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Article
Squatters, Pirates, and Entrepreneurs: Is Informality the Solution to the Urban Housing Crisis?
University of Miami Inter-American Law Review (2009)
  • Carmen G Gonzalez, Seattle University
Abstract
Giving the poor legal title to the lands they occupy extra-legally (informally) has been widely promoted by the World Bank and by best-selling author Hernando de Soto as a means of addressing both poverty and the scarcity of affordable housing in the urban centers of the global South. Using Bogotá, Colombia, as a case study, this article interrogates de Soto’s claims about the causes of informality and the benefits of formal title. The article concludes that de Soto’s analysis is problematic in three distinct respects. First, de Soto exaggerates the benefits of formal title and fails to consider its risks. Second, de Soto constructs informality as a uniquely Third World phenomenon, and neglects to address the growth of poverty, inequality, and informality in both the global North and the global South as a consequence of deregulation, privatization, and other neoliberal economic reforms that de Soto advocates. Third, de Soto’s attribution of informality to the failure of law in the global South reinforces the narrative of Latin American inferiority, thereby justifying the imposition of disadvantageous market-oriented legal reforms on Latin American nations and discrediting Latin America legal innovations that might better alleviate poverty and address the shortage of affordable housing.Contrary to de Soto’s policy prescriptions, the benefits of formality and informality must be evaluated on a case by case basis. De Soto’s ideas are dangerous to the extent that they persuade policy-makers that the “free market” will solve the problem or poverty and housing scarcity if the urban poor are simply given legal title to the lands they currently occupy informally.
Keywords
  • informality,
  • housing,
  • land use,
  • World Bank,
  • property law,
  • neoliberalism,
  • privatization,
  • deregulation,
  • informal sector,
  • squatters,
  • economic and social rights,
  • human rights,
  • law and development
Disciplines
Publication Date
2009
Citation Information
Carmen G Gonzalez. "Squatters, Pirates, and Entrepreneurs: Is Informality the Solution to the Urban Housing Crisis?" University of Miami Inter-American Law Review Vol. 40 Iss. 2 (2009)
Available at: http://works.bepress.com/carmen_gonzalez/9/