Дисертації з теми "Rights land"
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1
Matter, Scott. ""We have this land as our right" : ethnicity, politics, and land rights conflict at Enoosupukia, Kenya." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83127.
Анотація:
Population growth and internal migration in parts of the developing world have led to increased conflict over land rights carried out in the context of competing tenure paradigms. In Kenya, violent conflict between 'indigenous' and 'outsider' communities occurring in the midst of a program of democratic liberalization and political change has been variously explained as primarily driven by material or political interests. This thesis examines land rights conflict in the wake of a violent clash at Enoosupukia in 1993, which led to the displacement of up to 30,000 people, and analyzes how changing tenure paradigms, shifting socio-spatial boundaries, ethno-political polarization, and pressure on land resources all contribute to the perpetuation of conflict and tenure uncertainty. I argue that, despite challenging civil precepts of liberal governance, assertion of exclusive ethnic rights to traditional territories may nevertheless lead to political justice and alleviate the marginalization of indigenous and minority groups.
2
Ambaye, Daniel Weldegebriel. "Land Rights and Expropriation in Ethiopia." Doctoral thesis, KTH, Fastighetsvetenskap, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-134346.
Анотація:
This study examines and analyses the expropriation laws and practices in Ethiopia. The objective of the thesis is to analyze and describe the land rights and expropriation laws in Ethiopia and to compare them with the practice in order to determine the fairness of compensation. The study is made against the Ethiopian Constitution and other subsidiary legislations which provide the basic land rights and the nature and details of expropriation. The basic argument made in this thesis is that even if the Ethiopian Constitution provides and guarantees common ownership of land (together with the state) to the people, this right has not been fully realized whether in terms of land accessibility, enjoyablity, and payment of fair compensation in the event of expropriation. The reasons have to do either with the faulty nature of the laws or with their implementation by public authorities. From the outset, the constitution excludes land as a subject of compensation. For this reason, land is being excluded from the compensation package and hence it has no value for the holder. Urban land holders are denied location value of their property, which they can collect it otherwise during sale, and hence the compensation becomes unfair. Similarly, rural farmers are denied compensation for the complete loss of their farm land. The denial of compensation for the value of the land is categorically in contradiction with the very principle of joint ownership of land by the people and the state. There are also other reasons which are related to the law or its practical applicability, such as valuation process which reduces the amount of compensation. There are also property interests which are not included as compensable interests. Payment of compensation is one factor for secure property right and hence sustainable development. To ensure fair compensation in the event of compensation, a legal and policy level reform is necessary to address and amend the existing problems. Further, to harmonize the laws and practices is imperative to reduce the amount of injustice existed in today’s expropriation procedure in Ethiopia.QC 20131122
3
Baligira, John. "Land rights and land conflicts in Kibaale since the colonial settlement." Doctoral thesis, Faculty of Humanities, 2020. http://hdl.handle.net/11427/32198.
Анотація:
This thesis examines why there has been persistent conflict over land in Africa, with reference to Kibaale district in western Uganda. The land conflicts, especially in post-colonial sub-Saharan Africa, are attributed to such factors as the colonial legacy which has contributed to unequal access and conflicting identities. By tracing the conflict from the British colonial period, the thesis contributes to an understanding of how it evolved and why it was not resolved by the end of colonial rule and in post-colonial Uganda. The thesis draws on Mamdani's theory of decentralized despotism to establish the extent to which the post-colonial central governments' maintenance of some rural despotic authorities has undermined the land conflict resolution efforts. I contend that, though the post- colonial governments' maintenance of landlordism has partly contributed to the land-related conflict in Uganda, it does not fully explain why the conflict has persisted in places such as Kibaale district. Based on data generated through in-depth interviews with purposively sampled participants, archives and from secondary sources, the thesis contributes to an improved understanding of why land-related conflicts in Africa have persisted. It particularly shows what has undermined the ability of post-colonial governments and other stakeholders to address the roots of these conflicts. The main findings of the thesis include: the bitter memories of the late 19th and early 20th century British colonial conquest and land dispossession of people in Kibaale are still reflected in the narratives of the early settlers; the government-sponsored and selfmotivated massive resettlement of people from mainly Western Uganda to Kibaale district has increased the complexity of land disputes; different peoples' identities have also contributed to the conflict in Kibaale; and the national as well as local political actors have often intensified the conflict for the sake of political power. The thesis concludes that the instrumentalization of citizenship and belonging by the autochthons as well as the specific historical and socioeconomic factors in Kibaale district have contributed to persistent conflict over access to and ownership of land.
4
Asaaga, Festus Atribawuni. "Land rights, tenure security and sustainable land use in rural Ghana." Thesis, University of Oxford, 2017. http://ora.ox.ac.uk/objects/uuid:0ca818c1-aba7-45d5-b823-de92099ce148.
Анотація:
The return to the customary or integration of customary and statutory tenure systems to continue gain currency in both contemporary policy and academic discourses on land tenure as an alternative pathway towards enhancing security of access and tenure in the sub-Saharan African context. Central to the debates are issues concerning the relevance of customary land tenure arrangements and appropriate pathways to successfully engineer the process of harmonization toward improved tenure security whilst preserving of the communitarian principles of local tenure systems. Using two case studies in rural Ghana, this study investigated the prevailing land tenure arrangements, practices and socio-political dynamics that underpin them, highlighting the challenges and opportunities that need to be addressed for the successful adaptation of customary tenure rules and institutions into the statutory system towards improved tenure security and sustainable land management. The research employed a mixture of qualitative and quantitative methods including interviews, focus group discussions and questionnaires to collate and analyse data from sampled respondents in Kakum and Ankasa in southern Ghana. The results of the investigation revealed that contrary to the mainstream view that customary tenure arrangements are incapable of providing tenure security in the face on ongoing transformations, the perceived tenure security of respondents was generally high in the study areas. This notwithstanding, it was observed that the emerging patterns of access and control (occasioned by increasing land scarcity and commodification) have resulted in social differentiation and inequalities in land access and distribution amongst the poor and vulnerable members of the landholding groups including women and the youth. The research also showed that aside from tenure security, other important contextual factors including access to credit, modernised agricultural inputs and targeted extension service support significantly influence households' investment decisions regarding adoption of sustainable land management practices. These findings have far-reaching implications for current land tenure interventions aimed at harmonising customary and statutory tenure structures for improved tenure security and sustainable land management. Results of the investigation were used to develop a three-phase incremental framework on formalisation of customary land rights which could serve as bespoke framework to guide the design of land tenure intervention strategies and implementation towards addressing local tenure insecurity in the specific context of the study areas and sub-Saharan Africa generally. The major conclusion of the research is that balancing the market efficiency and social equity considerations is necessary and should be pursued under the ongoing land tenure reforms for inclusive and equitable outcomes at the local level. This derives from the fact that the existing tenurial challenges are complex and context-specific, equally requiring well-balanced and nuanced solutions to effectively address them.
5
Allington, Patrick. "Indigenous land rights in (un)settled Australia /." Title page, contents and synopsis only, 1995. http://web4.library.adelaide.edu.au/theses/09ARM/09arma437.pdf.
6
Wachira, George Mukundi. "Vindicating indigenous peoples' land rights in Kenya." Thesis, Pretoria : [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-01212009-162305/.
7
Tomlinson, Kathryn. "Negotiating rights : indigenous rights, land and the power line conflict in Venezuela." Thesis, University of Sussex, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.419811.
8
Ngwatu, Ginamia M. "Access to land and land rights in post conflict societies in Uganda : a perspective on women's and children's rights." Diss., University of Pretoria, 2010. http://hdl.handle.net/2263/16770.
Анотація:
Issues of access to land and realisation of land rights have always existed in Uganda as women are
considered to be potential land owners. Such rights usually have to do with the rights of individuals to
particular plots of land, but also with rights to land held collectively. The situation in post conflict
northern Uganda was brought about by the displacement of people from their villages, but it only
served to perpetuate this situation. The conflict in northern Uganda began in 1988 between the
government of Uganda and the Lord’s Resistance Army (LRA).Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr. Atangcho N. Akonumbo of the Faculty of Law, Catholic University of Central Africa, Cameroon. 2010.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
9
Kamensky, John Andrei. "Research on the Protection of Chinese Farmers’ Land Rights During Land Expropriation." The Ohio State University, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=osu1338394467.
10
Akhter, Tasneem. "The role of property rights for land degradation and land use conflicts." Doctoral thesis, Humboldt-Universität zu Berlin, Landwirtschaftlich-Gärtnerische Fakultät, 2011. http://dx.doi.org/10.18452/16285.
Анотація:
Bodendegradation ist ein wachsendes Problem von Pakistan, die Biomasse Verlust verursacht und hat einen schlechten Einfluss auf die Wirtschaft des Landes. Nordöstlich von der Provinz Punjab, die berühmt für die Reisanbau ist, leidet auch mit diesem Problem. Zusammen mit einigen anderen Gründen, sind institutionelle Aufbau in den Regionen und der Landnutzungsänderungen der Hauptgründe für diesen Abbau. Obwohl das Land ist, die privaten Eigentümern, aber wegen der Störung der bestehenden Eigentumsrechte und die jüngste Stadterweiterung in der Region hat interfamiliären Konflikte zwischen Grundbesitzern im Zusammenhang mit Entfremdung Land provoziert. Diese Konflikte haben ein Potenzial von gefährden ländlichen Setup und der landwirtschaftlichen Produktion des Landes. Das Ziel der Studie ist es, diese Konflikte Ansatz, den Schwerpunkt auf die Notwendigkeit des institutionellen Wandels für die Nutzung von landwirtschaftlichen degradierten Flächen und mögliche Governance-Struktur für Land Umwandlung in Pakistan. Die Organe der Sustainability Framework von Hagedorn et al (2002) wird verwendet werden, und einige politische Empfehlungen gehen abgeleitet werden.Land degradation is a growing problem of Pakistan, which causes biomass loss and has a bad effect on the economy of the country. Northeast of Punjab province, which is famous for the rice cultivation, is also suffering with this problem. Along with some other reasons, institutional setup in the regions and the land-use change are the main reasons of this degradation. Although the land is owned by private owners, but because of the malfunctioning of existing property rights and the recent urban expansion in region has provoked interfamily conflicts between landowners related to land alienation. These conflicts have a potential of jeopardising rural setup and agriculture production of the country. The aim of the study is to approach these conflicts, focus on the need of institutional change for the use of agricultural degraded lands and possible governance structure for land conversion in Pakistan. The Institutions of Sustainability Framework of Hagedorn et al (2002) will be employed and some policy recommendations are going to be derived
11
Toha, Kurnia. "The struggle over land rights : a study of indigenous property rights in Indonesia /." Thesis, Connect to this title online; UW restricted, 2007. http://hdl.handle.net/1773/9627.
12
Fogarty, Jane Catherine. "Towards an Australian republic, constitutionalising indigenous land rights." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0003/MQ40989.pdf.
13
Dirimanova, Violeta. "Economic effects of land fragmentation property rights, land markets and contracts in Bulgaria." Aachen Shaker, 2007. http://d-nb.info/988177374/04.
14
Dirimanova, Violeta. "Economic effects of land fragmentation : property rights, land markets and contracts in Bulgaria /." Aachen : Shaker, 2008. http://www.gbv.de/dms/zbw/562087699.pdf.
15
Wisborg, Poul. "It is our land human rights and land tenure reform in Namaqualand, South Africa /." Ås : Noragric, Dept. of International Environment and Development Studies, Norwegian University of Life Sciences, 2006. http://catalog.hathitrust.org/api/volumes/oclc/80145303.html.
16
Ng'ombe, Austine. "Modernisation of land tenure in Zambia : focus on the privatisation of customary land rights." Thesis, Oxford Brookes University, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.543812.
17
Mutema, Maxwell. "Land rights and their impacts on agricultural efficiency, investments and land markets in Zimbabwe." Thesis, University of Reading, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.415515.
18
Li, Ling-hin. "The privatisation of land use rights in China : an evaluation of land price behaviour in Shanghai's land market /." [Hong Kong] : University of Hong Kong, 1995. http://sunzi.lib.hku.hk/hkuto/record.jsp?B16121521.
19
O'Connor, Pamela Anne. "Security of property rights and land title registration systems." Monash University, Faculty of Law, 2003. http://arrow.monash.edu.au/hdl/1959.1/7726.
20
Hamilton, Neil James. "The impact of equitable estoppel on rights in land." Thesis, University of Cambridge, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.293585.
21
De, Blois Myriam. "Land and housing rights in South Africa and their compatibility with international human rights norms." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22692.
Анотація:
The April 1994 elections in South Africa, which witnessed the ANC gain a determinant majority in national government, shifted the struggle in that country from national liberation and enfranchisement to economic empowerment for the black majority. The South African Government, facing millions of restitution of land claims and a national demand for effective access to land and adequate housing, has had to elaborate concrete legal implementation mechanisms to deliver land and housing for the majority of the population. Constitutionalism, through the entrenchment of land rights in a bill of rights, and the creation of a national socio-economic program to meet the basic needs of landless and homeless South Africans (Reconstruction and Development Program or RDP), have been the methods favored by the Government of National Unity (GNU) to address land and housing issues in the new South Africa. Strong pressure has been put on Mandela's Government to bring about fundamental economic and social transformation. The GNU presently has the responsibility to ensure a speedy advance with its programs of housing and land redistribution and restitution. The international instruments on economic and social rights have inspired Chapter 3 of the Interim Constitution, which contains a Bill of Rights, as well as the drafting of the Reconstruction and Development Program. Although these two national legal documents guarantee substantial economic and social rights, the difficulty that lies ahead is the establishment of a process to implement these entitlements. The socio-economic transformation that will take place in South Africa in the coming years will serve as a test-case and will hopefully encourage legal scholars and practitioners to become more sensitive to the importance of designing delivery mechanisms for these rights. With the high level of expectations and violence experienced in South Africa's rural and urban areas, a great deal is at stake in relation to land reform and t
22
Asantemungu, Raphael Ernest. "Women and Land Ownership Rights in Kilimanjaro : A Tension between Women Land Ownership Rights and Culture: A case of Moshi Rural District Tanzania." Thesis, Norges teknisk-naturvitenskapelige universitet, Geografisk institutt, 2011. http://urn.kb.se/resolve?urn=urn:nbn:no:ntnu:diva-17024.
Анотація:
Despite the efforts and strategies geared towards women in realizing property rights in terms of empowerment, participation and decision making in the global context today many African societies are still characterized by social economic and political inequalities between men and women. This situation is worse in Tanzania rural areas where women land rights are violated as result of culture being regarded as a daily routine that provide the basis and ways in which land is owned and distributed. This study focuses on women and land ownership rights. An attempt has been made to examine the contexts in which the state laws and policies give women rights to own land. With a special use of Rights based Approaches and feminist perspectives in particular WDC. The study has articulated some reasons as to why women land rights are not fully realized at a village and clan level in Moshi Rural in Tanzania. A qualitative research methodology is the main tool for generating research materials during the research process. Emphasis in this is laid on research interviews, field observation and a study of secondary research sources has also been used in situations where it is preferred. The study has examined the ways in which land rights for women are offered and practiced at the local level. In this regard, it is revealed that women‟s land rights are facing many challenges which are grounded in culture in the way power relations, participation and empowerment is shaped. Moreover, it is revealed that Land Laws for women which are defined by the statutory laws are facing contradictions with customary laws something which has created conflict and tension with land rights for women. In this way it has been observed that, the duty holders for rights play a limited role in helping women to realize their rights. In addition, the task for promoting land rights in terms of advocacy and legal aid provision for women which is largely done by NGOs is facing some problems in terms of coverage. The study finds that, NGOs are town oriented while many problems for women‟s land rights rife in rural areas. This situation has made many women to have limited knowledge about these NGOs and their activities. Moreover, the study reveals that land is the powerful means of livelihood provisions for women hence denial for women land rights has a profound impacts for their lives. For example lack for women land rights could make women to find it difficult to get food, settlement, credit and many other live necessities. This has increased the level of poverty on the part of women. With respect to remedy the challenges and difficulties faced by women in land ownership rights, an immediate law and policy reforms pertaining land rights have been suggested, with an effort to sensitize the society about these reforms. These could go hand in hand with effective implementation of reformed laws to be practiced both at national and local level.
23
Dirimanova, Violeta [Verfasser]. "Economic Effects of Land Fragmentation : Property Rights, Land Markets and Contracts in Bulgaria / Violeta Dirimanova." Aachen : Shaker, 2008. http://d-nb.info/1164342541/34.
24
Mesic, Selma. "The 'Green' Land Grabs : How the rush for biofuels is impacting land rights in Tanzania." Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384254.
Анотація:
The last decade has witnessed an exponential interest in land investments across numerous industries in the developed countries. Africa has been particularly targeted for investments, increasingly for biofuel production. Though land investments can boost local economies when realized in an equitable manner, many reports also point to large-scale displacements and loss of land for local landowners. There remain empirical unclarities on the subject, and theoretical and analytical frameworks are underdeveloped in explaining the conditions and factors that determine outcomes. This thesis is exploring the effects of land investments on land tenure security through the lens of credible commitment and neo-patrimonial theory, with a focus on biofuel production in Tanzania as the chosen qualitative case study. The analysis is based on two specific jatropha investments in Tanzania: Sun Biofuels and Diligent Ltd. The research contribution of the thesis is in merging two theoretical approaches, CCT and Neo-patrimonialism, and applying it to a new research area of land investments in order to establish an understanding of their effects on local land tenure security.
25
Modum, Uche Ifeoma. "Legal reform of the Land Use Act : protection of private property rights to land in Nigeria." Thesis, University of Manchester, 2012. https://www.research.manchester.ac.uk/portal/en/theses/legal-reform-of-the-land-use-act-protection-of-private-property-rights-to-land-in-nigeria(c4445757-7efd-489b-a16e-9ed7b5e244ff).html.
Анотація:
Strong private property rights to land are recognised as fundamental to the economic growth of a country's legal system. Legal reform of inadequate and inefficient property rights laws is therefore essential. My thesis aims to address the lack of legal reform of the laws governing property rights to land in Nigeria. It does this by critically examining the Land Use Act set up as the primary body of legislation governing property rights in Nigeria.The thesis seeks to offer meaningful insights by proposing an institutional analysis of the limitations to reform of existing laws governing property rights to land in Nigeria. Several approaches of new institutionalism are explored in analysing identified constraints which exist within formal and informal institutions. Explanations of the absence of legal reform are addressed through themes examining formal and informal institutional structures which limit reform. Analyses of institutional structures highlight the significant role played by institutions in the etablishment and development of property right laws in Nigeria. An in-depth look at Nigerian private property laws and legally recognised interests on land exposes fundamental limitations to private property rights protection of individuals within the Nigerian state. The thesis provides valuable insights and addresses institutional limitations through consideration of strategies which would enable and assist legal reform of Nigeria's property rights laws. The study concludes by exploring three aspects. First, it offers reform proposals and analyses the functionality of the proposed reform suggestions. Second, it highlights principles of policy-making redesign within formal institutions. Finally, it offers strategies to assist reform within informal instituional structures.In short, the thesis focuses on enabling legal reform of Nigerian property rights laws to ensure the amendment, modification or excision of bad, inefficient laws in order to offer better protection of individuals' property rights to land.
26
Ncube, Richmond. "Land Tenure Rights and Poverty Reduction in Mafela Resettlement Community (Matobo District, Zimbabwe)." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4825_1323161074.
Анотація:
In this research, I present critical facts about Land Tenure Systems and Poverty Reduction processes in Mafela Resettlement community. I focus mainly on the Post-Fast Track Land Reform (2004 â 2011) period and the interactive processes in this new resettlement area. The research - premised on the rights approach - sought to explore land tenure rights systems and poverty reduction mechanisms seen by the Mafela community to be improving their livelihoodsit also sought to find out if there is evidence linking tenure rights to poverty reduction and how land tenure rights governance systems affect their livelihoods. Suffice to say in both the animal kingdom and human world, territorial space and integrity, its demarcation as well as how resources are used within the space, given the area - calls for a - defined system of rights by the residents themselves. Whilst it is true that there is no one story about Zimbabweâs land reform (Scoones et al 2011), the contribution of this research towards insights emanating from the newly resettled farmers adds another invaluable contribution in the realm of rural development issues.
27
Makmillen, Shurli. "Land, law and language : rhetorics of Indigenous rights and title." Thesis, University of British Columbia, 2010. http://hdl.handle.net/2429/26370.
Анотація:
For good or ill, settler Indigenous relations in settler colonies around the world are being framed by longer and more complex texts. This renders the study of language more important than ever, especially as the frameworks and perspectives of Aboriginal people are increasingly given their due; it also raises the question about other strategies for resistance and redress, such as the role of the arts, politics, culture and media. This thesis explores these issues with respect to assumptions and debates about language and meaning, about language and culture, and about legal and literary language in a selection of genres in which natives and newcomers in British Columbia and Aotearoa/New Zealand mediate their claims about land, about government, and about what counts as legitimate knowledge. No longer is it correct to enforce paradigms of Western justice, nor to essentialize or exoticize Indigenous cultural production. But what is taking their place and how do particular rhetorics of language and of difference structure these legal and literary genres in this particular "contact zone"?
That language is used in ways to serve situations is fundamental to rhetorical genre theory; that subsequent interpretations of this language use may serve subsequent often quite different situations is also of interest, and part of the action of genre. As a hermeneutical concept, genre can mediate between discourse and sentence levels of analysis in ways that keep audience effects in mind. But in the case of these genres both speakers and audiences can be polarized, dispersing intentions, uptakes, and effects. Theories of rhetoric and genre, which are my conceptual foundation, need amendment to account for this. Generating a more nuanced account of genre helps me develop a category of genres called contact genres: those genres in which rhetorical situations may be profoundly differently construed and yet they maintain their stability in order to address and dissolve colonialism’s culture.
28
Collin, Matthew. "Essays in development economics : land rights, ethnicity and birth order." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:7ec6e451-2490-4081-bb48-32fcd05ba6e5.
Анотація:
Aside from the introduction and conclusion, this thesis comprises four core chapters: The first chapter investigates the presence of endogenous peer effects in the adoption of formal property rights. Using data from a unique land titling experiment held in an unplanned settlement in Dar es Salaam, Tanzania. I show a strong, positive impact of neighbour adoption on the household’s choice to purchase a land title. I also show that this relationship holds in a separate, identical experiment held a year later in a nearby community, as well as in administrative data for approximately 45,000 land parcels in the same city. I also discuss possible channels, including the possibility of complementarities in the reduction in expropriation risk. The second chapter examines the relationship between ethnic heterogeneity and the demand for formal land tenure. Using a unique census of two highly fractionalised settle- ments in Dar es Salaam, I show that households located near coethnics are significantly less likely to purchase a limited form of land tenure recently offered by the government. I attempt to address one of the chief concerns, endogenous sorting of households, by con- ditioning on a households choice of neighbors upon arrival in the neighborhood. These results suggest that close-knit ethnic groups may be less likely to accept state-provided goods if they can generate reasonable substitutes. The third chapter is a short chapter which presents results from a recent policy experi- ment in Tanzania where formal land titles were provided to informal settlers at randomised prices. Land owners were also randomly assigned conditional discounts, which could only be applied if a woman was designated as owner or co-owner of the land in question. Results show that conditionality has no adverse effects on demand for land titles, yet drastically increases the probability a woman is included. We discuss the implications of these results for the expected bargaining power impacts of the intervention. The final chapter investigates birth order effects on both anthropometric and edu- cation outcomes in a longitudinal survey of children from the Philippines. Birth order effects are present early in life for both outcomes, but attenuate as children approach adulthood. There is also evidence for nonlinear birth order effects, with both firstborn and lastborn children holding an advantage over middleborn children. These results are at odds with prevalent theories of birth order which predict lasting and monotonic differences in outcomes across children.
29
Clancy, Sean P. (Sean Patrick) 1971. "Air rights development : is it different from traditional land development?" Thesis, Massachusetts Institute of Technology, 1998. http://hdl.handle.net/1721.1/9641.
Анотація:
Thesis (S.M.)--Massachusetts Institute of Technology, Dept. of Urban Studies and Planning, 1998.Includes bibliographical references (leaves 53-54).
The availability of large desirable urban development sites continues to diminish. Air rights development is an innovative way for real estate entrepreneurs to create space for developing large-scale projects. Because a portion of these projects are constructed on air, one would expect the deal structure for an air rights developments to be dramatically different from those used for traditional land developments. This paper examines the how the general development issues - ownership, financing and taxation - are structured for air rights developments. Generic air rights development issues and resolution are identified. These finding are then used as the base for in-depth analysis of three existing air rights developments completed in the Boston area. Each development contains unique components as a result of the different individual characteristics of every real estate project, however, the ownership, financing and taxation components of these deals were structured similarly. This study supported the conclusion that air rights development has little affect on the deal structuring of large-scale real estate developments.
by Sean P. Clancy.
S.M.
30
Musole, Maliti. "Land policy and the urban land market in Zambia : property rights, transaction costs, and institutional change." Thesis, University of Glasgow, 2007. http://theses.gla.ac.uk/4951/.
Анотація:
This study examines, comparatively, the effects of Zambia's post-colonial (1975 and 1995) land policy reforms on the urban land market transactions. It focuses on land delivery, land transfer and exchange, and land valuation and pricing. The central thesis of the study is that land policy reforms matter even for the urban land market. Proceeding from this premise, the study conceptualises the effects of land policy on the land market as one set of institutions (namely, land policy reforms) modifying or radically restructuring (and, hence, impacting on) the other set of institutions (viz. property rights and the land market generally). Grounded in the new institutional economics approach, the conceptual framework focuses on property rights, transaction costs and institutional change. The philosophical framework is post-positivist. Methodologically, the research design is largely qualitative and employs a multiple data collection and analysis strategy. Central to this methodological approach are the concepts of critical multiplism and triangulation. The overall research findings suggest, overwhelmingly, that land policy reforms matter to urban land market transactions. More specifically, the study finds that, in so far as land delivery is concerned, both the 1975 and 1995 reforms had a similar detrimental impact. However, their effects differed markedly in specific areas with regard to land transfer and exchange, on the one hand, and land valuation and pricing, on the other. In patticular, the latter reforms were less pernicious than the former. Consequently, the study recommends land policy reforms that minimise the policy-generated detrimental effects identified in the land market operations. The effects in question naturally revolve around property rights and transaction costs.
31
Bosworth, Joanne L. "Land and society in South Kigezi, Uganda." Thesis, University of Oxford, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.338762.
32
Eckert, Penelope Jennings. "The social construction of a watershed : changing rights and changing land /." Thesis, Connect to this title online; UW restricted, 1998. http://hdl.handle.net/1773/5542.
33
Hursh, John. "Women's rights and women's land rights in postcolonial Tunisia and Morocco: legal institutions, women's rights discourse, and the need for continued reform." Thesis, McGill University, 2014. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=123322.
Анотація:
This paper explores women's rights and women's land rights in postcolonial Tunisia and Morocco by examining the legal institutions and social discourse that shape these rights. Tunisia and Morocco share key similarities as well as important differences, and studying women's rights and women's land rights provides a rewarding comparison of how two postcolonial states address these contested issues. Understanding land rights requires an understanding of the institutions that govern and administer land. Accordingly, this paper investigates key land and property arrangements from the colonial and postcolonial eras in these two states. Likewise, understanding women's rights requires an understanding of the social and cultural considerations of women's status in Islamic society, as well as the women's rights movements and women's rights discourse that emerged in Tunisia and Morocco.This paper contains five parts. Part I explores the relationship between extractive institutions, development narratives, and the legal system in colonial and postcolonial states. Part II investigates land rights within colonial and postcolonial Tunisia and Morocco, as well as the institutions that govern and administer land in these two states. Parts III and IV examine the legal construction of gender in postcolonial Tunisia and Morocco. These parts also detail the emergence of strong women's rights movements and women's rights discourse in both states. Part V concludes by discussing the importance of women's land rights and the challenges and opportunities for securing strong women's land rights in Tunisia and Morocco.Ce document explore les droits des femmes et les droits fonciers des femmes en post-coloniale en Tunisie et au Maroc en examinant les institutions juridiques et discours social qui façonnent ces droits. Tunisie et le Maroc partagent des similitudes clés ainsi que des différences importantes, et d'étudier les droits des femmes et les droits fonciers des femmes fournit une comparaison enrichissante de la façon dont deux états postcoloniaux répondre à ces questions litigieuses. Comprendre les droits fonciers nécessite une compréhension des institutions qui gouvernent et administrent la terre. En conséquence, le présent document examine fonciers et immobiliers dispositions clés des époques coloniale et postcoloniale dans ces deux états. De même, la compréhension des droits de la femme exige une compréhension des considérations sociales et culturelles de la situation des femmes dans la société islamique, ainsi que les mouvements des droits des femmes et les droits du discours de femmes qui a émergé en Tunisie et au Maroc.Ce document contient cinq parties. Partie I étudie la relation entre les institutions extractives, les récits de développement, et le système judiciaire dans les états coloniaux et postcoloniaux. Partie II examine les droits fonciers dans la coloniale et postcoloniale Tunisie et le Maroc, ainsi que les institutions qui gouvernent et administrent les terres dans ces deux états. Les parties III et IV examinent la construction juridique de l'égalité dans postcoloniale Tunisie et le Maroc. Ces pièces détaillera également l'émergence de puissants mouvements de défense des droits des femmes et des discours sur les droits des femmes dans les deux états. Partie V conclut en discutant de l'importance des droits fonciers des femmes et les défis et opportunités pour la sécurisation des droits fonciers solides des femmes en Tunisie et au Maroc.
34
Li, Ling-hin, and 李寧衍. "The privatisation of land use rights in China: an evaluation of land price behaviour in Shanghai's landmarket." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1995. http://hub.hku.hk/bib/B31234288.
35
Johnson, Ebrezia. "Communal land and tenure security: analysis of the South African Communal Land Rights Act 11 of 2004." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/2165.
Анотація:
Thesis (LLM (Private Law))--University of Stellenbosch, 2009.ENGLISH ABSTRACT: In this thesis, the Communal Land Rights Act 11 0f 2004 is analysed in order to determine whether it can give effect to the constitutional mandate in terms of which it was promulgated, namely section 25(5), (6) and (9) of the Constitution. Land policy pertaining to land tenure reform is discussed to see how and to what extent it finds application in the Act. The time-consuming process pertaining to the registration of the community rules is investigated, and the implications where a community fails to adhere to this peremptory provision in the Act are explained. The thesis also analyses and discusses the functions of statutorily created institutions, like the land administration committee and the land rights boards, in the efficient management of land in rural areas. The aforementioned land administration committee is particularly problematic, since the Act provides that in cases where a recognised tribal authority exist, that institution “may” be considered as the land administration committee, subject to prescribed composition requirements as contained in the Act. The Traditional Leadership and Governance Framework Act will also be discussed since it intersects with the Communal Land Rights Act in this regard. The pending constitutional challenge which relates to this potentially problematic issue, will be discussed. The constitutional challenge of the Act by four communities’ is explored in order to indicate just how potentially problematic the institution of traditional leadership could be. vi This study also discusses and analyses the compromise contained in the Act, regarding the registration of the land title of a community and the registration of “new order rights” in the name of individuals. In this context the impact of this process on the efficacy on the current Deeds registration system is investigated. The Ministerial determination and its constitutional implications is yet another issue, examined in this study. All of these issues will have a negative impact on the implementation of the Communal Land Rights Act and especially on achieving tenure security.
AFRIKAANS OPSOMMING: In hierdie tesis word die Wet op Kommunale Grondregte 11 van 2004 geanaliseer om te bepaal of dit inderdaad voldoen aan die grondwetlike mandaat soos voorsien in art 25(5), (6) en (9) van die Grondwet. Die beleid van toepassing op grondbeheerhervorming word bespreek om te bepaal tot watter mate dit wel in die Wet aanwending vind. Die tydrowende prosedure van die registrasie van gemeenskapsreëls word ondersoek, asook die implikasies indien ‘n gemeenskap nie aan die voorskriftelike bepaling voldoen nie. Die tesis bespreek en evalueer ook die funksies van die twee instellings wat statutêr geskep is, naamlik grond administrasie komitees en grondregte rade. Die twee instellings is geskep met die doel om van hulp te wees in die effektiewe administrasie van grond in die kommunale areas. Dit is veral die grond administrasie komitee wat problematies is, omdat die Wet op Kommunale Grondregte bepaal dat waar ‘n gemeenskap ‘n erkende tradisionele owerheid het, hierdie owerheid beskou sal word as die grond administrasie komitee van daardie spesifieke gemeenskap. In hierdie konteks is ‘n bespreking van die Wet op Tradisionele Leierskap en Regeringsraamwerk, noodsaaklik. Die betwiste grondwetlike kwessie wat tot op hede nog onbeslis is wat hiermee verband hou, sal ook bespreek word. ‘n Kort uiteensetting word gedoen van die vier gemeenskappe wat die Wet op grondwetlik gronde aanveg om presies te probeer aantoon hoe problematies die instelling van tradisionele leierskap is. Hierdie studie bespreek en analiseer verder ook die kompromis wat getref is tussen registrasie van die titelakte in die naam van ‘n gemeenskap en die viii registrasie van sogenaamde “nuwe orde regte” in die naam van individue. Die impak van hierdie magdom registrasies op die bestaande registrasiesisteem word ook oorweeg. Die grondwetlikheid van die ministeriële besluitnemingsbevoegdheid word breedvoerig bespreek in hierdie studie. Al hierdie genoemde kwessies mag nadelige impak hê op die implementering van die Wet op Kommunale Grondregte en spesifiek ook op grondbeheerhervorming.
36
Howard, Sarah May. "Ethnicity, autonomy, land and development : the Miskitu of Nicaragua's Northern Atlantic Coast." Thesis, University of Oxford, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.357634.
37
Fabbriciani, Antonio Antonino. "Land reform policies and human rights : a South African case study." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/502.
Анотація:
This treatise begins with a discussion of different clauses of the Bill of Rights in the South African Constitution and the land reform policies of the South African government. The inequality and injustice caused by decades of apartheid land law forms the background of the land reform programme. The treatise addresses the consequences of this legacy on the implementation of the South African Constitution including the right to property. The discussion includes the three key elements of the land reform programme namely restitution, redistribution and tenure reform. The content of this treatise ranges over these three elements of land reform, applying constitutional issues to the relevant case law, The balancing and the reconciliation of rights and interest between the individual and the public in a just manner will be the barometer. The conclusion shows that the Constitution both protects existing rights and authorises the promotion of land reform within the framework of Section 25 of the Constitution, and that every aspect of the property clause has to be regarded as part of a constitional effort in balancing individual interest and public interest in terms of a constitutional order. It is my sincere hope that this treatise will contribute toward the achievement of equity, stability and by the values of an open and democratic society based on human dignity, freedom and human rights.
38
Xanthaki, Alexandra. "Indigenous rights in the United Nations system : self-determination, culture, land." Thesis, Keele University, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.394654.
39
Tian, Li. "Betterment and compensation under the land use rights system of China." Thesis, University of Cambridge, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.614302.
40
Wara, George Fordam Otieno. "State Recognition of Customary Land Rights in the Kenyan Rift Valley." Thesis, University of Pretoria, 2021. http://hdl.handle.net/2263/78592.
Анотація:
This thesis is about the struggles of communities inhabiting the Kenyan Rift Valley to assert their customary land rights. I focus on the Rift Valley because its interface of dominance by the state statutory system over the community systems continues to pose an existential threat to the Kenyan state. I chose the Maasai, Kikuyu, Nandi and Kipsigis because the Maasai lost the largest amount of land to European settlement in the Rift Valley, the Kikuyu represent the latest community migrants to the region while the Nandi and Kipsigis claim the Rift Valley to be their ancestral land. I use theoretical concepts of systems theory, social dominance and legal pluralism to test whether the new interface model of recognition by the state of communal tenure will be effective in redressing the unhealthy competition for land resources, instabilities and conflict in the region. The struggles of these Rift Valley communities against the state system date back to 1895 when the British established a protectorate over East Africa and implemented policies that disrupted the equilibrium between the communities and their environments. The colonial state and the neo-colonial state disrupted the customary practices of the Rift Valley communities by dispossessing them of their lands. As a result of this disruption, these communities, as systems, have been pushed to the fringes of the Kenyan socio-economic system. The communities remained resilient and continued to resist the state’s disruption by asserting their customary land rights. They organized local protests that grew so widespread and complex as to pose an existential threat to the state. The colonial state then decided to increase African participation in the integrated Kenyan socio-economic system through an assimilationist policy known as the Swynnerton Plan. The Swynnerton Plan failed to adequately address the disruption because it favoured a progression in the direction of individual tenure and away from communal tenure. The first Kenyan Constitution of 1963 continued the trend toward individual tenure rights as it also failed to recognize communal tenure rights. Shortly after Kenyan independence, the state attempted to confer tenure rights to pastoral communities through the creation of group ranches. However, this effort also failed mainly because of a disconnect between the communities and the individuals that they entrusted with the management of their land. State intervention concerning community land rights in South Africa, Australia, Tanzania and Canada have shown that effective recognition and enforcement of such rights is possible where there is political goodwill. Recent legal developments in Kenya are also encouraging steps in the effort to create a stable interface between the state and community systems. Kenya promulgated a new Constitution in 2010 that finally recognizes communal tenure. It subsequently enacted legislation in 2012 to initiate investigations into historical land injustices and to recommend appropriate redress. Significantly for customary land rights, Kenya enacted legislation in 2016 that defines community land to include customary land. I conclude with suggestions on remodelling and implementation of this new communal tenure framework to effectively recognize the customary land rights of communities inhabiting the Rift Valley.Thesis (LLD)--University of Pretoria, 2021.
Public Law
LLD
Unrestricted
41
Ge, Muyang. "Three Essays on Land Property Rights, Water Trade, and Regional Development." DigitalCommons@USU, 2019. https://digitalcommons.usu.edu/etd/7492.
Анотація:
This dissertation explores how property rights to a natural resource affect economic decisions for investment or sale, and how these decisions may in turn impact other areas of the economy. The first essay focuses on how incomplete land ownership on Indian Reservations in the United States affects landowner incentives to engage in agricultural production. The second essay explores how the transfer of water in arid regions via water right sales affects local labor markets and environmental outcomes. The third essay seeks to understand how shale-gas drilling has affected organic food production. This dissertation provides several policy implications. First, the findings suggest that the key to improving lagging agricultural development on American Indian land is to improve tribal farmers’ access to capital, so they can invest in agricultural systems (including irrigation) at the level of their neighbors enjoying fee-simple title. Second, while a potentially effective solution to reduce costly water shortfalls among high-value urban users, water sales from agricultural to urban users appear to simultaneously decrease employment and environmental quality in the water exporting region. Third, Drilling activities appear to discourage organic farming in Colorado. While farmers with mineral ownership benefit, identifying the direct causes of lost organic certification can inform policy that regulates negative externalities on organic farms caused by drilling.
42
Li, Wenjing <1982>. "The economic analysis of the usufructuary rights on land of China." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2010. http://amsdottorato.unibo.it/3047/1/The_economic_analysis_of_the_usufructuary_rights_on_land_of_China.pdf.
43
Li, Wenjing <1982>. "The economic analysis of the usufructuary rights on land of China." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2010. http://amsdottorato.unibo.it/3047/.
44
Onyango, Isaiah Okeyo. "Land, Gender and Livelihoods Contestations and Negotiations of land rights of women in different subject-positions in Luo land of Western Kenya." Thesis, University of Reading, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.511665.
45
Kaunda, Moses. "Land policy in Zambia : evolution, critique and prognosis." Thesis, University of Cambridge, 1993. https://www.repository.cam.ac.uk/handle/1810/251635.
46
Hanham, Susan Janette, and n/a. "�Where land meets water� : rights to the foreshore of Otakou Maori Reserve." University of Otago. Department of Surveying, 1996. http://adt.otago.ac.nz./public/adt-NZDU20070530.153901.
Анотація:
Rights to possess and/or use the foreshore of New Zealand are not clear, and are even cloudier in relation to Maori freehold land that is on the coast. This thesis investigates the law pertaining to rights in the foreshore, and the facts pertaining specifically to the use of the Otakou Maori Reserve foreshore. In particular, the research question is this: what does aboriginal title mean in 1996 for Otago Maori? Examining the legal issues, searching individual titles and gathering oral history are the methods used to answer this question.
First, the law. In New Zealand the Crown is prima facie the absolute owner of the foreshore. This can be displaced by proof to the contrary. The doctrine of aboriginal title recognises the legal continuity of tribal property rights upon the Crown�s acquisition of sovereignty over their territory. Aboriginal title can be divided into two categories - territorial and non-territorial. Territorial title represents a tribal claim to full ownership, and non-territorial title to rights that are less than absolute ownership, such as the right to cross land, to fish and to collect flora and fauna. It is this doctrine of aboriginal title as it relates to the foreshore that can displace the Crown�s absolute ownership of the foreshore.
Second, the facts. 99% of the coastal land parcels of Otakou Maori Reserve are described in written documentation as to the line of mean high water. This 99% is made up 17% Maori freehold land, 49% general land and 33% vested in the Crown or the Dunedin City Council. The remaining 1% is Maori freehold land that does not have its boundary at mean high water, but has a fixed upland boundary. Oral history facts from the takatawhenua identify that the foreshore continues to be used for access, travel, and the collection of kai moana and sea resources.
The findings reveal that Kai Tahu ki Otakou have never extinguised their territorial and non-territorial aboriginal title to the foreshore of Otakou Maori Reserve. Suggested areas for future research include an investigation of other Maori reserves in Otago, and examining the doctrine of aboriginal title as it relates to the beds of watercourses.
47
Noor, Aslan. "Konsep hak milik atas tanah bagi bangsa Indonesia ditinjau dari ajaran hak asasi manusia." Bandung : Mandar Maju, 2006. http://books.google.com/books?id=Hn-bAAAAMAAJ.
Анотація:
Thesis (doctoral)--Universitas Negeri Padjadjaran, 2003.Originally presented as the author's thesis (doctoral--Universitas Padjadjaran, Bandung, 2003) under title: Konsepsi hak milik atas tanah bagi bangsa Indonesia ditinjau dari ajaran hak asasi manusia. Includes bibliographical references (p. 357-366).
48
Kleinbooi, Karin. "Gendered land rights in the rural areas of Namaqualand : a study of women's perceptions and understandings." University of the Western Cape, 2011. http://hdl.handle.net/11394/5102.
Анотація:
Magister Philosophiae - MPhilThis study focuses on women's perceptions of land rights in the communal areas of Namaqualand in the Northern Cape province of South Africa. Here women farm land which they can access only through their relationships with male kin. Women's use rights are dependent on their relationships with fathers, husbands and sons; and it is virtually impossible for women to obtain land in their own names. Women's own views of rights, of access, of control and authority over land display a significant gender bias in favour of men. This study explores women's understandings and perceptions of land rights and agriculture and other forms of land use. The objectives of the study are to explore the links between patriarchal social systems and women's conservative attitudes towards holding land; and to show how current policy processes and legislation – aimed at strengthening the rights of existing landholders in communal areas – allow local customs to continue to entrench gender discriminatory practices. A small study was conducted through in-depth interviews with sixty-five women and two focus group discussions with women in Namaqualand. The scope of the study was limited to exploring the nature of women's land rights in five of the communal areas of Namaqualand; formal and informal "rules" around women's land rights; women's practices of asserting or realising land rights; challenges and opportunities that women experience in claiming their land rights; the views and understandings of women in relation to land use and its contribution to livelihoods; and how women understand the impact of current land reform policies on their access to land. For the purpose of this thesis, literature on land tenure, gender and land rights as well as on the history of the former Coloured rural reserves of Namaqualand was considered. The key findings of the study indicate that women are disadvantaged by historical norms, values and attitudes, which afford them only secondary rights to land. Yet, informal land practices – however limited – show that in some cases women are creating opportunities to gain access to land independently. For this to become the norm rather than an exception, these practices need recognition and support within the on-going land reform transformation process in Namaqualand.
49
Barume, Albert K. "Protection of indigenous' land rights in central, eastern and southern Africa : cases of Tanzanian and Kenyan land laws." Thesis, University of Essex, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.397724.
50
Maxwell, Douglas. "Rights to property, rights to buy, and land law reform : applying Article 1 of the First Protocol to the European Convention on Human Rights." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/285096.
Анотація:
This dissertation examines the application and effect of Article 1 of the First Protocol to the ECHR in relation to Scots land law reform. Chapter one will reflect on why existing rights to property have come to be challenged. Chapter two sets out the human rights paradigm and scrutinises what rights and whose rights are engaged. Chapter three traces the development of A1P1. Chapter four applies the human rights paradigm to contemporary reforms. Chapter five considers the broader effect A1P1 has had on domestic property law. This dissertation submits that the problem to be overcome is that, in many instances, Scots land law reform has been reduced into a simplistic struggle. A1P1 has been held up as either a citadel protecting landowners or as an ineffective and unjustified right to be ignored. At the core of this debate are competing claims between liberal individualist rights to property and socially democratic, egalitarian goals. This dissertation argues that it is important to move beyond this binary debate. This is not about finding some mysterious "red card" or eureka moment that conclusively shows compatibility or incompatibility. Instead, compatibility will be determined by following a rule-based approach that values rational decision-making and the best available evidence, as well as the importance of democratic institutions. As such, it will be illustrated how future challenges are likely to focus not on the underlying purpose of land law reform but on the macro or micro granularity of Ministerial discretion. In coming to this conclusion, it will be argued that A1P1 has a pervasive influence on the entire workings of all public bodies and, like a dye, permeates the legislative process.