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21. Strengthening Traditional Approaches to Community-Level Land Disputes

Author:
Noel Kansiime and Geoffrey Harris
Publication Date:
06-2020
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Since the discovery of oil in Bunyoro sub-region, land-related conflicts have grown rapidly. Traditional conflict resolution capacities, which were already in a state of disrepair, have been side-lined and the court system has been overwhelmed. Given this context, the objective of this research was to enhance the capacity of local peacebuilders to help resolve land conflicts in their communities. The research was based on an action research approach which involved three phases – exploring the issue, planning and implementing an intervention and evaluating the short-term outcomes. In the exploration phase, data was collected using focus group discussions with community members and in-depth interviews with key informants. In the intervention phase, an action team was formed to help resolve land- related conflicts in their communities, using traditional conflict resolution approaches. The short-term outcomes show that local peacebuilding capacities were enhanced and that many land-related conflicts were resolved using traditional conflict resolution approaches.
Topic:
Oil, Natural Resources, Conflict, Land, and Community
Political Geography:
Uganda and Africa

22. Urban Land Use Fragmentation and Human Wellbeing

Author:
Christine Bertram, Jan Goebel, Christian Krekel, and Katrin Rehdanz
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
Kiel Institute for the World Economy (IfW)
Abstract:
We study how urban land use fragmentation affects the subjective wellbeing of city residents. Therefore, we calculate fragmentation metrics based on the European Urban Atlas for 15,000 households in the German Socio-Economic Panel. Using random and fixed effects specifications, we find that fragmentation has little impact on wellbeing when aggregating over all land use types. Looking at particular land use types, however, we find that wellbeing is positively affected by lower average degrees of soil sealing, larger shares of vegetation, and a more heterogeneous configuration of medium and low density urban fabric, especially in areas with above average population density.
Topic:
Agriculture, Health, Natural Resources, Urban, Land, and Farming
Political Geography:
Europe and Germany

23. The LFDD – Human Mobility Nexus in Africa, Latin America and the Caribbean: A Review of National Policy and Legal Frameworks

Author:
Diogo Andreola Serraglio
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
German Institute of Development and Sustainability (IDOS)
Abstract:
Addressing human mobility in the context of land and forest degradation and desertification (LFDD) in global and national policy and legal frameworks remains essential for improved management of population movements related to slow onset processes.
Topic:
Environment, Population, Mobility, Land, and Forest
Political Geography:
Africa, Latin America, and Caribbean

24. Faecal Sludge Treatment Facilities – Land and Environmental Clearances Research

Author:
Anju Dwivedi and Shikha Shukla Chhabra
Publication Date:
08-2020
Content Type:
Policy Brief
Institution:
Centre for Policy Research, India
Abstract:
The overall vision of Project Nirmal is the demonstration of appropriate, low-cost, decentralized, inclusive and sustainable sanitation service delivery solutions for two small towns (Angul and Dhenkanal) in Odisha leading to improved sanitation access for all households and integration of FSM in the sanitation value chain, through enabling institutional and financial arrangements and increased private sector participation. The project is being implemented by Practical Action and Centre for Policy Research with support from Bill and Melinda Gates Foundation; Arghyam; Housing and Urban Development, Government of Odisha; and Municipalities of Angul and Dhenkanal.
Topic:
Environment, Infrastructure, Sanitation, Land, and Inclusion
Political Geography:
South Asia and India

25. The Political and Legal Landscape of the Alaska Phenomenon

Author:
Ye. Zinkov
Publication Date:
01-2020
Content Type:
Journal Article
Journal:
International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:
East View Information Services
Abstract:
ThE PROBLEM of the acquisition and sale of Alaska, and to whom it belongs, excites the minds of researchers to this day. There are supposi- tions that once the first Russians had traversed Siberia, they settled in Alaska during the second half of the 16th century.1 The next period, in which Alaska gets mentioned by Russian people, dates to 1648, in connection with the names of the Cossack Semyon Dezhnev and his associate Fedot Popov, who circumvented the Asian continent, then passed from the Arctic Ocean to the Pacific Ocean basin.2 Later on, an official expedition was organized; its commander, Vitus Bering, announced in 1728 his discovery that Asia and America did not have a land bridge between them.3 The first legal documentation of Alaska’s coastline took place on August 21, 1732, when the crew of the St. Gabriel, under the leadership of surveyor Mikhail Gvozdev and navigator Ivan Fyodorov (or K. Moshkov, according to other sources), recorded its contours without going ashore. From this date began the jurisdictional affiliation of Alaska with the Russian Empire. however, the territory for a long time contin- ued to be developed on the basis of civil law. The bureaucrats of the Russian Empire did not duly administer the land in Alaska. This situation contributed to the consolidation of legal relations within civil society on the territory along the lines of the Novgorod Republic.
Topic:
International Law, Law, Land, and Jurisdiction
Political Geography:
Russia, Europe, North America, Alaska, and United States of America

26. Domein Verklaring: Colonial Legal Legacies and Community Access to Land in Indonesia

Author:
Jeffrey Neilson
Publication Date:
11-2020
Content Type:
Special Report
Institution:
Georgetown Journal of International Affairs
Abstract:
In 1870, the Dutch colonial government established the principle of domein verklaring (free state domain) in its East Indies colony when it enacted agrarian laws to promote private investment. The now-independent Indonesian nation is still trying to resolve the principle’s implications for community access to land, which threaten the long-term sustainability of livelihoods across the country. Further legal recognition of pre-existing customary rights over land is required to prevent exacerbating the marginalization of rural community interests.
Topic:
Agriculture, Civil Society, History, Law, Colonialism, and Land
Political Geography:
Indonesia, Asia, and Southeast Asia

27. No Land in Paraguay

Author:
William Costa
Publication Date:
01-2020
Content Type:
Journal Article
Journal:
Cairo Review of Global Affairs
Institution:
School of Global Affairs and Public Policy, American University in Cairo
Abstract:
The preservation of indigenous peoples’ territories in Paraguay has a vital role in maintaining spiritual, cultural, and communal well­being. Despite this important reality, many indigenous communities’ bonds with their land have been shattered.
Topic:
Democracy, Landpower, Land Rights, Indigenous, and Land
Political Geography:
Latin America and Paraguay

28. A Review of Sierra Leone’s Mines and Minerals Act

Author:
Tehtena Mebratu-Tsegaye, Perrine Toledano, and Sophie Thomashusen
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
With the support of Oxfam, the Columbia Center on Sustainable Investment reviewed select provisions in the Mines and Minerals Act 2009 and corresponding policy statements from the Minerals Policy 2018 to provide recommendations for how to best align the anticipated new mining law with international best practice. The 2009 law was reviewed with a focus on the following topics: • Fiscal regime; • Climate change; • Access to and use of land; • Community consultations and participation; • Human rights; and • Community development agreements.
Topic:
Climate Change, Human Rights, Natural Resources, Mining, Land, Sustainability, and Community
Political Geography:
Africa, West Africa, and Sierra Leone

29. When the Water Runs Dry: What is to be done with the 1.5 million settlers in the deserts of southwest Afghanistan when their livelihoods fail?

Author:
David Mansfield
Publication Date:
06-2020
Content Type:
Policy Brief
Institution:
Afghanistan Research and Evaluation Unit (AREU)
Abstract:
It was following the fall of the Taliban regime that people began to encroach upon the deserts of south west Afghanistan and claim it as their own. After an initial investment in shallow wells that ran dry, increasing numbers of settlers began to use percussion drills to sink wells into the ground up to 130 metres in depth. Then, with affordable diesel generators and waterpumps imported from Pakistan and China these farmers transformed what was once rocky desert soil into productive agricultural land.
Topic:
Agriculture, Water, Rural, and Land
Political Geography:
Pakistan, Afghanistan, China, Middle East, and Asia

30. Land Title Insurance in India: Lessons from U.S. Regulatory Approaches

Author:
Anirudh Burman
Publication Date:
08-2020
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
India’s insurance market for land titles is still in the early stages of development. Borrowing from the U.S. model, here’s what Indian insurers and officials alike can do to keep the market flourishing and protect consumers. The poor quality of land title records in India is a significant impediment for growth and urbanization. Bad land title records result in excessive litigation, property disputes, and cases of fraud. This in turn affects the cost and certainty of transactions that involve land and real estate. While the Indian government has been operating a land record modernization program for over a decade, progress has been slow. This paper accordingly proposes that land title insurance be encouraged to reduce losses in land transactions. Title insurance will also provide buyers of land and real estate a mechanism for mitigating the risks that arise from such transactions. Insurance products cannot be launched in India without prior registration with the insurance regulator, the Insurance Regulatory and Development Authority of India (IRDAI). So far, IRDAI has registered some title insurance products, and it is now in the process of developing a general regulatory framework for the product. Once in place, this regulatory framework will determine the development of the title insurance market and consequently its ability to solve issues related to land transactions. Therefore, it is important that the regulatory framework adopted be suitably tailored to the unique characteristics of land title insurance as a product. In addition, the regulatory framework must give due regard to the incipient nature of the market in India. While title insurance is a new product in India, it is widely used in the United States. India’s regulatory framework can therefore be better informed by an examination of title insurance regulation in the United States. This is especially so given that insurance in the United States is determined at the state level, so different states follow different models of regulation. This diversity provides an opportunity to better understand how title insurance should be regulated given the local environment.
Topic:
Urbanization, Regulation, Land, and Insurance
Political Geography:
South Asia, India, North America, and United States of America