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Illegal geographies of the state: the legalisation of a “squatter” settlement in Bishkek, Kyrgyzstan

Craig Hatcher (Department of Geography, University of Zurich, Zurich, Switzerland.)

International Journal of Law in the Built Environment

ISSN: 1756-1450

Article publication date: 13 April 2015

399

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.

Keywords

Acknowledgements

The author wishes to thank Rony Emmenegger and Susan Thieme as well as the three anonymous reviewers. The author is also particularly grateful for the critical feedback received from the editors of this special issue, Luke Bennett and Antonia Layard. Additionally, the author thanks Ainura Asamidinova, Jazgul Kochkorova, Mavluda Kodirova, Emil Nasritdinov and Nazira Zholdoshbekova for all their kind help and assistance in Kyrgyzstan. The research for this publication was conducted within the framework of the Swiss National Centre of Competence in Research (NCCR) North-South.

Citation

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, Vol. 7 No. 1, pp. 39-54. https://doi.org/10.1108/IJLBE-01-2014-0004

Publisher

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Emerald Group Publishing Limited

Copyright © 2015, Emerald Group Publishing Limited

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