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Academic literature on the topic 'Gove Land rights case'

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Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Gove Land rights case"

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Scott, Shirley. "The Australian High Court's Use of the Western Sahara Case in Mabo." International and Comparative Law Quarterly 45, no. 4 (October 1996): 923–27. http://dx.doi.org/10.1017/s0020589300059777.

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Recent cases before the High Court of Australia have raised the question as to the appropriate degree to which international law should influence Australian law and politics.1 Crucial to the reasoning in the leading judgment of the landmark 1992 Mabo case,2 by which the Australian judiciary recognised for the first time a native title to land, was the finding that Australia had not been terra nullius at the time of colonisation. The leading judgment accepted the categorisation of Australia as a settled colony which had been established by the Privy Council in Cooper v. Stuart.3 In this judgment Lord Watson had held that Australia, as a “settled” colony, had received transplanted British law “except where explicitly changed or considered irrelevant”.4 This had given rise to the assumption, confirmed by Milurrpum v. Nabalco Ltd (the Gove Land Rights case of 1971) that, since no legal rights to land of indigenous people existed in British law and none had been explicitly acknowledged in relation to Australia, no basis existed for their later recognition.5 The leading judgment in Mabo went on to declare, however, that the notion that British law had been transplanted into a settled colony had been based on the assumption that the “indigenous people of a settled colony were … without laws, without a sovereign and primitive in their social organisation”.6 Since “the facts as we know them today” do not “fit this theory” the leading judgment asserted there to be “no warrant for applying in these times rules of the English common law which were a product of that theory”.7
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Allegranti, Ivan. "‘The Right to Remain and Produce in your Homeland’ in Light of Article 8 of the European Convention on Human Rights, The European Court of Human Rights Case Law and the Italian Constitution." Athens Journal of Law 8, no. 3 (June 30, 2022): 349–60. http://dx.doi.org/10.30958/ajl.8-3-7.

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The multi-level protection offered to the right to property is an element of the current Italian and European legal system. Reading Article 8 (respect to private and family life) and Article 1, paragraph 1 (property protection) of the European Convention on Human Rights (hereinafter ECHR) it is possible to state that the protection of someone’s property has gone beyond the physical object. This interpretation, which derives from an approach which underlines the social function of property, has been strengthened by the ECHR that, during the last 20 years, has extended the concept of property. Thanks to it, it is possible to affirm the existence of a right to remain in one’s own land before, during and after an emergency, caused by a natural, health or man-made disaster. Also, trough the reading of Articles 41, 42 and 44 of the Italian Constitution it is possible to affirm the existence of this right within the Italian Fundamental Charter. In light of the above evolutions of the jurisprudence and of the interpretation of the concept of property within the Italian Constitution, this article analyses how this principle may apply also to people affected by natural hazards. Keywords: Property right; Right to remain in your homeland; Italian constitution; Natural disasters; European Court of Human Rights; Court of Justice of the European Union; European Convention Human Rights
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Christanto, Daniel Yudi, and Anis Mashdurohatun. "Multiple Land Rights Certificate Case Settlement Review of Land Registration." Sultan Agung Notary Law Review 2, no. 2 (October 7, 2020): 124. http://dx.doi.org/10.30659/sanlar.2.2.124-134.

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The research objective is to know and analyze completion of Multiple Land Rights Certificate in Banyumas Regency. To find out and analyze problems in resolving the case of double certified land rights in Banyumas Regency, and To find out and analyze solution against Settlement of double certified land rights cases in Banyumas Regency.This research is a qualitative research with a normative juridical approach. Based on the results of research and discussion it can be seen that "Double Land Rights Certificate Completion in Banyumas Regency”. There are two ways of resolution, namely through the mediation process at the National Land Agency (BPN) to find a solution or win-win solution, but if there is no way out through the mediation process, the settlement is carried out through the litigation process or settlement of cases in court. Constraints in resolving cases of double certified land rights in Banyumas Regency. Due to the change of the Village Head, the new Village Head who does not know that the land already has a certificate will issue a certificate sporadically based on the community's request to issue the land certificate. The problem with the National Land Agency (BPN) is that there are elements who easily issue land certificates due to various factors such as errors in issuing land certificates, both types of certificates of land ownership rights, rights to building and rights to business. Solution against settlement of double certified land rights cases by providing legal protection to the legal owner, such as case No. 26/G/2014/P.TUN.Mks and case Number 30/Pdt.G/2018/PN Pwt, namely that the Plaintiff has received protection in accordance with the applicable law, even though it has to go through a fairly long and time-consuming judicial process, because the land owner controls the land on the basis of legal and strong rights obtained in good faith, it must be protected by law.
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Allard, Christina. "Sami Land Rights." European Yearbook of Minority Issues Online 19, no. 1 (June 29, 2022): 221–38. http://dx.doi.org/10.1163/22116117_011.

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Abstract The Indigenous Sami people traditionally live in what is now Sweden, Norway, Finland, and Russia. A crucial matter for Indigenous peoples, including the Sami living in Sweden, is that of the recognition of their land rights and access to their traditional lands. This article’s aim is to present and analyse recent case law developments in Sweden that relate to the recognition and protection of Sami land rights, specifically the Girjas and Talma cases, through legal-scientific and textual analyses and relevant legal literature. Both cases concern Sami reindeer herding rights in Sweden and the Swedish state as defendant. These cases raise complex legal issues and historical circumstances, demonstrating the need for the Swedish state to treat Sami land rights as equal to other civil rights in Swedish society, in line with international human rights law.
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Putra, Andika, Ismansyah Ismansyah, and Yulfasni Yulfasni. "Legal Protection to Creditors and Debtors in the Case of Withheld Fiducia Guarantee Object as Evidence of Criminal Case." International Journal of Multicultural and Multireligious Understanding 6, no. 5 (October 12, 2019): 163. http://dx.doi.org/10.18415/ijmmu.v6i5.1089.

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Land is a very important means to carry out development, and the problem of land acquisition for these needs is not easy to solve because with the increasing development of land demand is also increasing while the land supply is very limited. Regarding the existence and function of land, there is a legal relationship between humans with land, including the act of transferring rights and release of land rights, in order to provide legal certainty for the act referred to, it is necessary to set forth in the form of a deed made before a Notary or before the District Head or before the Head of the National Land Agency. But today, the public is more entrusted to make this SPPHT before a Notary Public in order to ensure legal certainty, and also the Land Agency has suggested making a transitional deed through a Notary Deed to be more efficient. The method used is empirical juridical research. Research data were collected through field studies through interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out and analyze how the process of releasing land rights for development through a notarial deed in the city of Padang. The results showed that 1) the release of rights before the Notary Public through the Signing of the Deed of Relinquishment of Land Rights which first checked all the requirements by the Notary, then the deed is perfectly signed into an authentic deed and guarantees legal certainty. 2) The process of land registration is based on the deed of release of rights made by a Notary in the City of Padang by submitting an application along with the Deed of Relinquishment of Land Rights and other requirements, then reviewing the field and issuing maps by the Land Agency.
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May, John D'Arcy. "Human Rights as Land Rights in the Pacific." Pacifica: Australasian Theological Studies 6, no. 1 (February 1993): 61–80. http://dx.doi.org/10.1177/1030570x9300600104.

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Do human rights in their conventional, Western understanding really meet the needs of Pacific peoples? This article argues that land rights are a better clue to those needs. In Aboriginal Australia, Fiji, West Papua and Papua New Guinea, case studies show that people's relationship to land is religious and implicitly theological. The article therefore suggests that rights to land need to be supplemented by rights of the land extending to the earth as the home of the one human community and nature as the matrix of all life.
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Beyers, Christiaan. "Land Restitution's ‘Rights Communities’: The District Six Case*." Journal of Southern African Studies 33, no. 2 (June 2007): 267–85. http://dx.doi.org/10.1080/03057070701292582.

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Coldham, Simon. "Land Reform and Customary Rights: The Case of Uganda." Journal of African Law 44, no. 1 (2000): 65–77. http://dx.doi.org/10.1017/s0021855300012043.

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This article examines the Ugandan Land Act, 1998, which seeks to transform land relations throughout the country both by settling once and for all the vexed question as to the relative rights of “owners” and “tenants” of mailo land, and by providing procedures whereby persons may apply either for certificates of customary ownership or for freehold titles to their land. While the Act recognizes that in some areas it may be more appropriate for land to be held communally, it is the long-term aim that most land should be held on individual freehold title. However, the negotiability of such a title is undermined by a variety of provisions designed to protect customary rights.
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Wulandari, Suhani. "Indicators Of Land Rights Certificate Cancellation Caused By Overlapping Rights As Administration Failure." Administrative and Environmental Law Review 1, no. 2 (December 23, 2020): 113. http://dx.doi.org/10.25041/aelr.v1i2.2149.

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Land registration which aims to provide legal certainty for the ownership of a person's land parcel, which is in the form of a certificate of land title, in the issuance of which there may be errors resulting in two certificates or overlapping so that one certificate can be ascertained that it contains administrative defects, in handling the dispute case settlement refers to the Regulation of the Minister of ATR/KaBPN Number 11 of 2016 article 24 paragraph (7).This study aims to determine, land title certificate can be said to be administratively flawed, Implementation of cancellation of land title certificate due to administrative defect errors at the Regional Office of BPN Lampung Province and the Land Office. This research uses empirical normative juridical research method. The research approach uses a statutory, analytical and participatory approach. Data analysis uses primary and secondary data to draw conclusions using inductive logic. The results show that in order to resolve dispute cases with an overlapping typology of land title certificates, it is necessary to cancel one of the certificates issued in the latest year, because it can be ascertained that it contains errors in its issuance so that it becomes an administrative defect. And tthe cancellation of the certificate of land title is carried out on the basis of a public complaint or BPN initiative, with a request submitted by the Land Office, the Land Office carries out data collection activities, analysis accompanied by Case Handling Progress Report to be submitted to the Regional Office, at the Regional Office Assessment, Field Research, Exposure, Case Settlement Reports and the issuance of a Decree on the Cancellation are then submitted to the Land Office for announcement and deletion in the Land Office data base.
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Puteri, Anindya Prasasya. "Legal Consequences Of Blocking The Certificate Of Land Rights (Case Study At Sidoarjo District Land Office)." LIGAHUKUM 1, no. 2 (January 31, 2021): 192–200. http://dx.doi.org/10.33005/ligahukum.v1i2.15.

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Blocking a certificate of land rights carried out by the Land Office or BPN is a form of legal effort to protect the object of land rights by establishing a temporary freeze on land rights to legal actions and legal events on the land. The applicant blocking a certificate of land rights filed a request to block his land object at the Sidoarjo Regency Land Office due to several factors that influence the applicant to block the certificate or in accordance with his legal interests. The purpose of this study is to determine the legal consequences of blocking on land title certificates at the Sidoarjo Regency Land Office and to determine considerations for the Sidoarjo Regency Land Office in accepting and rejecting applications for blocking land certificates. This research uses an empirical juridical approach research method using data collection techniques such as from books, scientific journals, news articles, official documents, legislation, and interviews to solve the problem formulation. Data analysis method used is a qualitative research method of primary and secondary data. The results of the study can be concluded that due to the blocking of certificates of land rights at the Sidoarjo Regency Land Office is not able to take legal actions such as the transfer of rights or the imposition of rights to the object of land that is temporary. In addition, blocking is done as a form of prevention so that certificates of land rights are not abused by parties with bad intentions. Consideration of a request for a certificate block can be accepted on the grounds of a court suit due to a land dispute, an order from the court for investigation in the criminal domain, an illegal act, and a lost land certificate. An application can be rejected due to unclear reasons and the applicant has no legal interest or relationship.
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Dissertations / Theses on the topic "Gove Land rights case"

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Fabbriciani, Antonio Antonino. "Land reform policies and human rights : a South African case study." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/502.

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This treatise begins with a discussion of different clauses of the Bill of Rights in the South African Constitution and the land reform policies of the South African government. The inequality and injustice caused by decades of apartheid land law forms the background of the land reform programme. The treatise addresses the consequences of this legacy on the implementation of the South African Constitution including the right to property. The discussion includes the three key elements of the land reform programme namely restitution, redistribution and tenure reform. The content of this treatise ranges over these three elements of land reform, applying constitutional issues to the relevant case law, The balancing and the reconciliation of rights and interest between the individual and the public in a just manner will be the barometer. The conclusion shows that the Constitution both protects existing rights and authorises the promotion of land reform within the framework of Section 25 of the Constitution, and that every aspect of the property clause has to be regarded as part of a constitional effort in balancing individual interest and public interest in terms of a constitutional order. It is my sincere hope that this treatise will contribute toward the achievement of equity, stability and by the values of an open and democratic society based on human dignity, freedom and human rights.
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Dirimanova, Violeta. "Economic effects of land fragmentation : property rights, land markets and contracts in Bulgaria /." Aachen : Shaker, 2008. http://www.gbv.de/dms/zbw/562087699.pdf.

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Asantemungu, Raphael Ernest. "Women and Land Ownership Rights in Kilimanjaro : A Tension between Women Land Ownership Rights and Culture: A case of Moshi Rural District Tanzania." Thesis, Norges teknisk-naturvitenskapelige universitet, Geografisk institutt, 2011. http://urn.kb.se/resolve?urn=urn:nbn:no:ntnu:diva-17024.

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Despite the efforts and strategies geared towards women in realizing property rights in terms of empowerment, participation and decision making in the global context today many African societies are still characterized by social economic and political inequalities between men and women. This situation is worse in Tanzania rural areas where women land rights are violated as result of culture being regarded as a daily routine that provide the basis and ways in which land is owned and distributed. This study focuses on women and land ownership rights. An attempt has been made to examine the contexts in which the state laws and policies give women rights to own land. With a special use of Rights based Approaches and feminist perspectives in particular WDC. The study has articulated some reasons as to why women land rights are not fully realized at a village and clan level in Moshi Rural in Tanzania. A qualitative research methodology is the main tool for generating research materials during the research process. Emphasis in this is laid on research interviews, field observation and a study of secondary research sources has also been used in situations where it is preferred. The study has examined the ways in which land rights for women are offered and practiced at the local level. In this regard, it is revealed that women‟s land rights are facing many challenges which are grounded in culture in the way power relations, participation and empowerment is shaped. Moreover, it is revealed that Land Laws for women which are defined by the statutory laws are facing contradictions with customary laws something which has created conflict and tension with land rights for women. In this way it has been observed that, the duty holders for rights play a limited role in helping women to realize their rights. In addition, the task for promoting land rights in terms of advocacy and legal aid provision for women which is largely done by NGOs is facing some problems in terms of coverage. The study finds that, NGOs are town oriented while many problems for women‟s land rights rife in rural areas. This situation has made many women to have limited knowledge about these NGOs and their activities. Moreover, the study reveals that land is the powerful means of livelihood provisions for women hence denial for women land rights has a profound impacts for their lives. For example lack for women land rights could make women to find it difficult to get food, settlement, credit and many other live necessities. This has increased the level of poverty on the part of women. With respect to remedy the challenges and difficulties faced by women in land ownership rights, an immediate law and policy reforms pertaining land rights have been suggested, with an effort to sensitize the society about these reforms. These could go hand in hand with effective implementation of reformed laws to be practiced both at national and local level.
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Hung, Hae. "Equity and zoning in land use planning : the case of Taiwan." Thesis, University of Reading, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.260869.

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Lidström, Karin. "The Matrilineal Puzzle : Women's Land Rights in Mozambique- Case study: Niassa Province." Thesis, Uppsala universitet, Institutionen för geovetenskaper, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-232909.

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This thesis aims to shed light on issues related to women’s rights to access and benefit from land in matrilineal communities in rural, northern Mozambique. It portrays the environment in which organisations working with implementation of land rights operate as well as proposes conclusions on the core obstacles to their work. A qualitative study was conducted and forms the basis of the study and is complemented with previous research on this topic. Women in rural, matrilineal communities in northern Mozambique are not equal with their male counterparts and they hold a lower social position despite the alleged matrilineal structure. However, they appear to be less marginalised than women in southern, patrilineal Mozambique, which suggests that the matrilineal structure does have a positive effect on the lives of the rural women. Furthermore, this study shows that the obstacles when implementing women’s land rights can be summarised as: (i) strong patriarchal attitudes, (ii) an insufficient level of education that excludes women from decision-making and (iii) a too narrow understanding of the gender-power relations.
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Dedigama, Anne C. "A case for hybridisation of land registration systems: Case study (Sri Lanka)." Thesis, Queensland University of Technology, 2016. https://eprints.qut.edu.au/97936/6/Anne_Dedigama_Thesis.pdf.

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Using Sri Lanka as a case study, this thesis proposes hybridisation of land registration systems comprising features that address the unique local needs and challenges as an alternative to full transplantation of Torrens title registration system to other jurisdictions. The central premise of the thesis is that a hybrid system is uniquely tailored and equipped to address local conditions. The findings of this analysis is utilised to articulate recommendations for Sri Lanka to be used as a set of practical guidelines. These recommendations can also be used as a guide by other countries and aid organisations when modernising land registration systems.
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Van, Woudenberg Gerdine. "The political constitution of indigenous land struggles, a case study of the Aboriginal rights; trickster." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0002/MQ43331.pdf.

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Mangu, Muyamba. "Protected areas and land rights for local communities : the case study of Luki Reserve (DRC)." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/67787.

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Land rights have received some attention as an issue concerning property rights. It has been considered as an important right for the local communities living around or across protected areas. However, the right to land is almost absent from international instruments of human rights. Land rights are not typically perceived to be a human rights issue.1 Land rights is corporeal hereditament as they are physical or tangible objects incorporated in land while rights to land is incorporeal which fall under property rights. In the same vein, rights to land “broadly refer to rights to use, control, and transfer a parcel of land, and include the rights to: occupy, enjoy and use land and resources; restrict or exclude others from land; transfer, sell, purchase, grant or loan; inherit and bequeath; develop or improve; rent or sublet; and benefit from improved land values or rental income”.2 Legally, according to Gilbert, land rights fall in the “categories of land laws, land tenure agreements but they are rarely associated with human rights law”.3 Internationally, there is no treaty or any specific declaration that refers to human rights to land.4 Even land rights are absent from international instruments of human rights. The African Charter on Human and Peoples’ Rights stipulates in article 14: “the right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws”5. This can be construed to cater for land rights in international law. Land dispossession has a negative impact on the local communities and on all mankind as it impacts on their livelihood and also has a negative impact on the environment. It is extremely true that local communities also want to share the resources of their land and to benefit from them. The establishment of protected areas is a worldwide practice that intends to defend biodiversity and wildlife from human development.6 Such a policy tends to neglect the rights of local communities, generally in the practice of protected areas. Most protected areas have followed the conventional and exclusionary approach that was applied at Yellowstone7 in 1972 and have failed to fully integrate other important factors such as social and cultural issues. The dispossession of land can be considered as a restrictive measure that imposes difficult and most of the time conflicting effects to the people settled around protected areas. The dispossession of land has triggered adverse social impacts on local communities in some cases by disrupting their traditional ways of living and limiting their control of and access to resources.8 The dispossession of land undermines protection policies through conflicts between protected area managers and local communities. The prohibition of communities from their land without consultation violates the obligations for free, prior and informed consent (FPIC). This study investigates the human rights implications on protected land of Luki Reserve in the Democratic Republic of the Congo (DRC). It will also explore the DRC land rights framework and their implications on socio-economic rights of local communities such as: the right to food, right to clean water, right to housing, right to health and the right to culture.
Mini Dissertation (MPhil)--University of Pretoria, 2018.
Centre for Human Rights
MPhil
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Van, Woudenberg Gerdine (Gerdine Marinna) Carleton University Dissertation International Affairs. "The Political constitution of indigenous land struggles; a case study of the aboriginal 'rights' trickster." Ottawa, 1999.

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Wu, Yintao. "Composite property rights and boundary-treading resistance: a case study of C county in Eastern Sichuan." HKBU Institutional Repository, 2017. https://repository.hkbu.edu.hk/etd_oa/465.

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1.1\xThis thesis studies land expropriation disputes from the angle of property right, exploring its origins from the relationships between township (town) government and villagers, village collective and villagers, and different villagers, focusing on peasants' resisting low land expropriation compensation instead of their fighting against land expropriation. Specifically, this research will discuss three questions. What is the nature of property right? How had the landed property rights been regulated and adjudicated? How do women gain and loss their land rights and interests?;1.2\xIn terms of the nature of property right, two kinds of idea are widely spread in academic circle; the first follows a materialist-legalist viewpoint and considers property rights as a bundle of rights, whereas the second adopts a constructivist perspective and considers property rights as a network of social relations. With defected land institutions and peasants' complicated social life, both of the two ideas cannot provide a suitable explanation for some new phenomena in land expropriation disputes, leaving a gap between property right theory and practice. Building on the foundation of Zhang Xiaojun's (2007) idea of "multiple property rights" and drawing upon Pierre Bourdieu's discussion of capitals, this research will propose the idea of "composite property rights" to systematize the discussion. This concept examines the transformation of symbolic, social, and cultural capital into economic capital, and in turn the transformation of economic capital into property rights. In so doing, I hope to provide a better framework for understanding the mechanisms through which various capitals can be mobilized to "realize" the landed property rights.;1.3\xSince this research regards composite property rights as the nature of property right, the answer of the second research question then transfers into: what are the characteristics of the practical logic of composite property rights? Basing the rationale of resistance on peasants' local perception of land rights, peasants explore an action strategy, boundary-treading resistance. This concept reveals their tactics on three different relationships. First, as to the relation with the state, the peasants' resistance treads on state laws and land institution by taking advantage of their capitals. Second, in terms of the relation with local government and developers, their strategies rely on probing counterparty's loopholes, treading on boundaries of administrative enforcement of policy. Third, in regard to the relation among villagers or familial relationship, their behaviors challenges the village rules and traditions, treading on the boundaries of traditional moral principles.;1.4\xIn order to use the two concepts, this research specifically analyzes women's striving for land rights and interests. After building a framework of membership, this research transfers the third research question into a specific one: since rural land is owned by rural collective economic organization, how can an individual become its member? In sum, women's tactics include (1) taking full advantage of village collective's self-contradictory decision which admits their huji but refuses their cuji, (2) revoking their previous promise, and (3) exploring the loophole of household register management. During their striving for membership, they utilize their various capitals: (1) they use money as deposit to get villagers meeting's support, or gift to gain cadre's favor, to move in/back their huji, (2) with their relatives' help, they can get information and other support.;1.5\xBy attaching all kinds of capitals to the property right transformation from economic capital to economic property right, peasants' resources can be transformed into capitals; and these capitals enter their citizen life, alleviating their pauperization. At the same time, boundary-treading resistance characterizes land-lost peasants as peasant-citizens who keenly take petty advantage of others and merely try to be smart, so their resistance has a long way to catch up with safeguarding rights of citizen.
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Books on the topic "Gove Land rights case"

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Barrow, Edmund G. C. Tree rights in Kenya: The case of the Turkana. Nairobi, Kenya: ACTS Press, African Centre for Technology Studies, 1992.

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Guivant, Julia S. Agrarian change, gender and land rights: A Brazilian case study. Geneva: United Nations Research Institute for Social Development, 2003.

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Lai, Lawrence Wai-chung. Zoning and property rights: A Hong Kong case study. Hong Kong: Hong Kong University Press, 1996.

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Chigwedere, A. S. British betrayal of the Africans: Land, cattle, human rights : case for Zimbabwe. Marondera [Zimbabwe]: Mutapa Pub. House, 2001.

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Muhereza, E. Frank. Mailo land tenure system, customary land rights, and claims in Buganda: A case study of Nakasongola. Kampala, Uganda: Centre for Basic Research, 1998.

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Widlok, Thomas. Problems of land rights and land use in Namibia: A case study from the Mangetti area. Windhoek: Social Sciences Division, Multi-Disciplinary Research Centre, University of Namibia, 1994.

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Michael, Aliber, Human Sciences Research Council. Integrated Rural and Regional Development Research Programme., and Food and Agriculture Organization of the United Nations., eds. The impact of HIV/AIDS on land rights: Case studies from Kenya. Cape Town: HSRC Publishers, 2004.

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Yamano, Takashi. Legal knowledge and economic development: The case of land rights in Uganda. Washington, D.C: World Bank, 2006.

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Soebiakto. A case study on specific land rights claims in transmigration areas: Working document. Jakarta, Indonesia: Ministry of Transmigration, 1990.

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Monet, Don. Colonialism on trial: Indigenous land rights and the Gitksan and Wet'suwet'en sovereignty case. Philadelphia: New Society Publishers, 1992.

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Book chapters on the topic "Gove Land rights case"

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van der Kooye, Rachael. "Case 6: Suriname—The Land Rights Issue and Media Performance." In Global Journalism Practice and New Media Performance, 201–13. London: Palgrave Macmillan UK, 2014. http://dx.doi.org/10.1057/9781137440563_16.

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Tabot, Elizabet. "The Complexities of Securing Land Rights for Minorities in Africa: The Case of the Mbororo Land Rights in the Northwest Region of Cameroon." In Land Tenure Challenges in Africa, 287–306. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-82852-3_14.

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Vermeylen, Saskia. "The Struggle for Indigenous Peoples' Land Rights: The Case of Namibia." In Indigenous Peoples, Consent and Benefit Sharing, 143–63. Dordrecht: Springer Netherlands, 2009. http://dx.doi.org/10.1007/978-90-481-3123-5_8.

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Moyo, Khanyisela. "Justiciable Property Rights and Postcolonial Land Reform: A Case Study of Zimbabwe." In Justiciability of Human Rights Law in Domestic Jurisdictions, 363–87. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-24016-9_15.

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Josefsen, Eva, Siri U. Søreng, and Per Selle. "Regional Governance and Indigenous Rights in Norway: The Finnmark Estate Case." In Indigenous Peoples’ Governance of Land and Protected Territories in the Arctic, 23–41. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-25035-9_2.

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Busingye, Godard. "African Feminism, Land Tenure and Soil Rights in Africa: A Case of Uganda." In Legal Instruments for Sustainable Soil Management in Africa, 133–55. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-36004-7_8.

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Daramola, Modupe A. "Land Reform and the Quest for Women’s Land Rights in South Africa: A Case of KwaZulu-Natal Province." In The New Political Economy of Land Reform in South Africa, 255–77. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-51129-6_14.

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Hoyle, Richard W. "12. Redefining copyhold in the 16th century. The case of timber rights." In Landholding and Land Transfer in the North Sea Area (Late Middle Ages - 19th Century), 250–64. Turnhout: Brepols Publishers, 2004. http://dx.doi.org/10.1484/m.corn-eb.4.00148.

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Marks, Katriel, and Rhonda Phillips. "Analysing non-legal barriers to land ownership by women." In Land governance and gender: the tenure-gender nexus in land management and land policy, 100–112. Wallingford: CABI, 2021. http://dx.doi.org/10.1079/9781789247664.0009.

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Abstract This chapter explores barriers to women's land ownership. It investigates the potential factors behind why women's rights to own land are often ignored despite laws permitting women to own and inherit land. Measures of gender equality are correlated, as presented in the World Economic Forum Global Gender Gap Index 2020 (economic participation and equality, educational attainment, health and survival, and political empowerment) to percentages of land held by women in a nation. Commonalities between case studies on women's land ownership around the world are discussed as well.
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Phan, Thanh Thanh. "Agricultural Land Conversion and Land Rights in Vietnam: A Case Study of Farmers’ Resistance in the Peri-Urban Areas of Hanoi." In Rethinking Asian Capitalism, 157–79. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-98104-4_7.

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Conference papers on the topic "Gove Land rights case"

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Zaidar and Muhammad Yamin. "Strengthening the Concept of Private Ownership Rights in Implementating the Social Function of Rights on Land: Case Study of Land Procurement on Toll Road Construction Medan-Tanjung Morawa- Tebing Tinggi." In International Conference of Science, Technology, Engineering, Environmental and Ramification Researches. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0010088515551560.

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Wen, Yan, Xu Yueming, K. K. Klein, and Hu Yexinghan. "Notice of Retraction: Land use rights market in China: A case study in Hebei province, China." In 2010 2nd IEEE International Conference on Information and Financial Engineering (ICIFE 2010). IEEE, 2010. http://dx.doi.org/10.1109/icife.2010.5609379.

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Akbudak, Hacer, and Figen Akpınar. "Transfer of Development Rights for Agricultural Land Protection in Izmir's Periphery: A Case Study in Torbalı." In 5th International Conference of Contemporary Affairs in Architecture and Urbanism – Full book proceedings of ICCAUA2020, 11-13 May 2022. Alanya Hamdullah Emin Paşa University, 2022. http://dx.doi.org/10.38027/iccaua2022en0091.

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Permadi, Iwan, and Reka Dewantara. "Land Rights Disputes Between Landowners And Mining Companies : A Case Study In Banyuwangi Regency, East Java, Indonesia." In 2018 International Conference on Energy and Mining Law (ICEML 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iceml-18.2018.36.

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Omomeji, M. J., and O. Adeola Olajide. "Women’s Access to Land and its Implications for Empowerment in Nigeria: The Case of Ilorin East Local Government Area, Kwara State, Nigeria." In 28th iSTEAMS Multidisciplinary Research Conference AIUWA The Gambia. Society for Multidisciplinary and Advanced Research Techniques - Creative Research Publishers, 2021. http://dx.doi.org/10.22624/aims/isteams-2021/v28n3p8.

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There is a gender gap observed in access, ownership and control of land and other productive resources which is not in favor of women in Nigeria. While most studies on access to land resource have related it to food security, this study however examined its implications for the empowerment of women in the study area. Multistage sampling technique was used to obtain a sample of 120 households from the population. Questionnaires were used to elicit information from the sample, and its administration was interactive. Multiple linear regression analysis was used to examine the relationship between women's empowerment and access, control, and ownership of land resource. The regression analysis showed that land ownership, rights to land, and decision-making power over land had significant effects on the empowerment status. The study recommends that laws that will ensure and protect women's access and rights to land should be put in place and such laws should be properly monitored and evaluated. Keywords: Access to Land, Women’s Empowerment, Land Ownership, control of land Proceedings Reference
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Tanawijaya, Hanafi, and Michelle Velisia. "Legality of Transfer of Land Rights Through Selling Buy Under Hands According to Land Law (Case Study: Decision of the Tangerang District Court Number 376/PDT.G/2017/PN.TNG)." In 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021). Paris, France: Atlantis Press, 2022. http://dx.doi.org/10.2991/assehr.k.220404.157.

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Kalniņš, Erlens. "Kontratabulārais, ekstratabulārais un tabulārais ieilgums Latvijas civiltiesībās." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.1.20.

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The current paper deals with the provision of Article 1024 of the Civil Code, which directly regulates the acquisition by prescription of the right of ownership over immovable property that is not registered in the Land Register in the name of the acquirer (contra tabular prescription), furthermore, this article is also applicable to the acquisition of immovable property by means of prescription, even if the respective immovable property is not registered in the Land Register (extra tabular prescription). When all the statutory conditions for prescription have been fulfilled, in accordance with the Article 1024 of the Civil Code the acquirer does not acquire the right of ownership, but instead – only a legal possibility to demand the recognition and confirmation of his property rights in the Land Register. However, in the case of tabular prescription, if all the statutory preconditions are met, including the ten-year prescription period provided for in Article 1024 of the Civil Law, the acquirer acquires property rights on the basis of law, because the immovable property is already registered in the Land Register in his name.
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Cindy, Cindy, O. K. Isnainul, Tommy Leonard, Elvira Pakpahan, and Kartina Pakpahan. "Juridical Analysis of Individual Loan Guaranteed by Land Rights Which Shifted to Authentic Sale and Purchase Deed (Case Study Of The Supreme Court Decision Number 1857 K / Pdt / 2016)." In Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.14-4-2021.2312523.

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Reis Santos, Mariana. "Does the implementation of special zones of social interest (ZEIS) encourages adequate housing in precarious settlement? The case of San Paolo." In 55th ISOCARP World Planning Congress, Beyond Metropolis, Jakarta-Bogor, Indonesia. ISOCARP, 2019. http://dx.doi.org/10.47472/hfqf7018.

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With the establishment of the Constitution of 1988, a new approach to urban governance emerged in Brazil. The document brought significant changes regarding the right to the city and adequate housing, in particular, for the urban poor. The recognition of these rights triggered the experimentation with inclusionary policies around the country (Rolnik and Santoro, 2013). As a result, informal settlements started to be acknowledged as part of the formal city and were included in zoning and planning laws. One of the main outcomes of these experiments was the creation of Special Zones of Social Interest (ZEIS), a land and housing policy that linked investments on infrastructure in precarious settlements to land regularisation processes. In 2001, ZEIS was incorporated into the City Statute, a document that established a range of collective rights to guide land use and development. Since then, the instrument has gained popularity in the country as a land regularisation tool. Nevertheless, a considerable share of settlements remains poorly built and addressing informality is still a challenge. Therefore, this paper evaluated the co-relation between the implementation of ZEIS, land regularisation processes and provision of basic infrastructure in precarious settlements. More specifically, it measured the quality of State interventions supported by the zoning. By focusing on quality, this article aimed to evaluate whether ZEIS has encouraged adequate housing conditions for the urban poor or reinforced precarious patterns of development. To explore this relationship, a case study was conducted on the performance of ZEIS in Favela of Sapé, a settlement in the West of São Paulo. As a methodology, case studies have become a common option for performing evaluations and analyse what a program, practice or police has achieved (Yin, 2012). Moreover, this research strategy commonly relies on various sources of field-based information (Yin, 2012). Accordingly, this paper comprised mainly primary qualitative data. It also made broad use of content and secondary analysis, with the goal of ensuring validity and reliability. The performance of ZEIS in Sapé demonstrated that since its implementation, in 2001, tenure security and physical characteristics have enhanced considerably in the area, particularly, when it comes to housing quality and provision of basic infrastructure. Nevertheless, these accomplishments are being compromised by a strong process of reoccupation which is supported by illegal organisations. In addition, there is a delay of the Municipality in meeting the demands for housing in the area because of governance issues and mismanagement of financial resources. This scenario, combined with a weak inspection body, has once again permitted the development of precarious housing and infrastructure in the area. It also has compromised the issuance of freehold land titles to the settlement’s dwellers. In other words, the site is under a vicious circle where neither the provision of housing and infrastructure is enough to meet the demand nor the land regularisation is completed because of the reoccupations. In sum, although the implementation of ZEIS seems to have a share of responsibility in Sapé’s upgrading process, the local authorities do not have the capacity of reinforcement necessary to maintain these improvements. Furthermore, it is fair to assume that the current legal framework provided by ZEIS is not adequate for the context of São Paulo and requires further adjustments. Not only because of the complex character of the city, but also because in practice, urban norms may be interpreted differently according to political and cultural conditions (Rolnik, 1997).
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Halim, Christine, O. K. Isnainul, Kartina Pakpahan, Elvira Pakpahan, and Tommy Leonard. "The Existence of Conditional Sale and Purchase Agreement as The Basis for Transfer of Rights to Land And/or Buildings to Other Party (Analysis Case Of Decisions No.3202/K/Pdt/2016)." In Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.14-4-2021.2312522.

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Reports on the topic "Gove Land rights case"

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Hecht, R. Land and water rights and the design of small-scale irrigation projects: the case of Baluchistan. International Irrigation Management Institute (IIMI), 1988. http://dx.doi.org/10.5337/2013.009.

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Ghebru, Hosaena, and Fikirte Girmachew. Direct and spillover effects of land rights formalization in Africa: A case study of the Second-Level Land Certification (SLLC) in Ethiopia. Washington, DC: International Food Policy Research Institute, 2020. http://dx.doi.org/10.2499/p15738coll2.134083.

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Silverman, Allison. Using International Law to Advance Women’s Tenure Rights in REDD+. Rights and Resources Initiative, June 2015. http://dx.doi.org/10.53892/uyna2326.

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Reducing Emissions from Deforestation and Forest Degradation (REDD+) is an international initiative to mitigate climate change in the forest sector. It is intended to incentivize developing countries to reduce greenhouse gas emissions from deforestation and forest degradation, as well as promote sustainable management of forests, and conservation and enhancement of forest carbon stocks. REDD+ has significant implications for land and resource rights, and raises particular concerns for women. These concerns arise from discrimination that women already face in resource management processes, largely due to unclear, unsecure and unequal tenure rights. Women represent a large percentage of the world’s poor, and they are often directly dependent on natural resources. As a result, there are significant risks that REDD+ could exacerbate existing inequalities for women if it fails to respect women’s tenure rights. This paper makes a case for advancing women’s tenure rights and how international law can be used to promote those rights in the context of REDD+.
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Goswami, Amlanjyoti, Sudeshna Mitra, Deepika Jha, Kaye Lushington, and Sahil Sasidharan. Land Records Modernisation in India: An Institutional, Legal & Policy Review. Indian Institute for Human Settlements, 2021. http://dx.doi.org/10.24943/9788195489305.

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This work provides an institutional, legal and policy review of crucial aspects of land records modernisation systems at the national level. Introducing property records and patterns of ownership in India, it provides an overview of various central government schemes promoting land records modernisation. It discusses the systemic and legal characteristics of land records and the proposed shift to conclusive land titling system, drawing attention to issues of tenure and property rights, especially in the urban and peri-urban context. Presenting multiple case studies on ongoing modernisation initiatives in some of the study states, the volumes also looks at the roles of multiple institutional stakeholders and the interfaces between them. Operational challenges faced in this transition to technology have also been discussed, in an attempt to bring out an overall picture of crucial issues and best practices across state-level diversities. The objective is to highlight the possibility of multiple trajectories and look at ways in which states can learn from each other by sharing experiences, while simultaneously acknowledging that there are certain issues that are typical of a particular state and must be resolved via deeper engagement with the local terrain.
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Ashley, Caitlyn, Elizabeth Spencer Berthiaume, Philip Berzin, Rikki Blassingame, Stephanie Bradley Fryer, John Cox, E. Samuel Crecelius, et al. Law and Policy Resource Guide: A Survey of Eminent Domain Law in Texas and the Nation. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, 2017. http://dx.doi.org/10.37419/eenrs.eminentdomainguide.

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Eminent Domain is the power of the government or quasi-government entities to take private or public property interests through condemnation. Eminent Domain has been a significant issue since 1879 when, in the case of Boom Company v. Patterson, the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities. Thus, the era of legal takings began. Though an important legal dispute then, more recently eminent domain has blossomed into an enduring contentious social and political problem throughout the United States. The Fifth Amendment to the United States Constitution states, “nor shall private property be taken for public use, without just compensation.” Thus, in the wake of the now infamous decision in Kelo v. City of New London, where the Court upheld the taking of private property for purely economic benefit as a “public use,” the requirement of “just compensation” stands as the primary defender of constitutionally protected liberty under the federal constitution. In response to Kelo, many state legislatures passed a variety of eminent domain reforms specifically tailoring what qualifies as a public use and how just compensation should be calculated. Texas landowners recognize that the state’s population is growing at a rapid pace. There is an increasing need for more land and resources such as energy and transportation. But, private property rights are equally important, especially in Texas, and must be protected as well. Eminent domain and the condemnation process is not a willing buyer and willing seller transition; it is a legally forced sale. Therefore, it is necessary to consider further improvements to the laws that govern the use of eminent domain so Texas landowners can have more assurance that this process is fair and respectful of their private property rights when they are forced to relinquish their land. This report compiles statutes and information from the other forty-nine states to illustrate how they address key eminent domain issues. Further, this report endeavors to provide a neutral third voice in Texas to strike a more appropriate balance between individual’s property rights and the need for increased economic development. This report breaks down eminent domain into seven major topics that, in addition to Texas, seemed to be similar in many of the other states. These categories are: (1) Awarding of Attorneys’ Fee; (2) Compensation and Valuation; (3) Procedure Prior to Suit; (4) Condemnation Procedure; (5) What Cannot be Condemned; (6) Public Use & Authority to Condemn; and (7) Abandonment. In analyzing these seven categories, this report does not seek to advance a particular interest but only to provide information on how Texas law differs from other states. This report lays out trends seen across other states that are either similar or dissimilar to Texas, and additionally, discusses interesting and unique laws employed by other states that may be of interest to Texas policy makers. Our research found three dominant categories which tend to be major issues across the country: (1) the awarding of attorneys’ fees; (2) the valuation and measurement of just compensation; and (3) procedure prior to suit.
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Securing Rights, Combatting Climate Change: How strengthening community forest rights mitigates climate change. Rights and Resources Initiative, August 2014. http://dx.doi.org/10.53892/chet6628.

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The international community agrees on the urgent need to reduce greenhouse gas emissions from deforestation and forest degradation. With 13 million hectares of forest cleared every year, such efforts are critical to curbing climate change before it reaches a dangerous tipping point. But we are missing a vital opportunity to combat climate change—strengthening the land and resource rights of Indigenous Peoples and local communities whose well-being is tied to their forests. This publication analyzes the growing body of evidence linking community forest rights with healthier forests and lower carbon dioxide emissions from deforestation and forest degradation. It presents a compelling case for expanding and strengthening community forest rights based on evidence drawn from comparative studies, advanced quantitative research, case studies, and original deforestation and carbon analyses by the World Resources Institute. The findings center on examples from 14 forest-rich countries in Latin America, Africa, and Asia. Together, these countries contain about 323 million hectares of government-recognized community forest —68 percent of the estimated total in all low- and middle-income countries—as well as large areas of community forests without legal or official recognition. Our analysis focuses on the links between legal community forest rights (or lack thereof), the extent of government protection of those rights, and forest outcomes.
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