3 The Role of Property Rights in the Debate on Large-Scale Land Acquisitions

2016 ◽  
pp. 53-77 ◽  
2015 ◽  
Vol 8 (1) ◽  
Author(s):  
Yorck Diergarten ◽  
Tim Krieger

AbstractDeveloping countries with weak institutions often face severe commitment problems. International investors are reluctant to invest in these countries because their property rights are insufficiently protected. We argue that in order to overcome the commitment problem countries may subject investors’ rights protection to independent investment tribunals. These tribunals are known to strictly support property rights protection and to be reluctant to honor human rights considerations, although they might be applicable. This may explain why human rights of the local smallholders in large-scale land acquisitions are hardly protected in the Global South.


2014 ◽  
Vol 7 (2) ◽  
Author(s):  
Liz Alden Wily

AbstractThis paper reflects upon the role of law in the contemporary surge in global large-scale land acquisitions. Its point of reference is the land security of several billion rural poor who traditionally own and use untitled lands that are classified as state lands or unowned public lands in national laws. Most of the affected lands are off-farm areas including forests, marshlands, and rangelands. Investors target these lands in belief they are unowned. Governments concur, selling or leasing these lands on grounds of being technically the lawful owner and despite awareness that these lands are occupied and used. Despite the longstanding nature of such conflicts as well known and long debated, the present land rush brings unresolved contradictions between statutory and customary law and associated meanings of property firmly to the fore. Using Sub-Saharan Africa as the example, this paper examines the legal effects. It is shown that while millions of local land rights are threatened, the land rush also vitalises demands for improved national law status for unregistered customary rights, including those such as forest and rangelands purposely held by communities in common. To this extent, the contemporary rush could prove as much legal friend as foe to majority land rights in agrarian economies. This is partly because the current rush, unlike those that have gone before it, occurs in an environment of advanced popular communication, emergent mass empowerment, and has the advantage of a pre-rush era of legal improvement in the handling of indigenous and customary land rights that has established alternative precedents. Opportunities to coerce modification of classical dispossessory paths of economic growth strongly exist. Global advocacy for secure community land rights is rapidly advancing.


Land ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 312
Author(s):  
Ruxandra Malina Petrescu-Mag ◽  
Hamid Rastegari Kopaei ◽  
Dacinia Crina Petrescu

Foreign land grabbing is acknowledged as a phenomenon that generates disempowerment and dispossession of local farmers, human rights violations. Previous studies have revealed the lack of ethical benchmarks in foreign large-scale land transactions that raise moral concerns. It is evident that when resources are scarce and people depend on them, the balance between values and interests transforms itself into a dilemma. Within this context, the aims of the paper were to bring to the fore critical reflection on a more ethical perspective of large-scale land acquisitions and to extend the scant information on what factors determine landowners not to sell their land to foreigners to limit land grabbing. This context justifies the need for a critical reflection on a more ethical perspective of large-scale land acquisitions. Therefore, two objectives were set. The first one is to document the role of ethics in large-scale land transactions. Based on the land grabbing literature, authors selected a set of eight land grabbing narratives, most often interrelated and overlapping, that pose ethical considerations. The second objective is to reveal how well a set of variables can predict the “Resistance to sell” the land to foreigners even when an attractive price is offered. As ethics is a social construct, the analysis captured the stakeholders’ perspective on land grabbing. Therefore, a questionnaire was applied to a sample of 332 Romanian landowners from twelve randomly selected counties to reveal their perceptions. Partial least squares structural equation modeling (PLS-SEM) was used to observe how well a set of seven variables could predict landowners’ “Resistance to sell” their land to foreign buyers. The use of PLS-SEM was justified by the existence of single items and the need to examine many structural model relations. Results showed that the variables with the strongest contribution to the prediction of the dependent variable are the “Probability to join an association for farmers rights defense”, the “Importance of the land price offered by the potential foreign buyer”, and the “Perceived effect of agricultural land conversion to urban land”. Raising awareness on the importance of buyer attributes, increasing people’s perception of the negative effect of agricultural land conversion to urban land, or strengthening the state’s image as a necessary actor to limit land grabbing will increase landowners’ resistance to sell their land to foreigners. Finally, it can be inferred that, within this frame of discussion, ethics should be valued as a means to create economically viable and morally justifiable solutions for foreign large-scale land transactions.


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