Illegal geographies of the state: The legalisation of a "squatter" settlement in Bishkek, Kyrgyzstan

Hatcher, C (2015) Illegal geographies of the state: The legalisation of a "squatter" settlement in Bishkek, Kyrgyzstan. International Journal of Law in the Built Environment, 7(1), pp. 39-54. ISSN 1756-1450

Abstract

Purpose – This paper aims to problematise the relation between “legality” and the state, through a case study analysis of law at work within the built environment. In doing so, the paper argues that studies on law and geography should consider the broader processes of state “law making” to understand the production of illegal space. Design/methodology/approach – The liminal boundary of illegal/legal and its relation with the state is developed through a case study on the legalisation process of a “squatter” settlement located on the outskirts of Bishkek, the capital of Kyrgyzstan. The paper draws on primary qualitative research (semi-structured interviews) and legal analysis undertaken in Kyrgyzstan at various times over seven months between 2011 and 2013. Findings – Examining law as static and pre-existing is problematic in developing an understanding of the production of illegal and legal spaces within the built environment. An emphasis on law-making and the process of legalisation draws attention to the different groups, practices and policies involved and reframes the relation between the state and legality. Originality/value – Using a case study anchoring the analysis within law’s constitutive and contested presence within the built environment, the paper addresses a theoretical and empirical panacea in legal geography by unpacking the “legal” with reference to its plurality internally within the state. Moreover, studies on law and geography have tended to focus on European or North American contexts, whereas this paper draws on data from Central Asia.

Item Type: Article
Uncontrolled Keywords: state; legal geography; illegality; Kyrgyzstan; law and space; squatter settlement
Index terms: squatter settlement, built environment, presence, legal geography, case study, qualitative research, methodology, Asia, illegality, interview, legal analysis, legalization, Kyrgyzstan
Subjects: research methods, Geography, financial risk, urban design, infrastructure and transport systems, data collection methods, research design and methodology, environmental science, legal systems, regions and continents
Topics: Geographical Context, Research Practice, Cost Management, Sustainability, Legal Issues, Urban Studies
Descriptive scope: 4 PCTE

N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here