Journal articles on the topic 'Whether to land'
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1
Judd, Ellen R. "Land Divided, Land United." China Quarterly 130 (June 1992): 338–56. http://dx.doi.org/10.1017/s0305741000040765.
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Decollectivization and the division of land have raised questions about whether a landed basis might reappear for a contemporary reformulation of patriliny in the Chinese countryside. This article addresses these questions by examining the processes through which formerly collective land has been divided and partially brought together again in informal, nameless co-operative groupings with an apparent patrilineal tinge.
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De Schutter, Olivier. "The Emerging Human Right to Land." International Community Law Review 12, no. 3 (2010): 303–34. http://dx.doi.org/10.1163/187197310x513725.
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AbstractThis article identifies the emergence of the right to land in international human rights law, and which measures of implementation are called for to ensure the full realization of this right. In certain contexts, the right to land may be seen as a self-standing right, whether it is protected as an element of the right to property, whether it is grounded on the special relationship of indigenous peoples to their lands, territories and resources, or whether it is a component of the right to food. In other cases, the right to land may be said to be instrumental to the right to food: it is protected as an indispensable means through which people can produce food, for their own consumption or as a source of income allowing them, in turn, to purchase food. In making the case for the explicit recognition of the right to land in international human rights law, this article recalls the current pressures on land; it examines the protection of landusers in their existing access to natural resources; and it discusses whether agrarian reform may be seen as a component of the progressive realization of the emerging human right to land.
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Brunelle, Thierry, and David Makowski. "Assessing whether the best land is cultivated first: A quantile analysis." PLOS ONE 15, no. 12 (December 10, 2020): e0242222. http://dx.doi.org/10.1371/journal.pone.0242222.
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Classical land rent theories imply that the best land is cultivated first. This principle forms the basis of many land-use studies, but empirical evidence remains limited, especially on a global scale. In this paper, we estimate the effects of agricultural suitability and market accessibility on the spatial allocation of cultivated areas at a 30 arc-min resolution in 15 world regions. Our results show that both determinants often have a significant positive effect on the cropland fraction, but with large variations in strength across regions. Based on a quantile analysis, we find that agricultural suitability is the dominant driver of cropland allocation in North America, Middle East and North Africa and Eastern Europe, whereas market accessibility shows a stronger effect in other regions, such as Western Africa. In some regions, such as South and Central America, both determinants have a limited effect on cropland fraction. Comparison of high versus low quantile regression coefficients shows that, in most regions, densely cropped areas are more sensitive to agricultural suitability and market accessibility than sparsely cropped areas.
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Georgiev, Minko, and Dafinka Grozdanova. "Acquisition and inheritance of agricultural land in Bulgaria - from fragmentation towards consolidation." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 15, no. 29 (November 24, 2020): 66–84. http://dx.doi.org/10.21029/jael.2020.29.66.
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The theory of agricultural land mobility tries to answer the question whether or not it is possible to produce more and cheaper agricultural goods through land consolidation. Acquisition, inheritance, and in the Bulgarian case also the use of property of agricultural lands, are an instrument for the vertical and real/literal integration of the farmers. However, they indirectly affect the access to agricultural land.
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Kirova, Diana. "An Institutional Approach to the Analysis of the History of Agricultural Land Legislation in Bulgaria in the Period 1989-2020." Vocational Education 23, no. 5 (October 25, 2021): 462–74. http://dx.doi.org/10.53656/voc21-5.4ins.
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In this paper, the institutional approach for analysis of the history of agricultural land legislation will trace legislation changes concerning agricultural lands during the period from 1989 to the beginning of 2021. The following article aims to analyse whether evolutionary update and legislative changes achieve establishment of order and justice in reference to distribution of land resources to society - in the face of the state, in its role as an institution and whether the same it has accomplished the desired result.
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YILDIRIM, Abdulkerim. "The Problem of Whether Construction Contracts in Return for Land Shares Can Be Considered a Consumer Transaction." Ankara Üniversitesi Hukuk Fakültesi Dergisi 71, no. 3 (October 19, 2022): 1165–81. http://dx.doi.org/10.33629/auhfd.1182025.
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The Supreme Court does not accept the construction contracts in returnfor land share, which is formed by the land-owner and the contractor, as aconsumer transaction and decides that the disputes arising from thesecontracts do not fall under the jurisdiction of the consumer court. Accordingto the Court, the aim pursued by the land-owner is not to acquire a house foruse, but to evaluate the land. Seeing such contracts outside the consumertransaction is not in accordance with the definition of consumer transaction inTKHK. The judge must evaluate the situation according to each case. Thereis no doubt that the contractor acts for commercial/professional purposes inthese contracts. However, it is possible to refer a consumer transaction if theland-owner has become a party to the contract to acquire a residential/holidayreal-estate for the use of himself or his relatives. It is inconsistent with thepurpose of TKHK to distinguish between someone who acquires immovablefor residential/holiday purposes for use by paying the price to the contractor,and someone who gives his land and wants to acquire a residential/holidayimmovable in order to use it. In both cases, the parties against the contractordeserve equal protection.
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Copus, Gary D., and James McLain. "Land usage conflict in Alaska: the case of mental health lands." Polar Record 25, no. 153 (April 1989): 131–36. http://dx.doi.org/10.1017/s0032247400010433.
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AbstractIn 1956 the United States government allowed the Territory (now State) of Alaska to select 404,695 hectares of land to provide specifically for mental health services for Alaskans. State legislatures have since tried to place this land into private ownership because of the ‘highest and best use principle’ of land management. ‘Strict usage principle’ opponents have countered with legal action, the result of which is to place the land in a status where it serves neither proponent groups. The question raised by this piece of land history is whether, in a federalism such as the United States, it is possible to use land to serve dedicated social needs.
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KANEKO, Kansai. "The Controversy Concerning Whether the Pure Land is Included within the Three Worlds." JOURNAL OF INDIAN AND BUDDHIST STUDIES (INDOGAKU BUKKYOGAKU KENKYU) 45, no. 2 (1997): 755–59. http://dx.doi.org/10.4259/ibk.45.755.
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Balmford, Andrew, Rhys Green, and Ben Phalan. "Land for Food & Land for Nature?" Daedalus 144, no. 4 (September 2015): 57–75. http://dx.doi.org/10.1162/daed_a_00354.
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Opinions on how to limit the immense impact of agriculture on wild species are divided. Some think it best to retain as much wildlife as possible on farms, even at the cost of lowering yield (production per unit area). Others advocate the opposite: increasing yield so as to limit the area needed for farming, and then retaining larger areas under natural habitats. Still others support a mixture of the two extremes, or an intermediate approach. Here we summarize a model designed to resolve this disagreement, and review the empirical evidence available to date. We conclude that this evidence largely supports the second, so-called land-sparing approach to reconciling agriculture and biodiversity conservation, but that important questions remain over the generality of these findings for different biota and for ecosystem services, how best to increase yields while limiting environmental externalities, and whether there are effective, socially just, and practical mechanisms for coupling yield growth to habitat retention and restoration.
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Chama, Brian. "Economic Development at the Cost of Indigenous Land." Ethnic Studies Review 34, no. 1 (January 1, 2011): 199–210. http://dx.doi.org/10.1525/esr.2011.34.1.199.
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The notion of economic development has affected the general welfare of indigenous groups worldwide. The major conflict has been on land ownership claims on which they have occupied for many years and government quest to bring about economic development. The indigenous groups have struggled to retain their lands despite appealing to both customary and international laws. The paper argues as to whether customary law and international law are vital sources for indigenous land claims. It also presents empirical cases to land claims while making these arguments within the context of economic development.
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Janoušek, Zbyněk, Vladimír Papaj, and Jiří Brázda. "Land protection versus planned land consumption: an example of the Hradec Králové Region." Soil and Water Research 14, No. 3 (May 27, 2019): 138–44. http://dx.doi.org/10.17221/102/2018-swr.
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One of the most significant environmental problems in Europe is the land use change as a result of urbanization. The estimate of future agricultural land takes in the Czech Republic previously published in this journal is alarming; however, this is based on arbitrarily determined assumptions. Our contribution brings a more realistic assessment of the extent of expected land takes (example of the Hradec Králové Region). For this purpose, the data from the municipalities’ Planning Analytical Materials (PAM) on buildable areas (and redevelopment areas) and data on the existing expansion of built-up areas are used. Particular attention is paid to the best quality soils included in the 1<sup>st</sup> and 2<sup>nd</sup> protection class of agricultural land resources (ALR), because some municipalities located in fertile agricultural areas argue about the necessity to build up good-quality land. The Pearson correlation coefficient has been used for the evaluation to what extent the share of the soils included in the 1<sup>st</sup> and 2<sup>nd</sup> protection classes of ALR out of the total area of the municipality is really related to the share of best quality soils in planned buildable areas. The spatial statistics method ‒ geographically weighted regression (GWR) has been used to find spatial deviations from the global relationship model. There is a clear differentiation between the municipalities as to whether they are able to rather protect the best soil or whether they are planning future construction predominantly on it. E.g. in municipalities with about 30–50% of the land included in the 1<sup>st</sup> and 2<sup>nd</sup> ALR protection classes, buildable and redevelopment areas are designed from 0 to 100% for these highest classes of ALR protection. However, the total strength of the association (Pearson’s r) between these indicators is large, r = 0.80 (or r = 0.95 when “the point-index value of agricultural land” was used instead of ALR protection classes). The results of GWR show that higher deviations from the model value, both positive and negative ones, are not spatially clustered but located next to each other. Greater deviations occur more frequently in the more fertile western part of the region, where there is a higher pressure on good-quality land, which is either intended for development or protected on the basis of local factors (including spatial planning of individual municipalities). Estimation of future developments has revealed a substantial over-dimensionality of planned buildable areas – they will potentially be built up in more than 100 years.
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Klimach, Anna, and Katarzyna Bagan-Kurluta. "Installation of transmission facilities on lands covered with flowing surface water – the Polish example." Acta Scientiarum Polonorum Administratio Locorum 21, no. 2 (May 18, 2022): 209–22. http://dx.doi.org/10.31648/aspal.7425.
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The purpose of the research is to check whether it is possible to encumbrance lands covered with flowing surface water in favor of a transmission networks operator (hereinafter: transmission undertaking) by way of a transmission easement. The term ‘flowing surface water’ includes rivers and flowing lakes, which according to the Central Statistical Office occupy around 2% of Poland’s land area. These waters are located in both urban and rural areas, and the transmission infrastructure facilities involved may be constructed below ground, on the ground or in the air space above the ground. This applies to the transmission of all public utilities including but not limited to water, gas, electricity and telecommunications. The transmission undertaking should seek to acquire the right to the land to install the facilities. This article attempts to address the question of whether the land covered by flowing surface water constitutes a specific type of land which might in some way affect the possibility of establishing a transmission easement.
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Nortcliff, Stephen. "Soil and Land Evaluation." Outlook on Agriculture 17, no. 4 (December 1988): 169–74. http://dx.doi.org/10.1177/003072708801700406.
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Changes in the use of land – whether for private economic reasons or in response to government policy – demand the establishment of criteria for evaluating both its intrinsic agricultural potential and its suitability for particular uses. This article reviews the attempts that have been made to achieve objective, qualified evaluations, with special reference to the FAO's Framework for Land Evaluation.
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Wolak, Grzegorz. "Common lands within the meaning of the common lands act of 29 june 1963 – selected civil law issues." Nieruchomości@ : kwartalnik Ministerstwa Sprawiedliwości IV, no. IV (December 31, 2020): 52–81. http://dx.doi.org/10.5604/01.3001.0014.4819.
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The article will discuss the general issues related to common land - the term applied in the Common Lands Act of 29 June 1963 and its legal nature. In addition, an attempt will be made to answer the question about an entity that should be disclosed in the second section of the land and mortgage register in the case of real property being a part of the common land. Currently, land and mortgage registers may be established for common land. The question is whether it should be the common land itself or natural and legal persons entitled to hold shares therein, or maybe a company established to manage and develop such a common land. It seems that the legislator itself has been unable to deal with this issue. There are no legal acts where it would indicate directly or indirectly an entity that should be disclosed in the second section of the land and mortgage register as an owner (co-owner).
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Ashukem, lean-Claude N., and Carol C. Ngang. "Land grabbing and the implications for the right to development in Africa." African Human Rights Law Journal 22, no. 2 (January 25, 2023): 1–23. http://dx.doi.org/10.17159/1996-2096/2022/v22n2a4.
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The indispensability ofland for agriculture and the extraction of the natural resources thereon to sustain industrialisation and economic growth processes across the world have orchestrated a significant change in patterns of land ownership and use in Africa where evictions and displacement of local communities from their ancestral lands have become legion as a result of persistent land grabbing. This situation has had a concomitant negative implication for the potential of local communities in Africa to develop socio-economically and culturally, with a corresponding negative impact on their right to development. It is not clear whether the right to development enshrined in the African Charter could be relied upon to achieve Africa's development prospects, particularly with the prevalence of land grabbing across the continent. Taking land as a major contributing factor to socio-economic and cultural development, we argue that land grabbing not only contravenes but also bars prospects of making the right to development a reality for the peoples of Africa. Based on the doctrinal research methodology, we critically review the normative contents of the right to development in conjunction with other relevant provisions under the African Charter. We question whether the right to development affords prospects for socio-economic and cultural advancement in the face of land grabbing in Africa. Concerning the adverse impact of land grabbing, the article concludes that it is crucial for African states to re-think their right to development obligations and the land ownership and land use policy prerogatives relevant to protecting the livelihood sustainability interests of their peoples.
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Setiawan, Ferry. "SURAT KETERANGAN TANAH ADAT (SKT-A) OLEH DAMANG KEPALA ADAT TERKAIT PEMBUATAN SERTIPIKAT TANAH DI PROVINSI KALIMANTAN TENGAH: Pendekatan Konsep Al- adah al- Muhakkamah." JURISDICTIE 8, no. 1 (August 11, 2017): 71. http://dx.doi.org/10.18860/j.v7i3.4331.
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This journal aims to assess whether the Certificate of Indigenous Land created by Damang traditional leader can serve as a means of proof in land registration pursuant to Article 24 Paragraph (1) of Government Regulation No. 24 of 1997 on Land Registration and legal certainty for holders of the Certificate of Indigenous Land , This research is a normative legal research (Normative Legal Research) that use the approach legislation and conceptual approaches. Then assisted with legal materials will be described, described, and analyzed in relation to one another. In this study it was found that the Certificate of Indigenous Land created by Damang traditional leader based regulation Indigenous Institute Central Kalimantan can not be recognized as a means of proof in land registration as provided in Article 24 Paragraph (1) of Government Regulation No. 24 of 1997 on Land Registration. With the Certificate of Indigenous Lands can not be evidence in land registration, then it can not guarantee legal certainty for holders of indigenous land rights in Central Kalimantan.
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Yu, S., Z. Xu, W. Wu, and D. Zuo. "Effect of land use on the seasonal variation of streamwater quality in the Wei River basin, China." Proceedings of the International Association of Hydrological Sciences 368 (May 7, 2015): 454–59. http://dx.doi.org/10.5194/piahs-368-454-2015.
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Abstract. The temporal effect of land use on streamwater quality needs to be addressed for a better understanding of the complex relationship between land use and streamwater quality. In this study, GIS and Pearson correlation analysis were used to determine whether there were correlations of land-use types with streamwater quality at the sub-basin scale in the Wei River basin, China, during dry and rainy seasons in 2012. Temporal variation of these relations was observed, indicating that relationships between water quality variables and proportions of different land uses were weaker in the rainy season than that in the dry season. Comparing with other land uses, agriculture and urban lands had a stronger relationship with water quality variables in both the rainy and dry seasons. These results suggest that the aspect of temporal effects should be taken into account for better land-use management.
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Duffy, Aoife. "Indigenous Peoples' Land Rights: Developing a Sui Generis Approach to Ownership and Restitution." International Journal on Minority and Group Rights 15, no. 4 (2008): 505–38. http://dx.doi.org/10.1163/157181108x374789.
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AbstractIndigenous peoples experience some of the highest levels of poverty and marginalisation in the world. Land dispossession, forcible relocation and assimilationist programmes contributed to the destruction of indigenous peoples' social and political structures, resulting in physical and spiritual dislocation. Indigenous peoples' contemporary situation is understood by examining their historico-political and legal location, for example, colonial conquests underpinned by dubious legal doctrines, such as terra nullius and uti possidetis which crystallised European borders at decolonisation. Initially facilitating the expropriation of indigenous peoples' lands, international law has evolved to a point where accommodation of restitution is possible. Considering land as central to indigenous peoples' cultures, the article traces the process of acknowledging indigenous peoples' land rights, from the original state-centric position of denial and non-recognition, to one of gradual acceptance, catalysed by progressions in international and human rights law. The author questions whether this new era of 'partnership' and 'mutual respect' can alleviate the extreme conditions experienced by indigenous peoples worldwide, and, moreover, whether these emerging standards will adequately protect indigenous peoples' autonomy and control over their traditional lands in a time of impinging material and economic interests of states and other non-state entities.
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T.T. Duong, Mai, D. Ary A. Samsura, and Erwin van der Krabben. "Land Conversion for Tourism Development under Vietnam’s Ambiguous Property Rights over Land." Land 9, no. 6 (June 22, 2020): 204. http://dx.doi.org/10.3390/land9060204.
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The paper aims to explore the process of land conversion for tourism development in Vietnam, under the present ambiguous and insecure property rights system. Four case studies in different geographical areas were selected to analyse land conversion and land compensation for tourism projects before and after the implementation of the new land law in 2013. The findings of this study show that, in the present legal system of land and property rights, the rights of local people are not sufficiently guaranteed due to the decisive role of the State not only in defining compensation prices for land in the case of compulsory land acquisition but also in determining whether tourism projects are in the public’s interest or not (thus deciding the appropriate land conversion approach as well as affecting price negotiations). The research also found that, although a voluntary land conversion approach (when the project is not in the public’s interest), based on the 2013 Land Law, offers land users a better negotiation position and a higher compensation payment, possibly reducing land-related conflicts between the State and land users, ambiguity over property rights in fact increased due to the government’s substantial discretion to choose between ‘public purpose’ and ‘economic purpose.’ The paper concludes with questioning whether the present legal basis for compulsory land acquisition is future proof since urbanisation pressure is likely to increase, which may lead to even more land conflicts in the near future.
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Yamin, Muhammad. "THE ROLE OF NATIONAL LAND AGENCY IN ACCELERATION OF LAND REGISTRATION FOR LEGAL CERTAINTY." Nagari Law Review 1, no. 2 (April 30, 2018): 107. http://dx.doi.org/10.25077/nalrev.v.1.i.2.p.107-114.2018.
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Observing a lot of land conflicts in Indonesia which is constantly increasing, and followed by the rapidly growing populations that caused the demand for land will also increase automatically. While the number of the available land is limited (not increasing). This condition will surely causes problems on controlling and ownership of the land. This research aims to identify the factors which causes conflict (dispute) of land, by doing inventory to the lands which is owned by the community (whether it is registered or not registered). From this temporary research result, it is known that, the implementation of the land registration in Deli Serdang district (the research location) has not happened as expected. It can be seen from the number of land which has not been registered, this condition will certainly trigger conflicts or disputes in society, both ownership boundary disputes, control of illegal land (arable land), inheritance disputes, etc. Certificate ownership mostly only exist in urban area. The lack of interest by the community to join the land registration is due to various of reasons, which is: 1) the community do not recognized the purpose of land registration, 2) the cost is expensive, 3) the management is convoluted, 4) the community feels that it is not a necessary to do it, 5) arable land. In this research, the role of National Land Agency (NLA) as the organizer of land registration has not been surely prominent, it is visible that the NLA office is more passive, which is only waiting for the arrival of the owner land to register their lands, NLA should be more involved in land registration and followed by socialization, counseling for the community. As well for the land disputes which is in the region of the Land Office until this moment is currently unfinished and still having a lot of problems, in order to achieve the above purpose, Deli Serdang Land Office has taken steps by empowering all the existing abilities, it has been a huge duty for Land Office, by remembering there will be more and more usage and utilization in the future, while the available land is limited, and hoping that the community will be motivated to registered their lands for achieving the legal certainty.
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Jung, Martin, Jörn P. W. Scharlemann, and Pedram Rowhani. "Landscape-wide changes in land use and land cover correlate with, but rarely explain local biodiversity change." Landscape Ecology 35, no. 10 (September 19, 2020): 2255–73. http://dx.doi.org/10.1007/s10980-020-01109-2.
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Abstract Context There is an ongoing debate whether local biodiversity is declining and what might drive this change. Changes in land use and land cover (LULC) are suspected to impact local biodiversity. However, there is little evidence for LULC changes beyond the local scale to affect biodiversity across multiple functional groups of species, thus limiting our understanding of the causes of biodiversity change. Objectives Here we investigate whether landscape-wide changes in LULC, defined as either trends in or abrupt changes in magnitude of photosynthetic activity, are driving bird diversity change. Methods Linking 34 year (1984–2017) time series at 2745 breeding bird survey (BBS) routes across the conterminous United States of America with remotely-sensed Landsat imagery, we assessed for each year what proportion of the landscape surrounding each BBS route changed in photosynthetic activity and tested whether such concomitant or preceding landscape-wide changes explained changes in bird diversity, quantified as relative abundance (geometric mean) and assemblage composition (Bray–Curtis index). Results We found that changes in relative abundance was negatively, and assemblage composition positively, correlated with changes in photosynthetic activity within the wider landscape. Furthermore, landscape-wide changes in LULC in preceding years explained on average more variation in bird diversity change than concomitant change. Overall, landscape-wide changes in LULC failed to explain most of the variation in bird diversity change for most BBS routes regardless whether differentiated by functional groups or ecoregions. Conclusions Our analyses highlight the influence of preceding and concomitant landscape-wide changes in LULC on biodiversity.
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Ige, Victor Olutope, Rasidat Adejoke Oladapo, and Michael Adedayo Adebayo. "Land Titling Patronage in Cities of Developing Countries: A Situation Analysis of Akure, Nigeria." Real Estate Management and Valuation 30, no. 1 (March 1, 2022): 23–33. http://dx.doi.org/10.2478/remav-2022-0003.
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Abstract The increasing land-use intensity in developing-country cities necessitates land markets supported by active land titling. The study of land titling patronage is critical in a developing country like Nigeria, where the state of development necessitates determining who has rights to lands, for what purposes, and for how long on the available relatively scarce expanse of land. Data for the study was obtained from the Ondo State Ministry of Lands and Housing and the household heads of the purposive selected private layouts/estates within the study area. Data were analyzed using both the Mann-Kendall test and Sen’s slope estimates as well as discriminant function analysis. The findings revealed a monotonously decreasing trend in the demand for titling in the study area which was statistically significant at 0.01 in decreasing order from 2009 to 2018. Further analysis showed that the education level of the head of the household as well as propensity to obtain loan/engage in the subsequent transactions were the most important determinant as to whether a landowner would title land or not. The study will be useful for public enlightenment, policy formulation, policy implementation, professionals and scholars, as well as in academic debates.
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Geisler, Charles, and Essy Letsoalo. "Rethinking Land Reform in South Africa: An Alternative Approach to Environmental Justice." Sociological Research Online 5, no. 2 (September 2000): 80–88. http://dx.doi.org/10.5153/sro.496.
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Worldwide, millions of rural people inhabiting marginal lands have been evicted from their homes in the name of conservation. Africa is no exception, nor is South Africa, the focus of this paper. Our central concern is whether land reform in South Africa can accomplish both social and environmental justice in a context of widespread and longstanding human displacement and opportunity costs as the country's national parks and game refuges expand. The costs of ecological expropriation are illustrated, as are instances from other countries where land reform simultaneously serves social and environmental objectives. Recommendations are advanced for greening South Africa's land reform without sacrificing its social and economic missions.
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Hunt, Len M. "Exploring the availability of Ontario's non-industrial private forest lands for recreation and forestry activities." Forestry Chronicle 78, no. 6 (December 1, 2002): 850–57. http://dx.doi.org/10.5558/tfc78850-6.
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Privately owned forest lands contribute significant amounts of land for wood supply and recreational opportunities in various parts of Canada including areas within Ontario. The decisions that landowners make about permitting various activities on their lands can impact resource managers and current and potential users of forested environments. In this study, the willingness of Ontario's non-industrial private forest landowners to conduct forest harvesting and to permit hunting and wildlife recreational opportunities is examined. The study explores whether the willingness of landowners with large-sized landholdings (i.e., minimum 20 ha) is influenced by characteristics that describe the private lands and the owners of these private lands. The results show that trends towards land parcelization, afforestation and loss of agricultural lands may impact the availability of lands for forest harvesting and hunting. The models also suggest that northern Ontario landowners may make different decisions about conducting forest harvesting or permitting hunting on their lands than do southern Ontario landowners. Key words: non-industrial private forest landowners, forest harvesting, hunting, wildlife viewing, land parcelization
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Birdthistle, Naomi, Antoinette Flynn, and Susan Rushworth. "From Syria to the Land Down Under – the Land of Opportunity?" International Journal on Minority and Group Rights 26, no. 1 (December 9, 2019): 116–37. http://dx.doi.org/10.1163/15718115-02601002.
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Ethnic entrepreneurship has emerged as an economic, societal, and political panacea to the growing number of refugees on the move across the globe. Employing the 2014 World Economic Forum framework, this article seeks to explore the Australian entrepreneurship ecosystem, to determine whether it is enabling migrants and/or refugees to become entrepreneurs with a focus on Syrian refugees. At its core, the Australian entrepreneurship ecosystem is comparatively strong in terms of human capital, accessible markets, and finance. Even within the three ‘core’ characteristics of the ecosystem, the Australian ecosystem falls short when examined through the lens of refugee entrepreneurs. Recommendations under the 2014 World Economic Forum framework are made that will assist key stakeholders in developing an entrepreneurial ecosystem.
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Ramadhani, Rahmat, and Rachmad Abduh. "Legal Assurance of the Land Registration Process in the Pandemic Time of Covid-19." Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences 4, no. 1 (January 17, 2021): 348–58. http://dx.doi.org/10.33258/birci.v4i1.1612.
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Circular work from home for land office employees needs to be examined whether there is a change in the mechanism in legal certainty of land registration during the Covid-19 pandemic, whether the process of measuring land and signing witnesses whose land borders comply with health protocols outside the land office, especially in the field. The issues that will be studied are the implementation of the land registration process during the Covid-19 pandemic and legal certainty in the implementation of the land registration process during the Covid-19 pandemic. The results show that the land registration process during the Covid-19 pandemic is still the same as before this outbreak, and regarding legal certainty, there are no specific rules regarding the obligation to comply with health protocols when undergoing the land registration process, especially in the field.
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Kalyonov, S. E. "Disciplinary responsibility for the land and ecological offenses: whether requirements of the prosecutor are lawful?" POWER AND ADMINISTRATION IN THE EAST OF RUSSIA 80, no. 3 (2017): 166–72. http://dx.doi.org/10.22394/1818-4049-2017-80-3-166-172.
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Saunders, Megan I., Michael Bode, Scott Atkinson, Carissa J. Klein, Anna Metaxas, Jutta Beher, Maria Beger, et al. "Simple rules can guide whether land- or ocean-based conservation will best benefit marine ecosystems." PLOS Biology 15, no. 9 (September 6, 2017): e2001886. http://dx.doi.org/10.1371/journal.pbio.2001886.
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Bibby, J. S. "The use of land capability and land suitability classifications for planning purposes in Scotland." Geological Society, London, Engineering Geology Special Publications 4, no. 1 (1987): 203–9. http://dx.doi.org/10.1144/gsl.eng.1987.004.01.25.
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AbstractThe Department of Agriculture and Fisheries for Scotland (DAFS) have a responsibility to comment on all proposed changes of use in agricultural land in Scotland, whether this be to urban and industrial use or to forestry. The Macaulay Institute for Soil Research, through its Department of Soil Survey, has mapped the soils of Scotland, demonstrating in the process very clear links between the underlying solid and drift geology, and soil development and land use. Two series of interpretative maps have been produced, one at 1:250 000 of the entire country and one at 1:50 000 of the arable lands. These incorporate both climatic and site factors with soil type to provide a classification of agricultural potential. This work will be implemented in Scotland by DAFS as part of their planning-related functions in 1987. This paper describes the links between geology and soil maps, and the approaches taken in both land classification compilation and application. In conclusion, the basis for land suitability maps for specific purposes, now being actively developed to provide further guidance for assessing the impact of land use change in Scotland, is described.
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Mellott, Jenn, and Ruzica Ciric. "Public Interest in Merger Control: The Lay of the Land." Antitrust Bulletin 65, no. 2 (March 26, 2020): 208–26. http://dx.doi.org/10.1177/0003603x20912892.
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In recent years, regulators and politicians have raised questions about whether merger control is “fit for purpose” in the modern economy, and in particular about whether the consumer welfare standard remains the appropriate lens through which to assess transactions, or whether merger control should consider the potential impact of a transaction on broader public interest (PI) objectives, such as employment, the environment, data privacy, national security, or industrial or trade policy. Many merger control regimes globally already include a public interest component, and in thinking about whether it would be reasonable or appropriate to add or strengthen the PI component of a merger control regime, it may be helpful to look at regimes that already include a PI component to consider the ways in which this may be structured and whether these standards are likely to be successful in achieving PI aims. This piece surveys the existing merger control regimes with a PI component to identify lessons that may be useful for jurisdictions considering whether and how to expand a merger control regime to include PI.
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Petrus, Jeffrey, Jacob A. Babarinde, and Lepani Karigawa. "Analysis of Mechanisms for Sustainable Land Taxation in Lae City, Papua New Guinea." Urban Studies and Public Administration 3, no. 3 (July 2, 2020): p38. http://dx.doi.org/10.22158/uspa.v3n3p38.
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Following severe criticisms against perceived inefficiency and unfairness of land taxation system in Papua New Guinea, this paper appraises four mechanisms used for land tax assessment and tax collection in the country. The mechanisms investigated as part of a larger study are validity of previous valuation roll, determination of unimproved land value, professional acceptability of the valuation methods used, and whether planning approval had been secured for the improvements on land. The study is based on a questionnaire survey of 150 respondents, including state land leaseholders and officials of the Lands Department at Lae Municipality and the City’s Internal Revenue Commission. The hypothesis tested yields a Chi-Square Test value of 8.872 and a Probability Value (P Value) of 0.75 (75%), which is statistically significant at 0.01 level. These findings indicate that the Lae City Municipality has 75% chances of becoming sustainable in the foreseeable future, particularly if the recommendations made are thoughtfully implemented.
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Copenhaver, Kenneth Lee. "Combining Tabular and Satellite-Based Datasets to Better Understand Cropland Change." Land 11, no. 5 (May 10, 2022): 714. http://dx.doi.org/10.3390/land11050714.
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In recent years, regulatory agencies in the USA and Europe have begun to require documentation that land used to produce crops and biofuels has not been converted from carbon-capturing grasslands or forests. Precise measurement of these land cover changes, however, has proven difficult. Analysis to date has focused primarily on moderate resolution (30 m) satellite imagery, which has not provided the land cover granularity or accuracy needed. These studies have estimated large-scale land conversion to crops in the USA. This study analyzed the satellite datasets but included tabular datasets and aerial imagery of the USA to determine whether the combination of datasets, focusing on more detailed analysis in these locations, could more accurately identify potential locations of land use change. Analyses of satellite imagery data from 1985 to 2020 found that much of the land that 2008 to 2020 satellite datasets classified as natural-to-crop land change was idle cropland. The results indicate a dynamic landscape of marginal land moving in and out of cropland. Approximately as much land was allowed to go fallow (6145 hectares) as land going into crop (7901 hectares) from 1985 to 2020. The results from this study indicate regulatory agencies could more accurately measure the impacts of conversion of natural lands to crop if long-term historical land cover/land use was also analyzed.
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Dubiński, Łukasz. "Land Remediation Obligation from an Entity-Based Perspective." Teka Komisji Prawniczej PAN Oddział w Lublinie 14, no. 1 (July 21, 2022): 77–90. http://dx.doi.org/10.32084/tekapr.2021.14.1-8.
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The aim of the paper is to examine the issue of allocation of responsibility for conducting land remediation works, the aim of which is to return the land to its original state or some degree of its former baseline condition, understood as creation or restoration of utility or natural value for degraded land. Remediation is meant to stop or reverse environmental damage to soils, waters and air. The study seeks, in the first place, to determine how the obligation to remediate arises and the impacts it has. Secondly, it shall determine to what degree the obligation to remediate is allocated to a specific entity and whether it can be transferred to another entity. These considerations have been made on the grounds of applicable provisions of the Act of 3 February 1995 on the Protection of Agricultural and Forest Lands.
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Gersbach, Hans, and Lars-H. R. Siemers. "LAND REFORMS AND ECONOMIC DEVELOPMENT." Macroeconomic Dynamics 14, no. 4 (April 7, 2010): 527–47. http://dx.doi.org/10.1017/s136510050909049x.
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We examine the nexus between land transfers and human capital formation. A sequence of land redistributions enables the beneficiaries to educate their children and thus to escape from poverty. A successful land reform allows the transition of a society from an agriculture-based state of poverty to a human capital–based developed economy. We find that a temporary state of inequality among the poor is unavoidable. Finally, we discuss the political economy of land reform, whether access to land markets should be allowed for beneficiaries of land reforms, and property rights issues.
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Wilson, Ken. "Walking as Embodied Territorial Acknowledgment: Thinking about Place-Based Relationships from the Side of the Road." Performing (in) Place: Moving on/with the Land 7, no. 1-2 (January 20, 2022): 97–115. http://dx.doi.org/10.7202/1085315ar.
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This paper is a meditation on the possibilities of walking performance as an embodied territorial acknowledgement. It discusses the problems of verbal territorial or treaty acknowledgements, and asks whether embodied territorial acknowledgements might overcome those problems. It asks whether settlers walking on the land can begin to enter into a kinship relationship with it, or whether they are locked into scopophilic and extractive ways of experiencing the land and are therefore incapable of seeing themselves and the land as sharing kinship ties. The paper’s theoretical discussions are grounded in accounts of walking performances the author has made in and around Regina, Saskatchewan, a city in Treaty 4 territory.
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Eisenstadt, Todd A. "Agrarian Tenure Institution Conflict Frames, and Communitarian Identities." Comparative Political Studies 42, no. 1 (November 7, 2008): 82–113. http://dx.doi.org/10.1177/0010414008325273.
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Drawing on a survey of more than 4,000 respondents, this article argues that contrary to claims by the 1994 Zapatista insurgency, indigenous and nonindigenous respondents in southern Mexico have been united more by socioeconomic and land tenure institution variables than by ethnic identity. Based on statistical models, it concludes that in rural southern Mexico, ethnicity alone is less important in shaping peoples' attitudes than whether the dominant land tenure institutions are the “communitarian” state-penetrated ejidos (communitarian collective farms) of Chiapas or the more “individualist” so-called communal lands of Oaxaca. It concludes by affirming that—contrary to many analysts of Chiapas's 1994 indigenous rebellion—external influences (here state-established land tenure institutions) can trump ideology in framing social movements. Rural Chiapas's prevalent communitarian attitudes seem to have resulted partly from exogenous land tenure institutions (ejidos) rather than from endogenous indigenous identities alone, as claimed by Zapatistas and scholars.
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Cunha, P. R., C. Rodrigues Neto, and C. Morsello. "The effects on deforestation of conditional cash transfers: a study among the Khĩsêtjê Amazonian indigenous people." International Forestry Review 24, no. 3 (September 1, 2022): 330–44. http://dx.doi.org/10.1505/146554822835941869.
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Smallholders' contribution to Amazonian deforestation is currently increasing. In Indigenous Lands, changes in land uses might be partially due to the unintended effects of anti-poverty strategies, including the Conditional Cash Transfers (CCTs), which may promote the conversion of forests to agricultural lands. Despite that, little is known about whether and how CCTs affect long-term deforestation rates. Thus, this study has assessed whether CCTs influenced long-term land-use changes from forests to agriculture, considering alternative time allocation assumptions (i.e., Time Optimisation and Time Budget). Transfers from the Brazilian Bolsa Família Program to the Khĩsêtjê indigenous people of the Amazon were evaluated with two agent-based models. Results suggest CCTs will likely decrease the area deforested in the long term without changing Khĩsêtjê's population size. When market-purchased products replace local products, people's time allocated to agriculture is expected to fall. The intensity of CCT effects on deforestation varied according to time allocation assumptions, highlighting the importance of considering them carefully to improve the predictions from model simulations.
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Plotkin, Samuel Ethan, and Neva Hassanein. "Cultivating opportunity: do land transfer tools improve land access for beginning farmers?" Renewable Agriculture and Food Systems 34, no. 04 (November 16, 2017): 271–79. http://dx.doi.org/10.1017/s1742170517000539.
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AbstractA vast amount of agricultural land in the USA will change hands in the coming years as established farmers age and transition out of farm ownership. As a result, beginning farmers are likely to continue to face numerous obstacles as they try to find and purchase the property. Two of the greatest barriers include the high price that farm property usually commands and the steady conversion of farmland to non-agricultural uses (e.g., suburban development). Non-profit organizations and government agencies have used conservation easements extensively to protect against conversion of agricultural land, but, too often, that does not ensure affordability for beginning farmers. Accordingly, advocates have developed supplemental land transfer tools intended to enhance conservation easements and help beginning farmers gain access to land. In this exploratory research, we look at two of these novel tools, namely Conservation Buyer Programs (CBPs) and the option to purchase at agricultural value (OPAV). Specifically, we present case studies about two entities that use OPAV and two that use CBPs in order to understand how these tools function and whether they improve land access for beginning farmers. Interviews with professionals and beginning farmers who have worked with these tools in four states inform our analysis and add depth to previous scholarship. We found that OPAV and CBPs can improve access to agricultural land for beginning farmers under certain circumstances. These tools, however, are not panaceas to the challenge land affordability presents, nor are they the only tools used by the entities we studied. CBPs alone have rarely been used to help new farmers; yet, they have been paired effectively with a conservation easement and OPAV. Additionally, we found a similar tool, the simultaneous sale, has been quite effective when paired with OPAV, and less costly than the traditional conservation buyer approach. All of these tools expand the land access toolbox in important ways, but given the paucity of existing scholarship on this topic, additional research is needed. Practitioners and researchers must think critically about whether these tools are the most effective instruments to employ in the effort to get beginning farmers on the land.
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Jarmila, Lazikova, Rumanovska Lubica, Takac Ivan, and Lazikova Zuzana. "Land fragmentation and efforts to prevent it in Slovak legislation." Agricultural Economics (Zemědělská ekonomika) 63, No. 12 (November 30, 2017): 559–68. http://dx.doi.org/10.17221/180/2016-agricecon.
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Agricultural land represents a country’s natural heritage. Therefore, land protection is an issue that is the subject of various legislative measures, also including those that affect land fragmentation. Land fragmentation is a problem that hinders the effective use of land. In 1995, Slovak lawmakers adopted Law 180/1995 Coll., which prevents the fragmentation of land under a minimum size. The aim of this paper was to determine whether Slovak legislation concerning land fragmentation is effective and prevents this phenomenon. We compare the Slovak legislation with the legislations of other countries, and, further, we describe the existing situation with respect to land fragmentation in the individual regions of the country according to the requirements of Slovak legal regulations. The results include proposals for the potential amendment of the legal regulation to ensure the effective prevention of land fragmentation.
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Agustina, Enny. "The Used of Certificate of Land Rights on Proving in Land Disputes." Administrative and Environmental Law Review 2, no. 2 (December 31, 2021): 71–80. http://dx.doi.org/10.25041/aelr.v2i2.2356.
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Based on Article 19 Paragraph (2) of Law No. 5 of 1960 and Article 32 of Government Regulation No. 24 of 1997, it is stated that in land registration, land certificates function as strong evidence. Whether a certificate can only prove property rights, and that evidence is in the judicial process so far. A literature study is conducted to obtain answers by exploring, discussing, and analyzing laws, research reports, and related expert views. The findings indicate that the National Land Agency issued the title certificate during the registration process. If there is a land without a certificate, it can be proven through witness testimony, prediction, confession and oath. A certificate with reliable and complete evidentiary power can only be accepted if there is no claim before the court. A claim against a certificate can be filed if there is a deficiency in its issuance.
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Francioni, Matteo, Paride D’Ottavio, Roberto Lai, Laura Trozzo, Katarina Budimir, Lucia Foresi, Ayaka Wenhong Kishimoto-Mo, et al. "Seasonal Soil Respiration Dynamics and Carbon-Stock Variations in Mountain Permanent Grasslands Compared to Arable Lands." Agriculture 9, no. 8 (July 27, 2019): 165. http://dx.doi.org/10.3390/agriculture9080165.
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Permanent grasslands provide a wide array of ecosystem services. Despite this, few studies have investigated grassland carbon (C) dynamics, and especially those related to the effects of land-use changes. This study aimed to determine whether the land-use change from permanent grassland to arable lands resulted in variations in the soil C stock, and whether such variations were due to increased soil respiration or to management practices. To address this, seasonal variations of soil respiration, sensitivity of soil respiration to soil temperature (Q10), and soil C stock variations generated by land-use changes were analyzed in a temperate mountain area of central Italy. The comparisons were performed for a permanent grassland and two adjacent fields, one cultivated with lentil and the other with emmer, during the 2015 crop year. Soil respiration and its heterotrophic component showed different spatial and temporal dynamics. Annual cumulative soil respiration rates were 6.05, 5.05 and 3.99 t C ha−1 year−1 for grassland, lentil and emmer, respectively. Both soil respiration and heterotrophic soil respiration were positively correlated with soil temperature at 10 cm depth. Derived Q10 values were from 2.23 to 6.05 for soil respiration, and from 1.82 to 4.06 for heterotrophic respiration. Soil C stock at over 0.2 m in depth was 93.56, 48.74 and 46.80 t C ha−1 for grassland, lentil and emmer, respectively. The land-use changes from permanent grassland to arable land lead to depletion in terms of the soil C stock due to water soil erosion. A more general evaluation appears necessary to determine the multiple effects of this land-use change at the landscape scale.
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Dešić, Josip, and Kristijan Lenac. "Je li blockchain tehnologija budućnost digitalizacije zemljišnih knjiga?" Zbornik Pravnog fakulteta Sveučilišta u Rijeci 41, no. 2 (2020): 609–28. http://dx.doi.org/10.30925/zpfsr.41.2.9.
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The paper gives an overview of the fundamental features of blockchain technology and analyses the possibility of its application in the land registry system. The authors consider whether blockchain technology can improve the security and transparency of the land registry system, ensure data integrity, accelerate and facilitate the transfer of real property rights and registration process, whether blockchain can offer something different from technologies already tested in land registry systems and whether this technological solution can change the way land registers perform their functions. This paper gives an overview of positive trends and results, primarily the example of Estonia, which has gone the farthest in applying blockchain technology in public administration and digital society, as well as the example of Sweden, but also examples of Georgia, Dubai, Honduras, Brazil. Finally, the authors consider the possibility and justification of introducing blockchain technology in the Croatian real estate register.
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Wibowo, Sandy Nur Eko, Gybert E. Mamuaya, and Rignolda Djamaluddin. "Land Subsidence Analysis of Reclaimed Land using Time-Lapse Microgravity Anomaly in Manado, Indonesia." Forum Geografi 32, no. 1 (May 10, 2018): 53–63. http://dx.doi.org/10.23917/forgeo.v32i1.5882.
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Coastal area land reclamation is a policy with various benefits, including its potential to increase economic growth. However, reclamation also potentially has adverse impacts on the environment, including increasing pressure on biodiversity, natural resources and natural ecosystems, and the most common problem is land subsidence. This study uses time-lapse microgravity anomaly to ascertain the distribution of gravity and vertical gradient anomaly in order to map the subsidence characteristics occurring in the Manado reclamation area. From the research that has been previously conducted, the positive gravity anomaly is spread around Megamall-Multimart to the north of Monaco Bay and on the southern side of Manado Town Square (Mantos). Positive anomaly values range from 3 to 29.7 μGal. The negative anomaly values are scattered around the Mantos and Megamas separating bridge and at some points around the Whiz Prime Hotel, Menora Church and towards the Pohon Kasih Megamas area. The reclaimed areas generally experience subsidence accompanied by a reduction in groundwater mass (Megamall and Mantos) due to the use of the groundwater by the community in these areas. Uplifts also occur at some points in the reclamation area of Megamas as a result of the occurrence of land subsidence. Longer-term research is needed to determine whether there is an increase in the rate of land subsidence in the Manado reclamation area. Over a longer period of time it can also be established whether there are other factors which affect land subsidence. Other geodetic methods to monitor subsidence, such as levelling, InSAR and GPS survey, which have been conducted in other locations, are also needed to obtain more detailed information about the land subsidence in this area.
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Hasbi, Hasnan. "PENYELESAIAN SENGKETA PERTANAHAN MELALUI LEMBAGA ARBITRASE." Al-Ishlah : Jurnal Ilmiah Hukum 22, no. 1 (May 1, 2019): 16–31. http://dx.doi.org/10.33096/aijih.v21i1.24.
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The arbitral tribunal may be applied to the object of civil disputes of land, whether lands that have land rights or land that have no rights. Mechanisms and procedures of land arbitration agencies are very simple as arbitration courts in trade disputes and banking only need to be added a phase of data analysis and consideration to find a synchronization between data and information, between juridical data and physical data, in order to get a fair and right decision.
AbstrakPengadilan arbitrase dapat diterapkan pada objek sengketa perdata tanah, apakah tanah yang memiliki hak atas tanah atau tanah yang tidak memiliki hak. Mekanisme dan prosedur agen arbitrase tanah sangat sederhana karena pengadilan arbitrase dalam sengketa perdagangan dan perbankan hanya perlu menambahkan fase analisis data dan pertimbangan untuk menemukan sinkronisasi antara data dan informasi, antara data yuridis dan data fisik, untuk mendapatkan keputusan yang adil dan benar.
Kata kunci: Sengketa Tanah; Arbitrase;
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Hasbi, Hasnan. "PENYELESAIAN SENGKETA PERTANAHAN MELALUI LEMBAGA ARBITRASE." Al-Ishlah : Jurnal Ilmiah Hukum 22, no. 1 (May 1, 2019): 16–31. http://dx.doi.org/10.33096/aijih.v22i1.24.
Full textAbstract:
The arbitral tribunal may be applied to the object of civil disputes of land, whether lands that have land rights or land that have no rights. Mechanisms and procedures of land arbitration agencies are very simple as arbitration courts in trade disputes and banking only need to be added a phase of data analysis and consideration to find a synchronization between data and information, between juridical data and physical data, in order to get a fair and right decision.
AbstrakPengadilan arbitrase dapat diterapkan pada objek sengketa perdata tanah, apakah tanah yang memiliki hak atas tanah atau tanah yang tidak memiliki hak. Mekanisme dan prosedur agen arbitrase tanah sangat sederhana karena pengadilan arbitrase dalam sengketa perdagangan dan perbankan hanya perlu menambahkan fase analisis data dan pertimbangan untuk menemukan sinkronisasi antara data dan informasi, antara data yuridis dan data fisik, untuk mendapatkan keputusan yang adil dan benar.
Kata kunci: Sengketa Tanah; Arbitrase;
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HOLZMUELLER, ERIC J., JOHN W. GRONINGER, and MICHAEL A. MARTINEK. "FOREST MANAGEMENT PLANNING ON PRIVATE LANDS: A CASE STUDY OF THE SPATIAL ANALYSIS PROJECT IN THE NORTH CENTRAL UNITED STATES." Journal of Environmental Assessment Policy and Management 15, no. 01 (March 2013): 1350004. http://dx.doi.org/10.1142/s146433321350004x.
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In 2004, the US Forest Service launched the Spatial Analysis Project (SAP) to determine whether lands enrolled in the Forest Stewardship Program meet state stewardship objectives. Within each state, SAP used an aggregate analysis to categorise all land available for the FSP as — low, medium, or high stewardship potential. We characterized differences in land classified by the SAP in the study area, and determined if states have been effectively enrolling lands in the high category. Results indicate that while states are enrolling high stewardship potential lands (p < 0.0001), prioritising among forest lands is difficult because nearly all of it is classified as high or medium stewardship potential. We suggest prioritising forested areas using ranking criteria that are more closely associated with state forestry priorities, a strategy that could be adapted to increase the impact of limited public forest stewardship resources outside of the region as well.
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ANANIEVA, Elena, and Aleksandr ANANIEV. "Land of Controlled Neo-Nazism." Perspectives and prospects. E-journal, no. 2 (2022): 26–48. http://dx.doi.org/10.32726/2411-3417-2022-2-26-48.
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Russia's special military operation in Ukraine once again requires revisiting the course of events on the Maidan in 2013-2014. The facts allow not only to reproduce the sequence of actions of the opposing parties, but also to establish the true causes and consequences of what happened, the foreign actors and the background of the Ukrainian crisis - the most significant international crisis since the end of the Cold War. The authors offer an answer to the question whether the 2014 Maidan events were a "revolution of dignity" or an illegal coup d'état, which imposed a radically nationalist scenario to the country, and consider the relevancy of the term "neo-Nazism" to the realities of post-Maidan Ukraine.
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McManus, Francis. "Liability in the Law of Nuisance for Isolated Escapes from Land." Environmental Law Review 3, no. 3 (August 2001): 186–211. http://dx.doi.org/10.1177/146145290100300303.
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It is customary for the courts perfunctorily to categorise isolated escapes from one's land, where the escapes therefrom impact on the land of another, either in terms of the rule in Rylands v Fletcher, or, in terms of the law of negligence, without the courts according much discussion as to whether such escapes may be accommodated within the fold of the law of nuisance which has normally been employed to obtain redress for injury or inconvenience occasioned over a period of time. This article examines whether isolated escapes (an expression which includes escapes both of people as well as of things) from land can legitimately fall under the rubric of nuisance, and, if so, whether indeed, the law of nuisance should accommodate such escapes.
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Moechthar, Oemar, and Ardian Firmansyah Arifin. "Penerapan Konsep Trust of Land Dalam Sistem Hukum Agraria: Suatu Perbandingan Hukum Antara Indonesia dan Britania Raya." Media Iuris 5, no. 3 (October 31, 2022): 351–80. http://dx.doi.org/10.20473/mi.v5i3.34969.
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AbstractWhen we are talking about the use of land in Indonesia, as an agricultural country, Indonesia has many talented individuals who are more than capable of managing and cultivating the land. Unfortunately, most of these gifted people do not own the land themselves. Indeed, it is not because they do not want to, but because most land already has its owner. On the other hand, there are numerous unused and neglected lands in Indonesia on which the owner cannot manage and cultivate the land themselves. Such an unfortunate situation causes the purpose of the land to achieve prosperity and welfare for the common good of the people to be a meaningless cliché and practically unachievable. For the same situation, the United Kingdom has a concept of land management called the trust of land. This article aims to identify whether the legislators can adopt this concept into the sphere of Indonesian agrarian law where this adoption might achieve the aim of common welfare within Law Number 5 of 1960. This article will provide a conceptual illustration and advice to the legislators to minimise the number of unused and neglected land in Indonesia to actualise Article 33 Clause (3) of the Constitution for the land to be used for the most benefits of the people. Keywords: Control of Neglected Lands; Trust of Land; Land Law Comparison; Bank of Lands. AbstrakBanyaknya tanah-tanah telantar yang ada di penjuru Republik Indonesia membuat tujuan penggunaan dan pemanfaatan sumber daya agraria untuk menciptakan kemakmuran dan kesejahteraan bagi seluruh rakyat Indonesia tidak tercapai. Dalam satu sisi, banyak rakyat yang tidak memiliki tanah untuk digarap bahkan untuk ditinggali, padahal mereka merupakan bagian dari bangsa Indonesia. Melihat kondisi di atas, Britania Raya memiliki konsep pengelolaan lahan yang bernama trust of land. Tujuan dari penulisan artikel ini yakni apakah legislator Indonesia dapat mengadopsi konsep trust of land ke dalam sistem hukum agraria di Indonesia, sehingga pemanfaatan sumber daya agraria dapat lebih memberikan manfaat dan berkelajutan seperti yang diharapkan dari ketentuan Undang-undang No. 5 Tahun 1960. Tujuan dari penulisan artikel ini yakni memberikan gambaran serta masukan kepada legislator dalam upaya meminimalisir tanah-tanah terlantar yang ada di Wilayah Republik Indonesia agar dapat dimanfaatkan untuk sebesar-besar kemakmuran rakyat sebagaimana tertuang dalam ketentuan Pasal 33 ayat (3) Konstitusi Indonesia. Kata Kunci: Pengendalian Tanah Terlantar; Trust of Land; Perbandingan Hukum Agraria; Bank Tanah.
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Braja, Satria. "Perlindungan Hukum Pemegang Hak Atas Tanah Terhadap Objek Yang Sama (Studi Putusan Nomor putusan 55 Pdt. G.2007/PN.RAP)." Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat 18, no. 3 (April 8, 2019): 59–76. http://dx.doi.org/10.30743/jhk.v18i3.1188.
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The purpose of writing this article is to find out and to analyze whether the rights to land under the hands without being attended by witnesses can be justified by law and how legal protection of the holders of land rights is applied to the same object. The research method used in writing this article is normative research that uses a statue approach and conceptual approach. Based on the results of the study, the authors obtained answers to the problems; whether the above legal protection has fulfilled the basic elements Legal protection on land in fact it has a certificate on the same object so that mastery and ownership cause injustice. Responding to the things mentioned above, it is concluded that land is an inseparable part of human life and life so that land rights are human rights that legally contain control and ownership. Keywords: Legal protection, Land rights, the same object