Questioning the “Regulatory Approach” to Large-Scale Agricultural Land Transfers in Ethiopia: A Legal Pluralistic Perspective

2014 ◽  
Vol 7 (2) ◽  
Author(s):  
Fantu F. Mulleta ◽  
Pierre Merlet ◽  
Johan Bastiaensen
Keyword(s):  
Large Scale ◽  
Agricultural Land ◽  
Codes Of Conduct ◽  
Analytical Framework ◽  
International Standards ◽  
Positive Development ◽  
Power Structures ◽  
Political Dimension ◽  
Large Scale Land ◽  
Development Outcomes

AbstractUntil now, most policy recommendations put forward to deal with the possible negative impacts of large-scale land acquisitions are either directed towards the legal recognition and formalization of land rights in order to secure the rights of historical land holders or the design and implementation of “voluntary” guidelines and codes of conduct that promote positive development outcomes of large-scale land investments. This paper argues that these types of recommendations tend to depoliticize the debate around access to land and natural resources, whether at local, national and international levels. This paper looks to bring this political dimension back by proposing an analytical framework in line with the legal pluralist tradition. From a legal pluralistic analysis of the process of land deals in Ethiopia, this paper finds out that socio-cultural identity and power structures, rather than market and regulatory failure alone, play a fundamental role in redirecting negotiations and determining losers and winners from such deals. With the above finding, this paper finally suggests that blueprint international standards or investment regulatory measures cannot be used as a panacea and that solutions need to be more profound than such conventional approach.

“Community Interests” and the Role of International Law in the Creation of a Global Market for Agricultural Land

2018 ◽  
Author(s):  
Jochen von Bernstorff
Keyword(s):  
International Law ◽  
Large Scale ◽  
Agricultural Land ◽  
Food Sovereignty ◽  
Global Market ◽  
Negative Consequences ◽  
Cultural Rights ◽  
Land Grab ◽  
Large Scale Land ◽  
The One

The chapter explores the notion of “community interests” with regard to the global “land-grab” phenomenon. Over the last decade, a dramatic increase of foreign investment in agricultural land could be observed. Bilateral investment treaties protect around 75 per cent of these large-scale land acquisitions, many of which came with associated social problems, such as displaced local populations and negative consequences for food security in Third World countries receiving these large-scale foreign investments. Hence, two potentially conflicting areas of international law are relevant in this context: Economic, social, and cultural rights and the principles of permanent sovereignty over natural resources and “food sovereignty” challenging large-scale investments on the one hand, and specific norms of international economic law stabilizing them on the other. The contribution discusses the usefulness of the concept of “community interests” in cases where the two colliding sets of norms are both considered to protect such interests.

scholarly journals What Drives Landowners to Resist Selling Their Land? Insights from Ethical Capitalism and Landowners’ Perceptions

Land ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 312
Author(s):  
Ruxandra Malina Petrescu-Mag ◽  
Hamid Rastegari Kopaei ◽  
Dacinia Crina Petrescu
Keyword(s):  
Large Scale ◽  
Critical Reflection ◽  
Agricultural Land ◽  
Urban Land ◽  
Land Conversion ◽  
Land Grabbing ◽  
Ethical Perspective ◽  
Land Acquisitions ◽  
Large Scale Land ◽  
Land Transactions

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.

scholarly journals Interplay of land governance and large-scale agricultural investment: evidence from Ghana and Kenya

2015 ◽  
Vol 53 (1) ◽  
pp. 69-92 ◽  
Author(s):  
Kerstin Nolte ◽  
Susanne Johanna Väth
Keyword(s):  
Large Scale ◽  
Agricultural Land ◽  
Window Of Opportunity ◽  
Governance System ◽  
Agricultural Investment ◽  
Investment Projects ◽  
Specific Investment ◽  
Land Acquisitions ◽  
Governance Systems ◽  
Large Scale Land

AbstractThis comparative analysis examines how large-scale agricultural land acquisitions are implemented in Ghana and Kenya, using embedded case studies of two specific investment projects. We find that insufficiencies in these countries' land governance systems are partly caused by discrepancies betweende jureand de facto procedures and that powerful actors tend to operate in the legal grey areas. These actors determine the implementation of projects to a large extent. Displacement and compensation are highly emotive issues that exacerbate tensions around the investment. We also find that large-scale land acquisitions have a feedback effect on the land governance system, which suggests that large-scale land acquisitions can be drivers of institutional change. We suggest there may be a window of opportunity here to reform these land governance systems.

scholarly journals Resource-Financed Infrastructure: Thoughts on Four Chinese-Financed Projects in Uganda

2021 ◽  
Vol 13 (6) ◽  
pp. 3259
Author(s):  
Tom Ogwang ◽  
Frank Vanclay
Keyword(s):  
Social Impact ◽  
Developing Economies ◽  
International Standards ◽  
Benefit Sharing ◽  
Positive Development ◽  
Infrastructure Projects ◽  
Public Infrastructure ◽  
Construction Companies ◽  
Hydroelectric Dam ◽  
Development Outcomes

Increasingly common methods for financing public infrastructure in developing economies are Resources-for-Infrastructure (R4I) and Resource-Financed Infrastructure (RFI), usually involving Chinese financial institutions and Chinese construction companies. Although there are advantages to the borrowing country from these project financing arrangements, there are also various issues and governance challenges. In Uganda, expectations around future revenue from oil extraction have led to many infrastructure projects being commissioned, mostly funded by RFI arrangements. To consider the appropriateness of these arrangements and to reflect on whether they are likely to contribute to positive development outcomes or be examples of the resource curse, we examined four public infrastructure projects: Kampala–Entebbe Expressway; Karuma Hydroelectric Dam; Isimba Hydroelectric Dam; and the Malaba to Kampala section of the East Africa Standard Gauge Railway. Although R4I/RFI arrangements are viewed positively by some commentators, others (especially local companies) consider they lack transparency, create unsustainable debt, promote China’s interests over the borrowing country, increase unemployment, unfairly compete with local business, deal in corruption, have poor working conditions, and result in substandard construction. Nevertheless, we conclude that Uganda and other developing countries have generally benefited from Chinese-funded infrastructure, and there is more myth trap than debt trap. However, to ensure positive development outcomes, governments and construction companies should ensure compliance with international standards, especially relating to: environmental and social impact assessment; human rights; benefit-sharing arrangements; livelihood restoration; and project-induced displacement and resettlement.

Narratives of Waste

2021 ◽  
pp. 104-123
Author(s):  
Sai Balakrishnan
Keyword(s):  
Large Scale ◽  
Agricultural Land ◽  
Urban Economy ◽  
Lower Class ◽  
Land Acquisition ◽  
Land Expropriation ◽  
Land Quality ◽  
Large Scale Land ◽  
Caste Groups ◽  
Economic Zones

This chapter analyzes the contradictory regional class and caste politics of large-scale land investments in Maharashtra, India, focusing on the conversion of peri-urban agricultural land into urban real estate. The chapter uses the case of the Khed special economic zones (SEZ) to explore these contradictions and unexpected twists in Maharashtra's land commodification tale. Whereas dominant agrarian castes long-invested in commodity agricultural production and with the deepest ties to urban capital vociferously protested land acquisition for the formation of a special economic zone, Adivasi “tribals” along with Dalit groups historically dependent on “waste” lands embraced forced land acquisition. It shows how historic narratives of waste that twin expectations about poor land quality to presumptions of wasteland occupants' social backwardness were leveraged by lower-class and -caste groups to portray land expropriation as a means of pursuing a place in the urban economy. Ultimately, the chapter highlights how fictions of waste that previously excluded the most socially subordinated groups from crop capitalism became an instrument of urban inclusion.

TO THE QUESTION OF RESPONSIBILITY FOR TORTURE IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 10 (2) ◽  
pp. 103-106
Author(s):  
ASTEMIR ZHURTOV ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Large Scale ◽  
Human Life ◽  
International Standards ◽  
World Community ◽  
The World ◽  
Long Time ◽  
Protection Of Human Rights ◽  
The Russian Federation

Cruel and inhumane acts that harm human life and health, as well as humiliate the dignity, are prohibited in most countries of the world, and Russia is no exception in this issue. The article presents an analysis of the institution of responsibility for torture in the Russian Federation. The author comes to the conclusion that the current criminal law of Russia superficially and fragmentally regulates liability for torture, in connection with which the author formulated the proposals to define such act as an independent crime. In the frame of modern globalization, the world community pays special attention to the protection of human rights, in connection with which large-scale international standards have been created a long time ago. The Universal Declaration of Human Rights and other international acts enshrine prohibitions of cruel and inhumane acts that harm human life and health, as well as degrade the dignity.Considering the historical experience of the past, these standards focus on the prohibition of any kind of torture, regardless of the purpose of their implementation.

Partnerships Generate Co-Benefits in Agricultural Stream Restoration (Canterbury, New Zealand)

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Catherine M. Febria ◽  
Maggie Bayfield ◽  
Kathryn E. Collins ◽  
Hayley S. Devlin ◽  
Brandon C. Goeller ◽  
...  
Keyword(s):  
New Zealand ◽  
Large Scale ◽  
Agricultural Land ◽  
Indigenous Rights ◽  
Freshwater Ecosystem ◽  
Reduced Pressure ◽  
Ecosystem Integrity ◽  
Riparian Management ◽  
Scale Change ◽  
Large Scale Change

In Aotearoa New Zealand, agricultural land-use intensification and decline in freshwater ecosystem integrity pose complex challenges for science and society. Despite riparian management programmes across the country, there is frustration over a lack in widespread uptake, upfront financial costs, possible loss in income, obstructive legislation and delays in ecological recovery. Thus, social, economic and institutional barriers exist when implementing and assessing agricultural freshwater restoration. Partnerships are essential to overcome such barriers by identifying and promoting co-benefits that result in amplifying individual efforts among stakeholder groups into coordinated, large-scale change. Here, we describe how initial progress by a sole farming family at the Silverstream in the Canterbury region, South Island, New Zealand, was used as a catalyst for change by the Canterbury Waterway Rehabilitation Experiment, a university-led restoration research project. Partners included farmers, researchers, government, industry, treaty partners (Indigenous rights-holders) and practitioners. Local capacity and capability was strengthened with practitioner groups, schools and the wider community. With partnerships in place, co-benefits included lowered costs involved with large-scale actions (e.g., earth moving), reduced pressure on individual farmers to undertake large-scale change (e.g., increased participation and engagement), while also legitimising the social contracts for farmers, scientists, government and industry to engage in farming and freshwater management. We describe contributions and benefits generated from the project and describe iterative actions that together built trust, leveraged and aligned opportunities. These actions were scaled from a single farm to multiple catchments nationally.

Phosphorus Leaching Under Cut Grassland

1999 ◽  
Vol 39 (12) ◽  
pp. 63-67 ◽  
Author(s):  
B. L. Turner ◽  
P. M. Haygarth
Keyword(s):  
Surface Waters ◽  
Large Scale ◽  
Agricultural Land ◽  
Algal Growth ◽  
Soil Types ◽  
P Fractions ◽  
Inorganic P ◽  
Potential Source ◽  
Significant Mechanism ◽  
Total P

Phosphorus (P) transfer from agricultural land to surface waters can contribute to eutrophication, excess algal growth and associated water quality problems. Grasslands have a high potential for P transfer, as they receive P inputs as mineral fertiliser and concentrates cycled through livestock manures. The transfer of P can occur through surface and subsurface pathways, although the capacity of most soils to fix inorganic P has meant that subsurface P transfer by leaching mechanisms has often been perceived as negligible. We investigated this using large-scale monolith lysimeters (135 cm deep, 80 cm diameter) to monitor leachate P under four grassland soil types. Leachate was collected during the 1997–98 drainage year and analysed for a range of P fractions. Mean concentrations of total P routinely exceeded 100 μg l−1 from all soil types and, therefore, exceeded P concentrations above which eutrophication and algal growth can occur. The majority of the leachate P was in algal-available Mo-reactive (inorganic) forms, although a large proportion occurred in unreactive (organic) forms. We suggest that subsurface transfer by leaching can represent a significant mechanism for agricultural P transfer from some soils and must be given greater consideration as a potential source of diffuse P pollution to surface waters.

Sign in / Sign up

Export Citation Format

Share Document