Land Tenure and the State in the Precolonial Sudan

2002 ◽  
Vol 9 (1) ◽  
pp. 33-66 ◽  
Author(s):  
Jay. Spaulding ◽  
Lidwien. Kapteijns
Keyword(s):  
2021 ◽  
pp. 147309522110373
Author(s):  
Hayden Shelby

This article theorizes the potential roles of the state in the urban commons through an analysis of a slum upgrading program in Thailand that employs collective forms of land tenure. In examining the transformation of the program from a grassroots movement to a “best practice” policy, the article demonstrates how the state has expanded from mere enabler of the commons to active promoter. In the process, the role of many residents has evolved from actively creating the institutions of collective governance— commoning—to adopting institutions prescribed by the state— being commoned. However, by comparing the work to two different groups of communities who work within the context of the policy, the article illustrates how active commoning can still take place in such contexts.


Obiter ◽  
2021 ◽  
Vol 42 (1) ◽  
pp. 175-185
Author(s):  
George Barrie

The facts in this case, which fell to be decided by the Supreme Court of Namibia in November 2018, can be succinctly put: in 1985, Ms Kashela’s late father was allocated a piece of land as part of communal land by the Mafwe Traditional Authority (MTA) in the Caprivi region of the then-South West Africa (now Namibia). In 1985, the Caprivi region fell under the then-South West Africa Administration. Following the independence of Namibia on 21 March 1990, all communal lands became property of the state of Namibia by virtue of section 124 of the Constitution of Namibia Act 1 of 1990, read with Schedule 5 of the Constitution. Paragraph (3) of Schedule 5 of the Constitution states that the afore-mentioned communal lands became property of the state “subject to any existing right, charge, obligation or trust existing on or over such property”.


2017 ◽  
Vol 1 (2) ◽  
pp. 21
Author(s):  
Bobby Anderson ◽  
Patamawadee Jongruck

Opium poppy cultivation in Thailand fell from 12,112 hectares in 1961 to 281 ha in 2015. One outlier exists: Chiang Mai province’s remote southwestern district, Omkoi. 90% of the district is a national forest reserve where human habitation is illegal. However, an ethnic Karen population has lived there since long before the law that outlawed them was created, unconnected to the state by road, with limited or no access to health, education and other services: they cultivate the majority of Thailand’s known opium poppy, because they have little other choice. They increasingly rely on cash-based markets, their lack of citizenship precludes them from land tenure which might incentivize them to grow alternate crops, and their statelessness precludes them from services and protections. Nor is the Thai state the singular Leviathan that states are often assumed to be; it is a collection of networks with divergent interests, of whom one of the most powerful, the Royal Forestry Department, has purposely made Omkoi’s population illegible to the state, and has consistently blocked the attempts of other state actors to complexify this state space beyond the simplicity of its forest. These factors make short-term, high-yield, high value, imperishable opium the most logical economic choice for poor Karen farmers residing in this “non-state” space.


2015 ◽  
Vol 2 (2) ◽  
pp. 285-300 ◽  
Author(s):  
Lilis MULYANI

AbstractDue to the pressures of urbanization, the urban poor often find themselves trapped in illegal settlements and informal employment. As housing is not affordable and formal employment is inaccessible to them because of their lack of education and skills, they live a precarious existence with insecure land tenure and employment. Discriminated against by the state on the grounds of their illegal status, the urban poor are unable to establish their identity and personhood rights as urban citizens, and so cannot access basic rights such as health care and social security. This article is based on fieldwork in Surakarta in Indonesia which studied the impact of a land-titling programme in an area previously characterized by informal tenure. It finds that the legitimation provided by land titles had a significant impact upon the lives of the residents, enabling them to access other personhood rights.


Forests ◽  
2020 ◽  
Vol 11 (3) ◽  
pp. 284 ◽  
Author(s):  
Tran Cuong ◽  
Tran Thi Quy Chinh ◽  
Yaoqi Zhang ◽  
Yi Xie

Forest plantations have expanded rapidly in response to financial support from the state and local governments and have had significant positive impacts on rural livelihoods and development in Vietnam, since the late 1980s. This study used net present value (NPV) and internal rate of return (IRR) to examine the economic performance of plantations for three species, Acacia mangium Willd, Eucalyptus (Eucalyptus urophylla S.T. Blake × Eucalyptus camaldulensis Dehn), and Manglietia conifera Dandy, in Bac Kan province. On the basis of an annual discount rate of 6%, the results showed that rural households earned positive financial returns from forest plantations with seven-year rotations. Eucalyptus generated the highest NPV but A. mangium generated the greatest IRR. The plantations were facilitated by financial support from the state, land tenure reforms, and wood exports. The results provide valuable business information and policy implications for both local farmers and policy makers. Since the farmers consider more of the short term and economic return of the plantations, the results provide valuable information for policy makers to apply subsidies and other support to promote plantations with significant ecological and environmental benefits for sustainable development of rural economies.


1993 ◽  
Vol 25 (1) ◽  
pp. 5-15 ◽  
Author(s):  
Mansoureh Ettehadieh Nezam-Mafi

The history and development of land tenure in Iran have been affected by many factors, including climatic conditions, scarcity of water, lack of security, widespread tribalism, and legal and administrative confusion. In addition to limitations in resources, political instability in the premodern period molded systems of land tenure in Iran. Changes of dynasty were frequent and usually followed by the confiscation and redistribution of land. The Qajar dynasty (1788–1925), which came to power after a long period of anarchy and civil war, continued that general pattern. There were three classes of land ownership in Iran in this period: waqfs (religious endowments), arbābī (land owned by large landlords), and khāliṣah (state-owned lands). This last category was composed of lands confiscated by the government as punishment for rebellion or failure to pay taxes. As land was often the only form of wealth landlords had, the threat of government confiscation was an instrument of control as well as a source of revenue for the state. The khāliṣah were usually rented out on long-term leases or were granted as ṭuyul, that is in lieu of services rendered or salaries deferred. The khāliṣah were also in some instances farmed directly by the government. These lands were cultivated by peasants under conditions similar to those of the arbābī lands. They were scattered throughout the country and were also subject to various local and regional variations in agricultural taxes.


2021 ◽  
pp. 74-80
Author(s):  
Tetiana Ivaniuk

Purpose. The aim of the article is determining the conditions of rational use of agricultural land conditions and substantiation of measures to optimize the distribution and rational use of agricultural land. Methodology of research. General scientific and special methods are used to achieve this goal: the dialectical method of scientific knowledge – to consider the essence of the rational use of land and its protection; synthesis – to clarify the relationship between the subjects of land relations; analysis – to assess the constituent elements of agricultural land; graphic – for visual display of the obtained results; abstract and logical method – for the formation of conclusions and research proposals. Findings. The state and rational use of land in the region and the state are studied. The structure of agricultural lands in Ivano-Frankivsk region and Ukraine is analysed. The main ecological and economic aspects of land tenure and land use in agriculture are described, including changes in land relations. The main reasons that caused the negative trends of rational use and protection of land in agriculture are identified. Measures have been developed for the rational use of land in the economic activity of land and its protection. Originality. Approaches to the interpretation of the concept of “rational use of land” are systematized and generalized. Measures on rational use of agricultural lands in economic activity are offered, namely: creation and realization of innovative scientific and technical programs in the field of rational use of lands and their protection; improving the regulatory framework in the field of land relations; development of a mechanism for financing programs; introduction of environmentally friendly ways of agricultural production, etc. Practical value. The expediency of studying and forming the conditions of rational use of agricultural lands is proved. The results of the study can be used by agricultural enterprises in conducting business activities. Key words: agricultural lands, rational use of lands, land protection, land tenure, land use, land fund, agricultural enterprises.


2020 ◽  
Vol 2 (59) ◽  
pp. 283
Author(s):  
Valmir César POZZETTI ◽  
Rebecca Lucas Camilo Susano LOUREIRO

RESUMO Objetivo: Esta pesquisa tem como objetivo identificar quais os possíveis reflexos da legitimação fundiária dos núcleos urbanos informais consolidados ao meio ambiente. Metodologia: A metodologia utilizada, quanto aos meios, é o método dedutivo, por meio de análise doutrinária, bibliográfica e normativa. Quanto aos fins, a metodologia é qualitativa. Resultados: A conclusão a que chegou é de que a legitimação fundiária é um instrumento frágil, que não solucionará o problema da moradia digna no Brasil e trará consequências graves ao meio ambiente das cidades. Contribuições: A exclusão do estudo ambiental e dos projetos de urbanização em todos os casos que não envolvam áreas de proteção ambiental ocasionará um crescimento desordenado e de impossível correção, e para que haja uma real observância dos preceitos constitucionais é necessário que o Estado cumpra o seu dever de organização das cidades e pare de procurar mecanismos para aplacar as obrigações não cumpridas. Palavras-chave: Legitimação fundiária; meio ambiente urbano; ordenamento territorial; regularização urbana. ABSTRACT Objective: This research aims to identify which are the possible reflexes of land tenure legitimacy of informal urban centers consolidated to the environment.Methodology: The methodology used is deductive, through doctrinal, bibliographic and normative analysis. As for the purposes, the methodology is qualitative. Results: The conclusion reached is that land tenure is a fragile instrument, which will not solve the problem of decent housing in Brazil and will have serious consequences for the environment of cities.Contributions: The exclusion of the environmental study and urbanization projects in all cases that do not involve areas of environmental protection will cause a disorderly growth and of impossible correction, and in order to exist a real observance of the constitutional law, it is necessary that the State complies with its duty of organizing cities and stop looking for mechanisms to appease unfulfilled obligations.Keywords: Land tenure legitimization; urban environment; land legal system; urban regularization.


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