Dissertations / Theses on the topic 'Land disputes'
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1
Tesfaye-Aragaw, Berhanu. "Contested land : land and tenancy disputes in Gedeo, southern Ethiopia (1941-1974)." Thesis, SOAS, University of London, 2009. http://eprints.soas.ac.uk/29292/.
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This dissertation investigates land and tenancy disputes in Gedeo, southern Ethiopia, between 1941 and 1974. Such disputes were a deeply entrenched feature of Ethiopian land tenure systems until the revolution, and despite its importance the subject has not received the attention it deserves. Based on local court archival documents and oral interviews, the dissertation seeks to understand how these conflicts shaped agrarian relationships in Gedeo during this crucial period. The study highlights how differential access to resources created disharmony within Gedeo. It not only contributed to the proliferation of disputes but also eroded community cohesion, one of the consequences of which was that when Ethiopia was invaded by Italy in 1935 it was too divided and weak to defend itself effectively from external aggression. The post-liberation period was a formative time in the history of Gedeo. During this time the gabbar system was gradually replaced by landlord-tenant relationships. There was significant economic development largely due to the increasing importance of the coffee trade, but also land and tenancy disputes became a dominant feature of this period. Although land disputes were common in many other parts of Ethiopia, tenancy disputes in the south are described in the existing literature as distinctive from those in northern Ethiopia. The existing works mainly discuss tenancy relationships in the south from an ethnic perspective. This factor might have exacerbated the rivalries; however, it was not the main factor. This dissertation argues that competition for available resources was at the heart of the problem. The increased polarisation of landlord-tenant conflict continued to damage agrarian relationships. The inability of the government to deal with the problem made the situation worse and as a result tenants were obliged to find alternative ways to express their grievances. In February 1960 when the Michele uprising erupted the government rushed to intervene with the heavy use of security forces. Nevertheless the tenancy problem did not show sign of improvement until it was resolved finally and fundamentally by revolutionary means in 1974.
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Di, Giminiani P. "Ancient lands, contemporary disputes : land restoration and belonging among the Mapuche people of Chile." Thesis, University College London (University of London), 2011. http://discovery.ucl.ac.uk/1137966/.
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This thesis addresses the phenomenon of land restitution among native people, which has emerged as a central issue within the broader context of State-indigenous people relations in the last two decades. By focusing on idioms of land and place among the Mapuche people of Southern Chile, it approaches land restitution as a process in which two different understandings of the meanings associated with ancestral land, one of Mapuche people and the other one of the Chilean State, are brought together. This encounter is characterised by both unresponsive attitudes by functionaries working within the bureaucratic and legal framework and by genuine misunderstandings on the significance of ancestral land for the Mapuche people. More specifically, divergences are centred on the issue of cultural continuity between Mapuche residing in rural communities and the dwellers of the demanded ancestral land. By following the implications of the idiom of tuwün, as the specific geographical location of the origins for each Mapuche person, this thesis illustrates how the significance of ancestral land coexists with ambivalent feelings of distance towards the ancestry. The relation between Mapuche people and their locality is central to the analysis of land claims. In this thesis, the claim made by Mapuche people that their ancestral place of origins is both a given element of the individual and a necessary condition in order to be Mapuche will not be taken as a discursive articulation of identity. Rather, by focusing on both the relation between human and non-human components of the local environment and the significance of the tuwün as a potential determination of Self and Otherness at different levels, the local ethnography will unambiguously point at the salience of the relation between Mapuche residents and their local surroundings.
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Vestin, Linnéa, and Jonathan Molund. "Administration of land problems and disputes in peri-urban areas surrounding Gaborone, Botswana." Thesis, Högskolan i Gävle, Avdelningen för Industriell utveckling, IT och Samhällsbyggnad, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:hig:diva-17084.
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Abstract Peri-urban areas experience many land related problems and disputes because of rural-urban migration and increasing demand in land. The purpose of this thesis is to identify and describe the land problems and their related disputes that exist in two peri-urban areas surrounding the capital of Botswana, Gaborone. Two land boards administering these areas are studied in order to draw conclusions if there are any improvements that can be made to make the administration of land more effective. The methods used in this thesis include: a literature review on previous made research to gain sufficient background and knowledge in the subject and a multiple case study to identify the most occurring land problems and how these are handled in the villages of Mogoditshane and Tlokweng. The case study included qualitative interviews with land board officers and experts within the studied subject. The result from the literature review and the case studies shows similar result when it comes to land problems faced in Mogoditshane and Tlokweng. Common problems such as illegal occupations and multiple transfers lead to disputes over the right to land. The administration of handling these problems differ between the studied land boards as well as the approaches to resolving disputes that arises. For instance in Tlokweng they patrol the village in order to reveal illegal occupations. In the same land board they have also adopted the approach with alternative dispute resolution to reduce number of disputes entering the legal process. It seems that one of the main causes for the land problems that occur in these areas is poor record keeping. Besides the improvements regarding record keeping, that is already in progress, this study has reached the conclusion that there are several measures that can be taken to make the management of land problems and related disputes more effective. The problem with shortage of land, which is another cause for land problems, could be reduced by an effective and unanimous land allocation process. Further we believe that by training both officers and board members in alternative dispute resolution methods and adopting an approach to try to resolve disputes before becoming a legal matter, will reduce costs as well as save time in the land administration.
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Almanza, Alcalde Horacio. "Land dispossession and juridical land disputes of indigenous peoples in northern Mexico : a structural domination approach." Thesis, University of East Anglia, 2013. https://ueaeprints.uea.ac.uk/48039/.
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This thesis looks at land disputes and the dispossession of Rarámuri communities in northern Mexico by examining the way dominant groups shape the structural conditions for land appropriation and its perpetuation over time. This is pursued by exploring the link between the Rarámuri communities’ decision-making power and their potential to resists land dispossession. The research contributes to a better understanding of the wide variety of dominant actors’ tactics behind juridical dispossession of indigenous landholders with ancestral ties to the land. Archive research and interviews regarding Rarámuri communities’ agrarian and juridical disputes over the 20th century provided empirical evidence to interpret dominant actors’ discourses and practices. These obscure indigenous communities’ land claims, while legitimating, normalising and allowing development-led land appropriation through the use of notions of progress, rule of law and political representation. While the lowest levels of Human Development in indigenous regions in northern Mexico have been found in the Tarahumara mountain range, development discourses and practices tend to neglect historical, relational and political perspectives of development-induced land displacement, thus, invisibilising structural inequalities and perpetuating land dispossession. The structural domination approach aims at the identification of the main structural conditions that indirectly constrain the Rarámuri’s efforts to protect their property or landholding rights from local and external elites engaged in development initiatives. Group dominance and subordination is thus highly influenced by groups’ constructed attributes and, therefore, by the position different groups occupy in the social structure. Archive research and interviews concerning Rarámuri communities’ agrarian and juridical disputes over the course of the 20th century revealed domination mechanisms for land dispossession. The thesis argues that these tactics undermine the Rarámuri’s decision-making power and, consequently, their potential to resist unwanted development interventions. I conclude that, in contrast to brokerage, self-determining practices have been shown to be more effective for securing and defending indigenous land.
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Shimada, Stephen. "EU-US airplane subsidy disputes : Airbus vs. Boeing." Thesis, University of Warwick, 2012. http://wrap.warwick.ac.uk/54056/.
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The core issues of this thesis are the EU-US airplane subsidy disputes, which are market-share driven, political-economic conflicts of interest, arising from the duopoly competition between Airbus and Boeing in the fourteen-year period from 1997 to 2011. The Airbus vs. Boeing dispute case is characterized by the complexity of the dispute - the largest ever to go before the World Trade Organization (WTO) in Geneva. The thesis focuses on government subsidy disputes between two big political and economic powers – the EU and the US – through an in-depth analysis of both sides of the arguments. With duopoly in the large commercial airplane industry, new insight can be gained through better understanding of potential net welfare gain or loss from having two competitive manufacturers competing against each other in a free marketplace. The legal issues are the core narratives of this thesis. Use of the case study enables us to better understand how these two corporate players, markets, and government policies make the difference in terms of economic outcomes. Hence, it is an effective means of addressing key problems in the real world of the large commercial airplane industry. The value added of this thesis comes from the contribution to scholarly research and practice by placing the Airbus vs. Boeing case study at the core of its political-economic debate on government subsidy issues. Therefore, the main theoretical framework of this study is state-business relationships, which explore different approaches in the EU and the US while recognizing that there are some differences between EU member states of Airbus. The study explains how the Airbus vs. Boeing case will be used, - and how it will be located within the wider theoretical and disciplinary perspectives of statebusiness relationships, based on the concepts developed by Susan Strange with some reference to the ‘varieties of capitalism’ debate by Peter Hall and David Soskice. The political-economic differences across the states are captured by the concepts advanced in the ‘varieties of capitalism’ debate, while both the statebusiness relationships and the ‘varieties of capitalism’ approach were used to understand the individual corporate variations of Airbus and Being’s different business models. This study also investigates the political-economic implications of European competition policy, and the politics associated with it. The core of the subsidy dispute is about the relationship between the state and business in the context of the world trading system. The World Trade Organization (WTO) plays a critically important role by offering a dispute settlement mechanism - specifically as to what kind, and how much, aid a state can legally give to a business enterprise.
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Wabe, Mamo Hebo. "Land, Local Custom and State 'Laws' : A Study of Land Tenure Systems and Land Disputes Settlements among Arsii Oromo, Southern Ethiopia." 京都大学 (Kyoto University), 2004. http://hdl.handle.net/2433/147917.
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Kyoto University (京都大学)0048
新制・課程博士
博士(地域研究)
甲第10992号
地博第9号
新制||地||3(附属図書館)
UT51-2004-G839
京都大学大学院アジア・アフリカ地域研究研究科アフリカ地域研究専攻
(主査)助教授 重田 眞義, 教授 島田 周平, 助教授 木村 大治
学位規則第4条第1項該当
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Peeples, Jennifer Ann. "Place and identity as rhetorical tactics in locally unwanted land use disputes /." Thesis, Connect to this title online; UW restricted, 2000. http://hdl.handle.net/1773/8214.
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Smith, Randal Carson. "The struggle to control dispute proceedings in Southern Rhodesia, 1930 - 1970, with special reference to the lower courts." Thesis, SOAS, University of London, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.264916.
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Forsythe, Heather L. "Conflict in the countryside, agricultural land use disputes in Kings County, Nova Scotia." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape17/PQDD_0022/MQ36441.pdf.
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Rockwell, Sarah M. "Alternative techniques for resolving land use disputes : two case studies in Denver, Colorado." Thesis, Massachusetts Institute of Technology, 1985. http://hdl.handle.net/1721.1/77514.
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Thesis (M.C.P.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning, 1985.MICROFICHE COPY AVAILABLE IN ARCHIVES AND ROTCH.
Bibliography: leaf 90.
by Sarah M. Rockwell.
M.C.P.
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Bond, Allison. "The resolution of cross-cultural disputes : a case study of the Yukon land claim negotiations." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26194.
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An analysis of the characteristics of cross-cultural disputes leads to principles upon which the resolution of these disputes should be based. These principles are: having the primary goal of creation and maintenance of long-term working relationships, accounting for the parties affected, addressing the whole dispute, building trust, and undertaking empathic dialogue.We can look at existing dispute resolution mechanisms and determine the extent to which the principles of cross-cultural dispute resolution can be incorporated, given the particular structure of a form of legal decision-making. Using the Yukon land claim negotiations as an example, the principles for cross-cultural dispute resolution can assist in the analysis of different processes.
By using the principles as a basis for a dispute resolution mechanism, cross-cultural disputes can be more effectively resolved. A dispute resolution mechanism that accounts for the characteristics of a culturally plural society benefits the whole society by ensuring more effective communication between cultures and communities, and better relationships over the long term.
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Fox, Lorna. "Co-owners, co-occupiers, co-habitees : the role of policy in disputes between creditors and non-debtor occupiers." Thesis, Queen's University Belfast, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.343055.
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Arrah, Moise Oneke. "A Gift of Nature and the Source of Violent Conflict: Land and Boundary Disputes in the North West Region of Cameroon The Case of BaliKumbat and Bafanji." Diss., NSUWorks, 2015. https://nsuworks.nova.edu/shss_dcar_etd/109.
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Balikumbat and Bafanji are the names of two villages in the Northwest Region of Cameroon that have been warring against one another over Bangang, a tract of fertile land. The conflict hinges on perceived differences about who should have access to this fertile land. Both villages claim ownership. This conflict has persisted from colonial times to the present with no tangible resolution. Understanding the place of land within the political, social, and economic fabric of the lives of both villages prior to and after the arrival of the colonial administration is the centerpiece of this research endeavor. This study sheds light on why the conflict persists. The land tenure decree of 1973, which was later promulgated into Cameroon law in 1984, is the most recent attempt at resolving disputes over land. It did not resolve this conflict. A clash of cultures between the indigenous population and the European colonizers may have triggered a legacy of land conflict between these two communities. This study unravels and seeks to explain when the Balikumbat and Bafanji villages transitioned from being two loving neighbors, capable of sharing their use of and kinship to the land, to hostile enemies ready to fight and kill one another at the earliest opportunity. In this study, interviews, observations, journal intakes, field notes, as well as document reviews, are pivotal tools used in justifying the claims highlighted in the research.
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Liang, Linxia. "Civil procedure in the Qing Magistrate's Court : illustrated with reference to land and debt disputes (1644-1911)." Thesis, University of Aberdeen, 2001. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU150492.
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This study, drawing mainly on the Qing law and Baodi case records during nineteenth century, supplemented by reference to collections of magistrate's decisions and handbooks, aims to describe the civil procedure of the last dynasty of imperial China, the Qing in terms of the performance of the magistrate's court in solving land and debt cases. It argues that the establishment of the relevant laws on both procedural and substantive issues was systemized in the Qing logic in the sense that magistrates were enabled to solve land and debt disputes and petitioners were enabled to seek help from legal institutions. In some aspects, the law was either drafted too widely, such as in the case of physical injury, or too ideally, such as in the case of false accusation. As a result allegations of physical injury and untrue accusation were very often found in land and debt cases. As for solving land and debt cases, the magistrate in the first place followed the letter of the law when there was an applicable statutory provision. However, the magistrates' purpose in hearing a case was to distinguish right and wrong. (fenbian quzhi) and deliver justice (pingyun) to the parties; so the facts (qing) and the law (fa) were both completely considered (qing fa liang jin). When there was a gulf between the law and the case, which was sometimes unavoidable, the real meaning or principle of the law was applied. In this sense, the magistrate enjoyed a large discretion by taking into account the specific circumstances before making a decision (zhun qing zhuo li). Zhun qing zhuo li expresses a principle governing the application of the law. It is not a flexible tool allowing the magistrate to decide as he wished. In most circumstances the letter of the law was not lacking. Decisions turning on zhun qing zhuo li were very rare. In any event several limitations were established on the magistrates' discretion.
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Moody, Eric M. "Landmines on the table : a negotiations analysis of the global campaign to ban landmines /." [Gainesville, Fla.] : University of Florida, 2008. http://purl.fcla.edu/fcla/etd/UFE0022903.
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Rifai, Amzulian. "Socio-legal aspects of land disputes in relation to oil palm plantation activities : the case of South Sumatra." Monash University, Faculty of Law, 2002. http://arrow.monash.edu.au/hdl/1959.1/7638.
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Al-Zahrani, Hussain Attiyah. "Peaceful modes of defining international boundary disputes with particular reference to the practice of the Kingdom of Saudi Arabia and its neighbouring states regarding the settlement of their land boundary disputes." Thesis, University of Hull, 2002. http://hydra.hull.ac.uk/resources/hull:5644.
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[From the introduction] The main purpose of this thesis is to analyse and assess the practice of Saudi Arabia and its neighbouring states with regard to the settlement of their land boundary disputes in the light of the principles of international law. To this end, it will first try to discuss the evolution of the Saudi boundaries along with the acquisition of the Saudi territory and to determine the basic factors responsible for the land boundary disputes between the Kingdom of Saudi Arabia and its neighbouring states. Secondly, it will evaluate the peaceful methods which have been applied by Saudi Arabia and its neighbours in settling their boundary disputes. This study, however, does not extend to examine the settlement of Saudi Arabia's maritime boundaries with its neighbouring states. The reason for this is that the thesis focuses on international land boundaries, and to include maritime boundaries would broaden the subject and make it difficult to provide a proper discussion within the constraints of a PhD thesis. This is especially so as there are 10 states which share maritime boundaries with Saudi Arabia.
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Moss, Daniel R. "Evaluating the use of mediation to settle land use disputes : a look at the Provincial Facilitator's Office of Ontario." Thesis, Massachusetts Institute of Technology, 1997. http://hdl.handle.net/1721.1/68784.
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Pappa, Marianthi. "The unbalanced protection of private rights in land and maritime delimitation : the necessity of an equilibrium." Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=237933.
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Дяченко, Ю. О. "Правове регулювання вирішення земельних спорів в Україні." Master's thesis, Сумський державний університет, 2019. https://essuir.sumdu.edu.ua/handle/123456789/77074.
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Магістерську роботу присвячено комплексному аналізу сучасних теоретичних і практичних проблем правового регулювання вирішення земельних спорів. Проведено історико-правовий аналіз становлення й розвитку законодавства щодо вирішення земельних спорів. Відповідно до виявленої сутності, властивих ознак та притаманних особливостей земельних спорів і з урахуванням нових критеріїв пропонується їх класифікація. Аналізується співвідношення судового й позасудового порядків вирішення земельних спорів, розглянуто й обґрунтовано переваги кожного з них. Вирішення земельних спорів визначається як найголовніша гарантія забезпечення земельних прав, оскільки належне їх вирішення поновлює порушені права суб’єктів земельних правовідносин, гарантуючи тим самим реалізацію їхніх земельних прав і інтересів.Магистерская работа посвящена комплексному анализу современных теоретических и практических проблем правового регулирования разрешения земельных споров. Проведен историко-правовой анализ становления и развития законодательства по решению земельных споров. Согласно выявленной сущности, присущих признаков и характерных особенностей земельных споров и с учетом новых критериев предлагается их классификация. Анализируется соотношение судебного и внесудебного порядка разрешения земельных споров, рассмотрены и обоснованно преимущества каждого из них. Решение земельных споров определяется как гарантия обеспечения земельных прав, поскольку надлежащее решение восстанавливает нарушенные права субъектов земельных правоотношений, гарантируя тем самым реализацию их земельных прав и интересов.
The master's thesis is devoted to a comprehensive analysis of contemporary theoretical and practical problems of legal regulation of the settlement of land disputes. Historical and legal analysis of the formation and development of legislation on the settlement of land disputes. According to the revealed essence, inherent features and inherent features of land disputes and taking into account new criteria, their classification is proposed. The relation between the judicial and extrajudicial procedures of settlement of land disputes is analyzed, the advantages of each of them are considered and substantiated. Settlement of land disputes is defined as the most important guarantee of securing land rights, since their proper resolution restores the violated rights of the subjects of land legal relations, thus guaranteeing the realization of their land rights and interests.
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Saeni, Fredrick Dear. "Customary land ownership, recording and registration in the To'abaita Region of the Solomon Islands." Diss., Lincoln University, 2008. http://hdl.handle.net/10182/869.
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Customary land ownership, recording and registration are complex issues in the Solomon Islands. At present, 87% of the land is held under customary laws. Almost all (some 99%) of the land held under customary law is not surveyed, recorded or registered to the tribes. Customary land disputes have been inhibiting rural development initiatives, which is partly responsible for the ill-being of the people. The Family Tree Approach (FTA) is a process being used within the To'abaita region of the Malaita Province to help address problems in the dilemmas of land ownership, land disputes, land recording, land registration and rural development in land held under customary laws in To’abaita. The FTA is a blend of indigenous epistemology, modern practices and Christian principles. Indigenously, the tribes identify with their land by tracing their origins through genealogies, historical narrations, tribal epics and chants, shrines and properties. Rev. Michael Maelia’u, a Church Minister and a former Parliamentarian, promotes the FTA. The FTA has four pillars (principles) – recognition, reconciliation, recording and registration – which are covered within five sequential phases. For instance, recognition is done in phase one of the process, enabling all members of a tribe to recognize each other. Reconciliation is part of the process, promoting forgiveness and acceptance of tribal members. Recording is an important pillar of the FTA, as its role is to produce documents that will be accepted by the law. Research results show that land registration is also a pillar of the FTA; once customary land is registered to the tribes, land disputes will be resolved, thereby enabling sustainable rural development that improves the people’s well-being. The FTA, however, is currently not formally recognized in the country. It has been used by 12 of approximately 20 tribes within the To'abaita region. Some of the To'abaita tribes have not adopted the FTA for various reasons. The FTA has enabled the disintegrated generations to recognize or identify with one another. It enables public recognition of existing tribes, tribal genealogies, tribal tales, tribal epics, the tribal iii shrines, and the tribal land. Reconciliation has been carried out at both intertribal and intra-tribal levels. The FTA enables identification of people who are residing on land and utilizing resources they do not have a right to. It makes people aware of their roots or the land of their origin, which would then lead to reduced land disputes that constrained development initiatives and the well-being of the people. The results, however, indicated that the FTA has problems either in the approach itself or in its management. It is incapable of achieving its objectives (reducing land disputes, enable rural development, enable tribal land registration, and resettling land that was wrongly acquired). People have split perception of the FTA and the legislation; this therefore reduces potential motivation that is needed to advance the approach. Results of the research also indicated that no proper and serious documentation has been done, despite knowing that it is one of the pillars. In To'abaita, gender and culture are contributing issues, which cause difficulties to the FTA. Also, the FTA lacked financial support. Those that have experience with the FTA believe that the FTA objectives need to be made known to promote motivation to the illiterate people of To'abaita. Adequate communication of issues to improve the FTA is essential. Forming a committee that oversees the design and management of the FTA is necessary for its improvement, and adequate financial support will bring the FTA forward. Chief empowerment by the legislation is essential to enable the FTA to achieve its objectives in the future.
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Bashar, Gado Zuhair M. "Conflict Resolution and Reconciliation in Sudan: Inter-Tribal Reconciliation Conferences in South Darfur State up to 2009." Thesis, University of Bradford, 2013. http://hdl.handle.net/10454/6335.
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This study explores and critically examines the role of indigenous mechanisms (the Inter-Tribal Reconciliation Conferences-ITRCs) in resolving tribal conflicts in South Darfur State of Western Sudan. The fundamental question raised by this study is: have these reconciliation conferences- 1989-2009- been able to address the root causes of the tribal conflicts and are they capable of serving the same role that they once did?
Tribal leadership structures, such as Native Administration (NA) and their mechanisms of conflict resolution/management in Darfur, have been subjected to highly significant changes over time. The question is to what extent these changes further fuelled tribal conflicts and/or have negatively affected the capability of the NA and the ITRCs to deal with these conflicts?
This thesis relies on archive records and reports of the ITRCs and data generated through interviews conducted with key informants. Through a detailed analysis the study: 1) presents a detailed account of the major conflicts and their causes in South Darfur; 2) identifies the changing identities of the protagonists and of the perceived causes; 3) assesses the effectiveness of the agreements reached by these conferences when considered alongside the causes identified.
Analysis of the ITRCs shows that tribal conflicts in Darfur (from1980s), and South Darfur in particular, were connected to the wider political conflict in the Sudan and the region respectively. The analysis suggests that the history of neglect/marginalisation of the region by successive governments, and the political manipulation of the NA and local government, have negatively affected the performance of these institutions. The experience of the ITRCs indicates that they were unable to address the underlying causes of the tribal conflicts, such as land disputes, the manipulation of the NA and local government, rape and mass killings.
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Bashar, Gado Zuhair Mohammedi. "Conflict resolution and reconciliation in Sudan : inter-tribal reconciliation conferences in South Darfur State up to 2009." Thesis, University of Bradford, 2013. http://hdl.handle.net/10454/6335.
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This study explores and critically examines the role of indigenous mechanisms (the Inter-Tribal Reconciliation Conferences-ITRCs) in resolving tribal conflicts in South Darfur State of Western Sudan. The fundamental question raised by this study is: have these reconciliation conferences- 1989-2009- been able to address the root causes of the tribal conflicts and are they capable of serving the same role that they once did? Tribal leadership structures, such as Native Administration (NA) and their mechanisms of conflict resolution/management in Darfur, have been subjected to highly significant changes over time. The question is to what extent these changes further fuelled tribal conflicts and/or have negatively affected the capability of the NA and the ITRCs to deal with these conflicts? This thesis relies on archive records and reports of the ITRCs and data generated through interviews conducted with key informants. Through a detailed analysis the study: 1) presents a detailed account of the major conflicts and their causes in South Darfur; 2) identifies the changing identities of the protagonists and of the perceived causes; 3) assesses the effectiveness of the agreements reached by these conferences when considered alongside the causes identified. Analysis of the ITRCs shows that tribal conflicts in Darfur (from1980s), and South Darfur in particular, were connected to the wider political conflict in the Sudan and the region respectively. The analysis suggests that the history of neglect/marginalisation of the region by successive governments, and the political manipulation of the NA and local government, have negatively affected the performance of these institutions. The experience of the ITRCs indicates that they were unable to address the underlying causes of the tribal conflicts, such as land disputes, the manipulation of the NA and local government, rape and mass killings.
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Fonmanu, Keresi Rokomasi. "Dispute resolution for customary lands in Fiji /." Connect to thesis, 1999. http://eprints.unimelb.edu.au/archive/00001051.
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Rose, Laurel L. "The politics of harmony : land dispute strategies in Swaziland /." Cambridge ; New York ; Port Chester : Cambridge university press, 1992. http://catalogue.bnf.fr/ark:/12148/cb37402392t.
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Galstyan, Hrant. "Disputed Land, Disputed Lives : Transnational and regional coverage of the humanitarian situation in Nagorno-Karabakh in the 2020 war." Thesis, Stockholms universitet, JMK, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-196550.
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This study examines the media coverage of the humanitarian situation in Nagorno-Karabakh during a war in the region in 2020. Drawing on the theoretical framework of humanitarian journalism, it first looks at the attention given to the issue within the daily coverage of the war, then turns to explore patterns in the narration of the past events and present situation in feature stories. Two transnational and two regional news outlets are analysed (The Guardian and Al Jazeera, Sputnik and Hürriyet), which all address a global audience through English, but represent different journalistic traditions, are based in countries with diverse involvement in the conflict and proximity to its parties, and have received different amount of attention in the research of humanitarian journalism. The results suggest that the humanitarian crisis in the region received little attention in general within the daily coverage of the war. People of the region were cited rarely in the reports on their condition and were largely absent from the news photographs too. They were depicted in feature articles mostly through their experience of fighting, limiting the diverse contexts of their lives. Although geographical, political and cultural proximity is argued to have affected the reporting by regional outlets, similarities and differences across the two groups were observed too.
27
Unruh, Jon Darrel 1958. "Land tenure and the peace process in Mozambique: The role of land dispute resolution in "critical resource" areas." Diss., The University of Arizona, 1997. http://hdl.handle.net/10150/282497.
Full textAbstract:
The recent 16 year civil war in Mozambique dislocated approximately six million people (primarily small-scale agriculturalists) from land resources to which they are now returning and re-claiming; comprising the largest return and re-integration of refugees and displaced persons in the history of Africa. The UN expects to continue its resettlement activities in Mozambique until the year 2000. However re-access to land resources is problematic due to overlapping land claims stemming from the reforming state land tenure system, including a reformulating land law. Land concessions are being granted from different ministries at the national, provincial, and district level with no coordination, enforcement, or mechanisms to resolve competing claims between smallholders and concessionaires. Disputes over land resources between participants in a national versus customary tenure system, and the inability of the two to connect in terms of how such disputes are resolved in ways that are viewed as secure and legitimate (and therefore respected) by participants in both systems, can have especially serious repercussions in periods of recovery from armed conflict. The intersection of land tenure system (including formal and customary "laws") and identity is crucial in this regard. This dissertation examines the role "critical resource" tenure following Mozambique's war, and how the conflict between reformulating customary and state land tenure systems aggravates the 'disconnect' between state and customary identities, and works against the peace process underway in the country. In the wake of the Somalia debacle, the UN and the international community are compelled to examine new operational modalities that specifically address the issues that can jeopardize a peace process. This dissertation makes the argument that land tenure in critical resource areas following armed conflict is such a problematic issue, and that attention to this issue needs to become an integral part of the peace process in societies where agriculture is fundamental to recovery.
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Feliciano, Carlos Alberto. "Território em disputa: terras (re)tomadas no Pontal do Paranapanema." Universidade de São Paulo, 2009. http://www.teses.usp.br/teses/disponiveis/8/8136/tde-03022010-160739/.
Full textAbstract:
O Pontal do Paranapanema é um território em disputa. Assim foi desde sua ocupação baseada na expropriação indígena, na grilagem de terras e no desmatamento. Na atualidade a disputa está na luta entre as classes sociais envolvidas na região. Por um lado têm-se as terras historicamente tomadas indevidamente e ilegalmente, que estão sob o domínio dos fazendeiros; por outro as terras que foram retomadas por um processo de luta e que estão sob o domínio dos camponeses, territorializadas através dos assentamentos rurais. Há ainda uma grande parcela de terras em disputa judicial, movida principalmente pela pressão dos movimentos camponeses para que o Estado cumpra as determinações que a lei lhe compete, ou seja, discriminar e retomar as terras que são de patrimônio público. Somente com as ações dos movimentos sociais através das ocupações de terras, principalmente em meados da década de 90 do século XX, que o Estado procurou redefinir a destinação das terras públicas. Os acordos realizados entre Estado e fazendeiros, permitiu tanto a (re)produção do campesinato, na forma de assentamentos rurais, como dos fazendeiros ao indenizar benfeitorias que se converteram em valores próximos ao preço de mercado, possibilitando assim a compra de terras para outras regiões brasileiras. Na tese, revelamos o lento processo discriminatório e os entraves jurídicos na obtenção e julgamento dessas áreas griladas por fazendeiros e hoje questionadas pelos inúmeros movimentos camponeses existentes no Pontal do Paranapanema.The Pontal do Paranapanema is a disputed territory. It has been this way through processes of indigenous expropriation, the falsification of land titles and aggressive deforestation. At present, the dispute is centered on struggle between social classes involved in the region. On the one hand, there is the historically traceable and unquestionably illegal process of falsifying titles to take land, lands which are clearly under the control of the landlord class. On the other, there are lands that have been retaken through a process of struggle, lands now under peasant control, territorialized as agrarian reform settlements. In the meantime, large numbers of tracts remain mired in judicial proceedings, disputed for by peasant movements, pressuring the State to honor the law it is charge to fulfill by retaking lands that are part of the public patrimony. It has only been through the direct action of social movements, principally the occupation of lands during the middle period of the 1990s that the State sought to redefine the final use of public lands. Accords reached between the State and landlords contributed to (re)producing both the peasantry, through the establishment of agrarian reform settlements, and landlords, through near-market indemnity payments made for improvements on falsely titled public lands, enabling them to buy land in other regions of Brazil. This dissertation examines the slow land title discrimination process and the legal barriers encountered in the struggle to adjudicate and obtain areas falsely claimed by landlords and today questioned by the innumerous peasant movements active in the Pontal do Paranapanema.
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Ramutsindela, Maano Freddy. "Reconstructing the post-apartheid state : disputed spaces in Northern Province, South Africa." Thesis, Royal Holloway, University of London, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.313414.
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Russo, Alyce M. (Alyce Marie). "Secure tenure production : a land dispute resolution process for Paraisópolis, São Paulo, Brazil." Thesis, Massachusetts Institute of Technology, 1989. http://hdl.handle.net/1721.1/77336.
Full textAbstract:
Thesis (M.C.P.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning, 1989 and (M.S.)--Massachusetts Institute of Technology, Dept. of Civil Engineering, 1989.Includes bibliographical references.
by Alyce M. Russo.
M.S.
M.C.P.
31
Kahveci, Alexandra Elizabeth. "Promoting alternative dispute resolution in the Massachusetts Land Court : current perceptions and use." Thesis, Massachusetts Institute of Technology, 2018. http://hdl.handle.net/1721.1/118072.
Full textAbstract:
Thesis: M.C.P., Massachusetts Institute of Technology, Department of Urban Studies and Planning, 2018.Cataloged from PDF version of thesis.
Includes bibliographical references (pages 53-57).
The Massachusetts Land Court is overburdened. More than 15,000 new cases are filed each year, with the even more cases carried over from previous years. Each emotionally taxing case can cost litigants between $50,000- $150,000 to try, with no guarantee of winning. One promising option that would relieve the overload, reduce the cost to litigants, and give them control over the outcome is Alternative Dispute Resolution (ADR). This is an approach to resolving disputes that allows parties to find mutually beneficial agreements with the help of a neutral mediator. The Land Court already has an ADR program - and has since 1999. But the program is underutilized and it is not clear why that is the case. Despite unanimous support for ADR among mediators, Land Court judges, and attorneys, less than 1% of cases that go through the Court are mediated. I find that the Massachusetts Land Court ADR program is perceived as "second-class justice" - less desirable than a trial. A lack of understanding about ADR and its value, a perception that the costs of mediation not worth the service, and emotional factors emerged as the key barriers to wider use of mediation in Land Court cases. I make recommendations for each of the involved parties. For the courts, I recommend reinstating an in-court ADR program (rather then sending cases to external mediators) and giving judges and clerks more responsibility for addressing litigants' misperceptions of ADR. For legislators, I recommend increasing ADR-specific funding for the Land Court. For attorneys, I suggest ensuring that all of their clients fully understand how ADR can improve their prospects, and bringing their clients with them to case management conferences or a similar court-tracked meeting. And lastly, for mediators, I recommend providing in-court screening of cases for the possibility of mediation and establishing long-term professional relationships with judges. Thesis
by Alexandra Elizabeth Kahveci.
M.C.P.
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BARRETO, Cláudia Gonçalves Paes. "Renda fundiária, legislação urbanística, disputa de usos de solo: A transformação da Avenida 17 de Agosto em eixo comercial ao longo da última década." Universidade Federal de Pernambuco, 2013. https://repositorio.ufpe.br/handle/123456789/17709.
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Em 2001 aprovou-se a Lei dos Doze Bairros (LDB), elaborada para desacelerar a verticalização nos bairros do Derby, Espinheiro, Graças, Aflitos, Jaqueira, Tamarineira, Parnamirim, Santana, Poço da Panela, Casa Forte, Monteiro e Apipucos, denominados Área de Reestruturação Urbana (ARU). Essa área sempre figurou entre as localizações de grande interesse do setor imobiliário, onde a produção habitacional para o mercado privilegiado do Recife se plasmou em crescente processo de verticalização iniciado no final da década de 1970. Acredita-se que a aprovação da LDB tenha provocado, por um lado, a fuga do capital imobiliário para os bairros vizinhos à ARU e, por outro lado, a multiplicação de estabelecimentos comerciais em seus principais eixos viários, sendo o mais notável o caso da Avenida 17 de Agosto. A hipótese desta pesquisa é que a legislação urbanística, na medida em que impôs limites à reprodução do capital, alterou a hierarquia das rendas potenciais do solo, desencadeando um fenômeno de disputa de usos ao longo daquela avenida. O objetivo é analisar a transformação da Avenida 17 de Agosto em eixo comercial ao longo da última década à luz da Teoria da Renda da Terra Urbana. A partir dessa teoria se pode entender a disputa de usos do solo como reflexo da imbricação competitiva das rendas fundiárias, onde o uso que se impõe corresponde àquele que gere a maior renda ao proprietário fundiário. Portanto, a análise enfoca, por um lado, o impacto da LDB no setor imobiliário, através da comparação da viabilidade construtiva entre terrenos lindeiros àquela avenida e supostos lotes nos bairros vizinhos; por outro lado, o impacto sobre os proprietários fundiários, através da análise da imbricação competitiva das rendas fundiárias, na comparação entre a renda do comércio, representada pelo aluguel comercial praticado ao longo da avenida, e a renda gerada pela produção habitacional, representada pelo percentual de permuta por área construída. A análise mostra que a LDB provocou a migração do capital imobiliário, como uma ação das empresas construtoras na busca da produção de sobrelucro. Por sua vez, o comportamento do proprietário fundiário mostrou-se passivo: a destinação do imóvel ao comércio resulta da anulação da especulação latente outrora mantida pela alta valorização do solo para a produção habitacional, bem como do potencial daquela avenida como ponto comercial. A análise revela também que a renda fundiária do comércio apenas começa a superar a renda da produção habitacional onze anos após a aprovação da LDB, segundo os valores dos aluguéis praticados a partir de 2012. A principal conclusão do estudo é que a disputa de usos do solo vista como a imbricação competitiva de rendas fundiárias é o reflexo de duas lutas distintas. Por um lado, a renda da produção imobiliária representa a luta entre o capital imobiliário e o proprietário fundiário. Por outro lado, a renda fundiária do comércio representa a luta entre o capital comercial e o proprietário fundiário. Em ambas, o comportamento do proprietário fundiário é parasitário, reflete a essência da renda fundiária: o monopólio da terra.
In the year 2001 it was passed the urban law known as “the twelve neighborhoods’ law” (LDB), developed to decelerate the vertical building process in the neighborhoods of Derby, Espinheiro, Graças, Aflitos, Jaqueira, Tamarineira, Parnamirim, Santana, Poço da Panela, Casa Forte, Monteiro e Apipucos, named altogether as “urban restructuring area” (ARU). This area had always been one of the most valuable to the dwelling promotion industry, where the production to the prime market of Recife unleashed an increasing vertical building process by the end of the 1970 decade. We believe the passing of that law caused, on one hand, the migration of the dwelling production capital to other neighborhoods, and, on the other hand, the multiplication of shops and stores along the main avenues of the ARU, amongst all the “17 de Agosto” Avenue case is the most remarkable one. The leading hypothesis of this research is that the urban law, by imposing limits to the reproduction of capital, changed the potential land rent hierarchy, unleashing a dispute of land use along that avenue. The main goal is to analyze the transformation of that avenue in to a commercial axis over the last decade under the perspective of the urban land rent theory. From this point of view one can understand the land use dispute phenomena as a reflection of the competitive imbrication of the different land rents, where the imposing land use corresponds to the one that generates the biggest amount of land rent to the land owner. Therefore, the analysis focus, on one hand, the impact of the LDB on to dwelling production sector, by comparing the constructive potentiality of plots along that avenue and plots in other neighborhoods; on the other hand, the impact on to the land owners’ behavior, through the analysis of the competitive imbrication of land rents, by comparing the land rent generated by the commerce use (the commercial rent value along the avenue), and the potential land rent generated by the dwelling production activity (as the percentage of building area permute). The analysis shows that the LDB caused the migration of the dwelling production capital, as an action of the construction companies in the sake of extraordinary surplus production. Meanwhile, the land owners’ behavior turned out to be absolutely passive: disposing the property to the commerce use is a result both of the annulation of the latent speculation environment once kept by the high land value concerning the dwelling production market, and the avenue’s potential as a commercial point. The analysis also reveals that the commerce use land rent begins to overcome the dwelling production land rent only eleven years after the passing of the LDB, concerning the commercial rent values charged in the present year of 2012. The main conclusion of this research is that the land use dispute seen as the competitive imbrication of land rents is the reflection of two distinct disputes. On one hand, the dwelling production rent represents the dispute between the dwelling producer capitalist and the land owner. On the other hand, the commerce land rent represents the dispute between the merchant capitalist and the land owner. In both disputes, the behavior of the land owner is a parasitic one; it reflects the essence of the land rent concept: the land monopoly.
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Chowdhury, Rokeya. "Land dispute resolution in the Chittagong Hill Tracts: caught between liberalism and legal pluralism." Thesis, McGill University, 2013. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=114612.
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This thesis highlights how the indigenous people (Jummas) in the Chittagong Hill Tracts (CHT), Bangladesh survived with their distinct identity despite land and resource alienation over a century. This survival makes the CHT a field of legal pluralism, where the Jumma land title and community ownership has retained space competing with state imposed discriminatory laws. I argue that the state law regime in the CHT is based on the hegemony of Bangalee nationalism rather than legal pluralism. The ineffectiveness of the Land Dispute Resolution Commission for over a decade is directly linked to the non-recognition of legal pluralism and a bias for assimilation. The state is systemically depriving the Jummas from their land and resources and relying on liberalist claim of autonomy and equal worth of citizens for justification. Given the legal and constitutional framework of the country the pluralistic claims of the Jummas for control over land and resources are always weighed against these principles. Therefore, the study assesses what the state has to offer for legal pluralism operating within a liberal framework. By analyzing different tenets of liberalism the study concludes that liberalism can at best offer a lesser form of legal pluralism; as it avoids recognition of collective rights at any cost. Collective rights are central to the Jumma land tenure and identity. Therefore, the thesis does not suggest any definitive steps for placing Jumma land rights within the liberal framework. Rather it stresses for a dialogue between the two separate national identities and legal traditions in the context of historical deprivation of the Jummas.Cette thèse souligne la façon dont la communauté indigène (Jumma) dans les monts de Chittagong (Chittagong Hill Tracts – CHT), au Bangladesh, a maintenu une identité distincte malgré l'aliénation des terres et des ressources de ses membres durant plus d'un siècle. La survie de cette identité fait des CHT un champ de pluralisme juridique, où le titre foncier et la propriété communautaire jumma ont conservé un espace qui est en concurrence avec des lois discriminatoires imposées par l'État. J'argumente que le régime législatif de l'État appliqué dans les CHT est fondé sur l'hégémonie du nationalisme bangladais plutôt que sur le pluralisme juridique. L'inefficacité de la Commission des règlements des différends territoriaux, en anglais (LDRC) est directement liée à la non-reconnaissance du pluralisme juridique et à une tendance à l'assimilation, durant plus d'une décennie. De façon systémique, l'État prive les Jumma de leurs terres et ressources sous prétexte d'instaurer l'autonomie et l'égalité du droit selon l'idéologie libéraliste. Compte tenu du cadre législatif et constitutionnel du pays, les revendications pluralistes des Jumma pour le contrôle de leurs terres et ressources sont toujours soupesées contre ces principes. Ainsi, cette étude évalue ce que l'État peut offrir pour que le pluralisme juridique opère dans un cadre libéral. Par l'analyse des différents principes du libéralisme, cette étude conclut que le libéralisme peut, tout au mieux, offrir une forme atténuée de pluralisme juridique, comme elle évite la reconnaissance des droits collectifs à n'importe que prix. Les droits collectifs sont au cœur de l'occupation des terres et de l'identité des Jumma. Ainsi, cette thèse ne suggère aucune mesure définitive pour inclure les droits fonciers de Jumma dans le cadre libéral. En revanche, elle insiste sur la nécessité d'un dialogue entre les deux identités nationales distinctes et les traditions juridiques dans le contexte de privation historique des Jumma.
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Рулев, М. С. "Система разрешения земельных споров в России: традиции и инновации." Thesis, Українська академія банківської справи Національного банку України, 2009. http://essuir.sumdu.edu.ua/handle/123456789/59859.
Full textAbstract:
На всем протяжении развития российского государства
в жизни
общества важнейшую роль играли земельные правоотнош
ения. Частью
указанных отношений как раз и является право на отс
таивание и защиту
своих интересов в ходе споров, объектом которых все
гда будет земля.
Поэтому, в условиях продолжающегося формирования ро
ссийской правовой
системы, исследование истории разрешения земельных
споров необходимо
для дальнейшего совершенствования действующих право
вых норм.
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Montminy, Joëlle. "The search for appropriate dispute resolution mechanisms to resolve aboriginal land claims : empowerment and recognition." Thesis, University of British Columbia, 1996. http://hdl.handle.net/2429/30322.
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Different dispute resolution mechanisms, including treaties, litigation, negotiation and, to a lesser extent,
mediation and arbitration, have been employed to resolve land disputes in Canada over the centuries. Since 1973,
the federal government has unilaterally developed and reviewed land claims policies which favour negotiation to
resolve land claims between governments and First Nations, Further, two regional institutions were created in
Ontario and British Columbia to facilitate the resolution of these complex claims. Various processes have also been
used to resolve similar claims in New Zealand and Australia.
The problems associated with the present land claims processes in Canada have been discussed for more than
twenty years. The purpose of this thesis is to analyze the appropriateness of the various dispute resolution
processes which are, or could be, employed to resolve the land question in Canada. The search for dispute
resolution mechanisms suitable to resolve land claims is undertaken in light of the two basic characteristics of the
relationship of the parties to these disputes: the cultural differences, and the imbalance of power between the
parties. The first chapter of my thesis examines the history of land claims policies and processes in Canada,
discusses the historical relationship between Aboriginal peoples and governments, and explores the main
assumptions, premises, values and beliefs held by the parties involved in Aboriginal disputes, and the dynamics of
their relationship. The following three chapters discuss specific dispute resolution processes which have been
employed to resolve the land question in Canada. At the end of each of these chapters, suggestions are made to
improve these various processes. Chapter Two analyzes the advantages and disadvantages of litigation in the
context of Aboriginal land cases. Chapter Three examines the process of negotiation, with a focus on the federal
government’s policies on land claims. Chapter Four discusses the processes of mediation and arbitration, and
considers the appropriateness of these mechanisms to resolve land claims in Canada. Chapter Five provides a
comparative look at three institutions which have been created to resolve Aboriginal claims in New Zealand,
Australia and Canada: the Waitangi Tribunal of New Zealand; the National Native Title Tribunal of Australia; and
the British Columbia Treaty Commission. Finally, Chapter Six identifies the essential elements which must be
present for dispute resolution mechanisms to be successful in the Aboriginal land claims context and integrates
these basic principles into a general model of dispute resolution for Canada.
In the course of my research, I have examined literature dealing with alternative dispute resolution (ADR), the
resolution of Aboriginal claims, and on Aboriginal law generally. Throughout this thesis, I have used different
methods of research and analysis. The critical approach is used to question the self-professed legitimacy and
fairness of some dispute resolution processes, as well as to examine the theoretical underpinnings of various
processes for cultural biases. The comparative method is helpful in analyzing different institutions that have been
created in Australia, New Zealand and British Columbia to resolve Aboriginal claims. Finally, considering that
the field of dispute resolution is informed by a wide variety of disciplines, the interdisciplinary approach is used to
present different propositions concerning which dispute resolution mechanisms are the most appropriate to resolve
Aboriginal land claims based on anthropological, historical, sociological and political variables. One of the
difficulties in trying to find appropriate dispute resolution mechanisms to deal with Aboriginal land claims is to
accommodate the diversity of the approximately 633 First Nations in Canada. Another difficulty relates to the fact
that most of the ADR literature rarely addresses the issue of cultural differences.
This thesis concludes that the various dispute resolution mechanisms studied have both advantages and
disadvantages for resolving the land question in Canada. I suggest that each mechanism has a role to play in the
overall process of resolving Aboriginal land claims as long as it accommodates the cultural diversity and ensures
that all concerned have a voice in designing the process(es) employed to resolve land disputes. This thesis also
recommends the creation of an independent land claims body which would provide the benefits of third-party
intervention while avoiding the deficiencies of the present judicial system. Objectives would be to reduce costs,
expedite procedures, permit flexibility in the handling of polycentric problems, maximize the involvement of the
parties in the process and outcome, and facilitate the production of a settlement which contributes to future
harmonious relationships between Aboriginal and non-Aboriginal society. The most important element remains
that discussions about possible changes to the existing processes should occur between governments in partnership
with the First Nations of Canada, and in consultation with non-Aboriginal interests.Law, Peter A. Allard School of
Graduate
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Schneider, Gerhard. "Land dispute and tradition in Munda, Roviana Lagoon, New Georgia Island, Solomon Islands : from headhunting to the quest for the control of land." Thesis, University of Cambridge, 1996. https://www.repository.cam.ac.uk/handle/1810/272425.
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Bunte, Pamela, and Robert Franklin. "Testimony of Pamela Bunte and Robert Franklin." University of Arizona Libraries, Special Collections, 2014. http://hdl.handle.net/10150/316428.
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Wächter, Felix. "An investigation of the South African land reform process from a conflict resolution perspective." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1272.
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This research study aims to investigate the South African Land Reform process from a conflict resolution perspective. According to Burton’s basic human needs theory deep-rooted social conflict will occur wherever social institutions neglect universal basic human needs. Excess to land and land tenure are considered basic human needs because they provide landowners with food, shelter and security. In absence of an extensive welfare state, land ownership fulfils the role of a social safety network, particularly in African countries. Consequently, an equal distribution of land is needed in order to enable the majority of South Africans to fulfil their basic human needs. The instrument chosen for correcting the inequalities in land distribution are the three components of the South African land reform programme namely tenure reform, restitution and redistribution. The South African Land Reform Programme was largely influenced by the World Bank’s ‘Willing-Seller Willing- Buyer’ or ‘Negotiated Land Reform Approach’. Nevertheless, the South African model differs from the original concept by the World Bank in some aspects. The outcome of the Land Reform Process is analysed and evaluated by the on-going evaluation approach. All sources used in this research are open to the public and published either on official websites or in hard cover version in reports and articles. The results of this investigation indicate that the target of redistributing 30% of white-owned agricultural land by the year 2014 is not going to be accomplished. Nevertheless, the settlement of claims can be considered a success story although most of the claims were settled by means of cash compensation instead of actual land transfer. Furthermore, a change in the land acquisition policy from a demand-led approach based on the negotiated land reform principle towards a more static, state-led, top-down approach has been identified as well as shortcomings in the post-settlement support of new landowners. To put it briefly, the land reform process in toto is about to fail and a chance of reducing the enormous conflict potential given away. Furthermore, the conflict potential will increase due to the failures in providing the poor and rural masses with access to land.
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Havens, William Michael 1946. "Intercultural dynamics of the Hopi-Navajo land dispute: Concepts of colonialism and manifest destiny in the Southwest." Thesis, The University of Arizona, 1995. http://hdl.handle.net/10150/278480.
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Territorial growth of Indian lands under American domination seems to be inconsistent with the expressed goals of a dominant society and is certainly inconsistent with the patterns reflected in the relationships between Indian communities and the United States. How is it that in this atmosphere fueled by the desire to take land from Tribes the Navajo Nation grew from 3.5 million acres in 1868 to over 16 million acres (a 358% increase) while their neighbors, the Hopis, lost over 40% of their original reservation land and most other tribes, as well, have lost much of their traditional use areas? This research attempts to answer these questions while testing the theory that Navajo expansion has been through a unique form of colonialism driven by a religiously rooted sense of Manifest Destiny. The results should provide insights for historians, practitioners of Indian Law, political scientists, and tribal leaders.
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Silva, Tatiane Karine Matos da. "Conflitos pela terra na Gleba Ponte Queimada: experiências de disputas por terras em narrativas (1960-1972)." Universidade Estadual do Oeste do Paraná, 2016. http://tede.unioeste.br:8080/tede/handle/tede/1724.
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Previous issue date: 2016-04-28Conselho Nacional de Desenvolvimento Científico e Tecnológico
This paper discusses the dynamics of conflicts over land in a border region from the squatter experiences in disputes over land in Gleba Bridge Burned, in the municipality of Santa Helena, Paraná, between 1960 and 1972. We seek to analyze the practices through several narratives that permeated clashes between squatters and landowners in two spaces of said Gleba, one in Finance Rimacla and the other in Corner Blue Sky community. From this perspective, we are interested in realizing the possibilities and positions built by squatters who had to deal with these conflicting processes, which resulted in his expulsion from places where hitherto lived. We emphasize, therefore, the pressures that permeated their lives, violence and insecurity, as well as prepare their stories about those disputes
Este trabalho problematiza as dinâmicas de conflitos por terras em uma região de fronteira a partir das experiências de posseiros em disputa pela terra na Gleba Ponte Queimada, localizada no município de Santa Helena, Paraná, entre 1960 e 1972. Buscamos analisar as práticas, por meio de narrativas diversas, que permearam embates entre posseiros e proprietários de terras em dois espaços da referida Gleba, um na Fazenda Rimacla e o outro na comunidade de Esquina Céu Azul. Nessa perspectiva, interessa-nos perceber as possibilidades e posicionamentos construídos pelos posseiros que tiveram que lidar com estes processos conflituosos, os quais resultaram em sua expulsão dos lugares em que até então viviam. Enfatizamos, assim, as pressões que permeavam suas vidas, a violência e a insegurança, bem como elaboram suas narrativas acerca daquelas disputas
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Giribet, Bernat Isaac. "Um novo jeito de organizar. A nova organicidade em/do Movimento; Luta pela terra, Luta na terra e Identidade Sem Terra na área de influência da Brigada Salvador Allende-MST (Paraná, Brasil)." Doctoral thesis, Universitat de Lleida, 2012. http://hdl.handle.net/10803/94145.
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El treball es centra en l’estudi de la nova forma d’organització interna amb que s’ha dotat el Moviment dels Treballadors Rurals Sense Terra - MST, representada en el territori per les conegudes com a ‘brigades’; en concret es tracta del cas de la Brigada Salvador Allende, que té el seu radi d’actuació en la Regió Nord-oest de l’estat meridional de Paraná.
Els treballs de camp en assentaments i campaments, ens han permès dimensionar de quina manera la nova forma d’organització ha suposat un increment en el grau d’implicació i de participació de les famílies Sense Terra, i com d’aquest fet se’n deriva un augment significatiu en el grau de qualificació dels processos antagonistes que el MST protagonitza contra l’avanç del projecte capitalista per a l’agricultura brasilera.
Ambdós models entren en conflicte al intentar implementar, en uns mateixos territoris, els respectius projectes de societat; ja sigui per continuar dedicant grans extensions de terra a la ramaderia bovina i al cultiu de canya de sucre o per reconvertir-les en petites explotacions familiars on es produeix aliments saludables.El trabajo se centra en estudio de la nueva forma de organización interna con que se ha dotado el Movimiento de los Trabajadores Rurales Sin Tierra - MST, representada en el territorio por las conocidas como ‘brigadas’; en concreto se trata del caso de la Brigada Salvador Allende, que tiene su rayo de actuación en la Región Noroeste del estado meridional de Paraná. Los trabajos de campo en asentamientos y campamentos, nos han permitido dimensionar de que manera la nueva forma de organización ha supuesto un incremento en el grado de implicación y de participación de las familias Sin Tierra, y como de este hecho se deriva un aumento significativo en el grado de cualificación de los procesos antagonistas que el MST protagoniza contra el avance del proyecto capitalista para la agricultura brasileña. Los dos modelos entran en conflicto al intentar implementar, en unos mismos territorios, los respectivos proyectos de sociedad; ya sea para continuar dedicando grandes extensiones de tierra a la pecuaria bovina y al cultivo de caña de azúcar o para reconvertirlos en pequeñas explotaciones familiares donde se producen alimentos saludables.
The work focuses on studying the new form of internal organization that the Movement of Landless Rural Workers – MST has adopted, that is represented in the territory by what is known as the 'brigades', in particular, the case of the Brigade Salvador Allende, which has its strongest performance in the Northwest Region of the southern state of Parana. The field work in settlements and camps, has allowed us to dimensionate which is the new form of organization has led in to an increase in the degree of involvement and participation of landless families, and as of this fact results in a significant increase in the degree of qualification of the adversarial process that the MST stars against the advance of the capitalist project for Brazilian agriculture. The two models are in conflict cause they are trying to implement, in the same territories, the respective projects of society, either to continue to devote large tracts of land to livestock cattle and the cultivation of sugar cane or converting them into small family farms where they produce healthy food.
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Venturelli, Ricardo Manffrenatti. "Terra e poder: as disputas entre agronegócio e a resistência camponesa no sudoeste paulista: uma abordagem sobre o uso de terras públicas." Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/8/8136/tde-26112013-125318/.
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A luta pela terra é um processo inegável na historia do Brasil. Desde o saque gerado pelos portugueses às terras indígenas, e em sua trajetória também, a um sem número de camponeses, sempre foi marcada pela extrema violência e pelas forças díspares empregadas. Procurando entender os determinantes de um episódio ocorrido em 2009, conhecido como Caso Cutrale, quando integrantes do MST ocuparam uma unidade desta empresa, localizada entre os municípios de Iaras e Borebi, demonstrando o litigio sobre as terras legitimadas pelos movimentos sociais como passiveis de reforma agrária, uma vez que há evidências que se tratam de terras públicas, ficou clara a necessidade de investigar os condicionantes de tal manifestação, que repercutiu perante a sociedade através de um posicionamento parcial da mídia nacional, e com atuação questionável do judiciário. A terra é sinônimo de poder às elites brasileiras, e assim, é importante desdobra-se sobre o papel da terra na configuração das relações de poder e lutas de classes, principalmente após a sua transformação em mercadoria após 1850. Para tal, investigar os processos de ocupação da localidade, desde os levantamentos sobre a existência de terras devolutas, bem como a aquisição de terras através de dividas pelo Governo Federal no inicio do século XX, que lhe dá o caráter de terra publica é a chave inicial de reflexão. E como uma praxe nefasta presenciada em todo Brasil, essas terras não ficaram alheias às ações de grilagens. Logo, entender os processos que transformaram essas terras em palco de lutas e disputas, bem como a esperança de muitas famílias em ter seu pedaço de chão para plantar é que determinam as diretrizes dessa pesquisa, procurando entender as discrepâncias encontradas entre os que lutam pela terra armados pela força de vontade contra aqueles que se armam de ações judiciais, da mídia e do capital. Assim, chegaremos às conclusões sobre os desdobramentos dessas disputas, em que a luta camponesa é obrigada a se deparar, em um típico processo de tentativas de destruição do campesinato.The struggle for land is an undeniable process in the history of Brazil. Since the loot generated by the Portuguese indigenous lands, and also in its trajectory, the countless peasants, has been marked by extreme violence and the disparate forces employed. Trying to understand the determinants of an episode occurred in 2009, known as \"Cutrale Case\" when members of the MST occupied a unit of this company, located between the towns of Iaras and Boreham, demonstrating the dispute over land legitimized by social movements as liable to agrarian reform, since there is evidence that these are public lands, there was a clear need to investigate the determinants of such expressions, that resonated in society by positioning part of the national media, and questionable actions of the judiciary. The land is synonymous with power to the Brazilian elites, and so it is important unfolds on the role of land in the configuration of power relations and class struggles, especially after its transformation into goods after 1850. To reach this aim, to investigate the processes of occupation of the town, from the surveys of the existence of vacant land as well as land acquisition through debt by the Federal Government in the early twentieth century, which gives the character of public land is the key initial reflection. And as a nefarious practice witnessed throughout Brazil, these lands were not the actions of others grilagens. Therefore, to understand the processes that transformed this land into a stage for fights and disputes, as well as the hope of many families to have their piece of land to plant that determine the guidelines of this research, trying to understand the discrepancies found between those who struggle for land by armed force of will against those who arm themselves from lawsuits, media and capital. Thus, we will conclude what are the consequences of these disputes, in which the peasant struggle is bound to come across in a typical process attempts to destroy the peasantry.
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Moore, Daxton H. "Who has Legal Sovereignty Over Jerusalem and which Peace Proposal has the Best Chance of Resolving the Dispute over this Symbolic Land?" Thesis, Monterey, California. Naval Postgraduate School, 2012. http://hdl.handle.net/10945/7389.
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There are four schools of thought as to who has legal sovereignty over Jerusalem, and this is one of the primary reasons why there has been no resolution to the problem. The first is that there was a vacuum of sovereignty in the wake of British withdrawal, which was filled by Israel after the first Arab-Israeli War and again as a need for self-defense after the 1967 War, the second is the idea that the Palestinians have always held legal sovereignty over Jerusalem and continue to do so today, the third thought is that Jordan still has a legal right to the eastern section of Jerusalem due to the outcome of the first Arab-Israeli War, and the fourth is that the United Nations has legal sovereignty due to the mandate that was created by the League of Nations at the conclusion of the First World War. These four claims form the basis behind the legal argument over Jerusalem and are discussed in this thesis in order to determine legal sovereignty over the city and provide the background information necessary to proceed toward a peaceful resolution. In the conclusion of this thesis, I point out that both Israel and the Palestinians have legal sovereignty of Jerusalem and therefore, joint control of the city should be pursued in the form of a type of condominium.
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Garrett, Janette. "Aspects of Crown administration and society in the county of Northumberland, c.1400-c.1450." Thesis, Teesside University, 2015. http://hdl.handle.net/10149/613542.
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This is a study of a local society and its interaction with central government observed through routine administrative systems. Although Northumberland has been the focus of detailed investigation during the late middle ages, a gap in scholarship remains for much of the first half of the fifteenth century. As England’s most northerly county, work on the relationship between provincial society, peripheries of the realm and the crown is critical to this study. This research tests assumptions that Northumberland was feudal, lawless, distant and difficult for the crown to administer. The research consists of two parts: the first is an evaluation of social structure; the second explores the administrative machine. It opens with a survey of feudal tenure. Chapter two examines the wealth of resident landholders. Chapter three outlines the genealogies of landed society and their relationship to one another as a ‘county community’. Chapter four expands on family connections to incorporate the bond of spiritual kinship. Chapter five charts the scope of social networks disclosed though the management of property, personal affairs and dispute. Chapter six considers the inquisitions post mortem (IPM) process and the impact of distance. Chapter seven discusses jurors and their place in county society. Original contributions to knowledge are made in a number of areas. The theme of spiritual kinship has not been developed in any county study of this period. Additional information concerning the county return for the 1435 subsidy on land is provided, which has previously been overlooked. The location of a copy of the escheator’s oath created in response to a statute of 1429, which has not been captured in recent studies, resolves the current ambiguity concerning the statutory requirement of an indented inquisition return.
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Rosa, Juliana Cristina da. "A luta pela terra Marãiwatsédé : povo Xavante, Agropecuária Suiá Missú, posseiros e grileiros do Posto da Mata em disputa (1960-2012)." Universidade Federal de Mato Grosso, 2015. http://ri.ufmt.br/handle/1/374.
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CAPES
O Araguaia mato-grossense fez parte da Amazônia Legal e concebida como área de expansão econômica sobre territórios considerados “vazios” por parte do planejamento de governos, sobretudo no período de Regime Militar. No entanto, sendo fronteira o Araguaia mato-grossense é o lugar de alteridade e conflito entre populações existentes que tinham domínio da terra de trabalho e migrantes que passam a tomar posse e adquirir na forma de propriedades ou terra de negócio. O encontro de diferentes agentes sócio-históricos como indígenas, posseiros, peões, grileiros, empresários, fazendeiros, comerciantes, militantes e outros e que são protagonistas da luta pela terra. Nessa região, o caso analisado envolve uma parcela dos indígenas Xavante e posseiros da Suiá e seus aliados na luta pela terra Marãiwatsédé. A origem do conflito remete-se ao processo de compra de parte do território, no qual viviam grupos da etnia Xavante, de 695 mil ha pela empresa agropecuária Suiá Missú em meados da década de 1960. A consolidação do empreendimento agropecuário resulta na deportação dos Xavante em 1966. O ano de 1992 é o ano dos grandes acontecimentos: ocorreu a devolução da área remanescente de 195 mil ha por parte da empresa estatal italiana ENI Agip Petroli aos Xavante durante a Rio 92, e no mesmo ano, políticos locais organizaram e incentivaram uma invasão da área remanescente da Suiá Missú, atraindo tanto posseiros interessados na terra para morar e plantar, como de grileiros e comerciantes de terras. A Agip do Brasil, filial brasileira da empresa, discordou da devolução e criou estratégias para vender a área remanescente da então agropecuária Suiá para que supostamente fosse realizada uma regularização fundiária através de compra de títulos ou do direito de posse. Ainda em 1992, um laudo antropológico delimitou a área que seria devolvida aos Xavante, tornou-se um instrumento de luta por ser produzido a partir da versão da história dos indígenas, através da memória do lugar como arma na luta pela terra de Marãiwatsédé. Paralelamente, os posseiros da Suiá adotaram como local de resistência o distrito do Posto da Mata, se organizaram politicamente por meio de uma associação denominada APROSUM e intensificaram a luta através de batalhas jurídicas, batalha de peritos e a batalha midiática, que” forneceram “armas” e possibilitaram a construção histórica e social de um acontecimento monstro que foi a desintrusão ocorrida em 2012. Os principais acontecimentos que entrecruzam o processo de luta pela terra de Marãiwatsédé tem como sistema de referência a concepção de terra como propriedade privada destinada ao aproveitamento econômico e fonte de desenvolvimento regional. Essa referência aparece em discursos na reunião da invasão em 1992 e nas narrativas da mídia local na desintrusão de 2012. A devolução da terra aos Xavante em 1992 e a desintrusão dos posseiros em 2012 tem como base a concepção de território tradicionalmente ocupado colocados na Constituição de 1988. Portanto, a luta pela terra Marãiwatsédé é uma luta entre diferentes concepções de uso da terra.
The Araguaia was part of the Amazon and conceived as economic expansion area on territories considered "empty" by the planning of governments, particularly in the military regime period. However, being the border Araguaia is the place of otherness and conflict between existing populations that had the field of employment land and migrants who come to take hold and get in the form of property or land deal. The meeting of different socio-historical agents as Indians, settlers, pedestrians, squatters, entrepreneurs, farmers, traders , activists and others and are protagonists of the struggle for land. In this region, the case analyzed involves a portion of the Xavante Indians and settlers of Suiá and their allies in Marãiwatsédé land. The origin of the conflict refers to the part of the buying process of the territory in which they lived groups of Xavante ethnicity, 695,000 ha by agricultural company Suiá Missú in the mid of 1960. The consolidation of the agricultural enterprise results in the deportation of Xavante in 1966. the year 1992 is the year of great events: was the return of the remaining area of 195,000 ha by the Italian company ENI Agip Petroli state to Xavante during Rio 92, and the same year, local politicians organized and encouraged a remaining area of the invasion of Suiá Missú, attracting both squatters interested in the land to live and grow, as squatters and land traders. Brazil Agip, the Brazilian subsidiary of the company disagreed with the return and created strategies to sell the remaining area of the then agricultural Suiá for a land regularization supposed to be held by purchase of securities or ownership rights. In 1992, an anthropological report delimited the area that would be returned to the Xavante, it has become an instrument of struggle to be produced from the version of the story of the natives, through the memory of the place as a weapon in the struggle for land Marãiwatsédé. In parallel, the squatters of Suiá adopted as resistance spot the Distrito Posto da Mata , organized themselves politically through an association called APROSUM and intensified the struggle through legal battles , experts battle and the media battle, which provided "weapons" and enabled the social and historical construction of a monster event which was the non-intrusion occurred in 2012. The main events that crisscross the process of struggle for Marãiwatsédé of land has as reference system the conception of land as private property intended for economic use and source of regional development. This reference appears in speeches at the meeting of the invasion in 1992 and the narratives of local media in the 2012 nonintrusion. The return of land to the Xavante in 1992 and the non-intrusion of squatters in 2012 is based on the concept of territory traditionally occupied placed in the Constitution of 1988. Therefore, the struggle for land Marãiwatsédé is a struggle between different land use concepts.
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MAIA, Cláudio Lopes. "Os donos da terra: a disputa pelo destino da fronteira - aluta dos posseiros de Trombas e Formoso 1950/1960." Universidade Federal de Goiás, 2008. http://repositorio.bc.ufg.br/tede/handle/tde/1231.
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Previous issue date: 2008-10-31In the decade of 1950 and in the first half of 1960, the middle north of Goiás was a place where occurred many fights for the land. This work seeks to discuss one of those movements which became known as the squatting fight of Trombas and Formoso. In this work it went through the various stages of that fight and it is analysed how in the process of the land dispute the squatting consolidated a group and created a common notion about the right to the land. In Trombas, the fight for the land made a group and conceived a solidarity which was mediated by the experience of the exploration lived by the peasants in the former period to their displacement for that small village of the north of Goiás. In that fight was also present the Brazilian Communist Party that by the very particular condition of its militants who were in Trombas was responsible for the consolidation of an alliance with the peasant ,structured in the claim for the land and in the consolidation of an autonomy of the movement. This work seeks to contribute with the debate on the border expansion and the capacity that the process had in Brazil to create spaces of dispute for the land by which groups and different interests were contended.
Na década de 1950 e na primeira metade de 1960, o médio norte do Estado de Goiás foi o espaço onde ocorreram várias lutas por terra. Esta tese procura discutir um destes movimentos, que ficou conhecido como a luta dos posseiros de Trombas e Formoso. Neste trabalho, percorrem-se as várias fases desta luta e analisa-se como, no processo de disputa pela terra, os posseiros foram consolidando um grupo e criando uma noção comum sobre o direito à terra. Em Trombas, a luta pela terra forjou um grupo e construiu uma solidariedade, que foi mediada pela experiência de exploração vivenciada pelos camponeses, no período anterior ao seu deslocamento para aquela pequena vila do norte goiano. Nesta luta, também esteve presente o Partido Comunista Brasileiro que, pelas condições muito particulares de seus militantes, que estiveram em Trombas, foi responsável pela consolidação de uma aliança com o camponês, estruturada na reivindicação pela terra e na consolidação de uma autonomia do movimento. Este trabalho pretende dar uma contribuição ao debate sobre a expansão da fronteira e a capacidade que este processo teve no Brasil de criar espaços de disputa pela terra, na qual se debateram grupos e interesses diferenciados.
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Sousa, Natália Adriele Pereira de. "As disputas em torno das legislações sobre a reforma da terra : restituição de direitos e os efeitos do colonialismo/ apartheid na África do Sul." reponame:Repositório Institucional da UnB, 2015. http://repositorio.unb.br/handle/10482/19830.
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Dissertação (mestrado)—Universidade de Brasília, Instituto de Ciências Sociais, Programa de Pós-Graduação em Sociologia, 2015.Submitted by Albânia Cézar de Melo (albania@bce.unb.br) on 2016-04-01T15:24:36Z No. of bitstreams: 1 2015_NataliaAdrielePereiraSousa.pdf: 1243153 bytes, checksum: c1952defd537168fe594647c97077d1b (MD5)
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As expropriações de terra chanceladas por leis foi um dos pilares do sistema de segregação racial implementado na África do Sul durante o colonialismo e o regime do apartheid (1948-1994). A reforma da terra (programa governamental de restituição/ redistribuição das terras roubadas da população negra) foi, e continua sendo, um dos principais desafios para a efetivação da democracia no país. A criação de atos foram um dos principais instrumentos utilizados pelo Estado sul-africano para lidar com os paradoxos da restituição de direitos. O governo de Jacob Zuma (2009-2014) foi marcado pela criação de novas instituições e de novos marcos legais no que tange as políticas de reforma da terra. Esta dissertação tem como objetivo analisar as disputas e controvérsias suscitadas pela criação do novo marco legal sobre reforma da terra. As disputas sobre o tema no debate público (reuniões de grupos de trabalho, reuniões do parlamento, mídia, declarações públicas) nos permitem compor os quadros ideológicos relacionados à reforma da terra, contribuindo para um melhor entendimento da dinâmica da ação política acerca da questão da terra no país. _______________________________________________________________________________________________ ABSTRACT
The land dispossession stamped by acts was one of the pillars of the segregation system implemented in South Africa during the colonialism and the apartheid (1948- 1994). The land reform (government program of restitution / redistribution of land stolen from blacks) was, and remains, a major challenge for the realization of democracy in the country. Creating acts were one of the main instruments used by the South African state to deal with the paradoxes of rights restitution. The Jacob Zuma's government (2009-2014) was marked by the creation of new institutions and new legal frameworks regarding the land reform policies. This dissertation aims to analyze the disputes and controversies arising from the creation of the new legal framework on land reform. Disputes on the topic in the public debate (meetings of working groups, meetings of parliament, the media, public statements) allow us to compose the ideological frameworks related to land reform, contributing to a better understanding of political action of the dynamics on the issue of land in the country.
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Graydon, Jody. "Aboriginal representations in the Canadian news media: A socio-semiotic analysis of the media representation of Aboriginals in the Caledonia land dispute and of its relevance for the understanding of the identity of this group in Canadian society." Thesis, University of Ottawa (Canada), 2008. http://hdl.handle.net/10393/27983.
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This thesis addresses the issue of aboriginal representations in the Canadian Broadcasting Corporation (CBC) and Canadian Television (CTV) news coverage of the Caledonia land dispute. The theoretical framework derives from the scholarly work done in the field of media and minority studies. The methodology that will be used to address the issue of aboriginal representations in the media is a socio-semiotic analysis of news clips generated by the CBC and CTV. The medium of television was selected for analysis because of its reliance on sound and image to convey meaning, which allows for a visual and a conventional textual analysis of how the aboriginal identity is represented by the media coverage of aboriginal land claim disputes. The results of this study suggest a possible biased representation of the aboriginal identity, one which is primarily based on their status as a minority within Canada.
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Hsu, Ching-Yi, and 許景鐿. "On the Disputes Concerning Urban Land Readjustment Initiated by Private Estate Owners." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/88690194373053877339.
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碩士國立臺灣大學
國家發展研究所
99
The thesis, citing a real case that occurred at Ba-Der City, Tauyuang County as an example, investigates the disputes surrounding the urban land readjustment initiated by private estate owners. The thesis is divided in 5 chapters. Chapter one explains the purpose, method employed and achievement anticipated besides reviewing the relevant literature. Chapter two introduces the whole process of urban land readjustment initiated by private estate owners, including the convention of preparatory conference, readjustment conference, and estate owners’ conference, the approval (by the municipality/county/city government) of the readjustment conclusion reached and its public announcement (by the readjustment conference), the registration (conducted by the local land administration) of the urban land readjusted, as well as the protest procedures, i.e., administrative appeal and judicial litigation, by the dissenting estate owners concerned. Chapter three explores the relevant disputes involved in the readjustment process, such as the legal effects of a readjustment conclusion reached by an illegally convened readjustment conference, the legal effects of the approval by the local government of an alleged illegal (procedurally flawed) readjustment conclusion, the legal effects of the registration (by the local land authority) of an alleged illegally readjusted land, and the legal effects of filing a protest on the readjustment process. Chapter four discusses the remedies of a procedurally flawed administrative act focusing on the Ba-Der City case. Chapter five summarizes the findings of the difficulties inherited in the current regime of urban land readjustment initiated by private estate owners and proposes some amendments.
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HUANG, SHIOU-YI, and 黃修怡. "Study on Disputes over the Individual House and Land Transactions Income Tax." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/7h2hts.
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碩士國立高雄大學
法律學系碩士班
106
Following the global financial meltdown in 2008, countries worldwide began to adopt low interest rates, while two of the world’s biggest economies, the United States and the European Union, also resorted to quantitative easing, generating enormous capital inflows into the market. With low property transaction taxes, Taiwan’s real estate market attracted large speculative funds, resulting in steep hikes in home prices that most salaried families could no longer afford. Taiwan housing justice has become a major public concern in recent years. In order to cease the social complain, Taiwan Central Government tried to keep down the price level of the domestic real estate market from further rising. Firstly, by the end of 2011 the Minister of Finance initiated the Luxury Tax policy. After that, the Central Bank promoted a series policy to restrict the mortgage coverage through credit control. Later on, the Minister of Finance brought out the tax policy of luxury residence building to attack those of house investors. However, this series of policies to intervene the domestic real estate market could only achieve the quantity control, but are unable to prevent price level of the real estate market from further rising. In response to public discontent with soaring home prices, the Legislative Yuan passed the Individual House and Land Transactions Income Tax Act, some draft amendments, The Specifically Selected Goods and Services Tax Act, Article 6-1 draft amendments on June 5, 2015, and on the 24th in the same month the president promulgated these laws coming into force since January 1, 2016. In this amending, abandoning the old system based on the principle of tax collecting efficiency, the provision of fiction price to calculate Income Tax and changed to impose from the transaction of housing and land which based on market price. It is the most significant change in recent years in the history of the tax system. With introduce the real estate tax system of Taiwan, Hong Kong, Singapore, Japan and China, understand relevant regulations of real estate tax system in these countries and compare their similarities and differences, as a reference for the future amendment of the real estate tax system. The background, regulations, and legal nature of the Individual House and Land Transactions Income Tax Act are described in order to fully understand the entire real estate tax system and the Individual House and Land Transactions Income Tax. Given that taxation is the deepest intervention in regard to people's property rights, law makers and tax colleting agencies must not explain or enforce the regulation in such a way that transcends the basic protection of people’s property rights as granted by the Constitution; nor should it transcend the legal principles of taxes. Based on the limitations and principles imposed by the Constitution on tax systems, and the basic legal principles related to tax as reference, this thesis aims to clarify whether or not the Individual House and Land Transactions Income Tax Act and the disputes over relevant regulations goes against the limitations and principles imposed by the Constitution on tax systems, and the fundamental legal principles of tax laws. It is expected that suggestions generated from the results will serve as a reference for the handling of relevant disputes or future amendments of the Act.