judicial Training Seminars on business bankruptcy law presented to judges of Vietnam's new Commercial Court in Hanoi and Ho Chi Minh City. Recipient of Inaugural Asia Fellowship Medal). 
01
Mar
2016
Author(s): Daniel Fitzpatrick

This article considers fragmented property systems – the phenomenon of contested, separated or overlapping sub-systems within a national property jurisdiction. One example is circumstances of property despite law. Globally, as many as a billion people claim de facto property without recognition by law in urban informal settlements and agro-pastoral or forested areas. Another example is property without transition to law. Many households in the developing world regulate land markets through local mechanisms notwithstanding opportunities or requirements to use law.

The article provides a conceptual frame for the emergence of property system fragmentation based on the private coordination of property relations. The article argues that fragmentation emerges in complex property systems where law attempts to displace property coordination mechanisms, but fails to induce a critical mass of property participants to alter coordination strategies. A focus on coordination provides a means to combine the methodological individualism of economic narratives with collective variables highlighted by other perspectives on property such as anthropology and complex systems theory.

Centre: CCL
Research theme: Private Law

Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team