scholarly journals Informal Land Rights and Infrastructure Retrofit: A Typology of Land Rights in Informal Settlements

Land ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 273
Author(s):  
Mahsa Mesgar ◽  
Diego Ramirez-Lovering

Informal settlements represent a challenging operational context for local government service providers due to precarious contextual conditions. Location choice and land procurement for public infrastructure raise the complicated question: who has the right to occupy, control, and use a piece of land in informal settlements? There is currently a dearth of intelligence on how to identify well-located land for public infrastructure, spatially and with careful consideration for safeguarding the claimed rights and preventing conflicts. Drawing on a case study of green infrastructure retrofit in seven informal settlements in Makassar, Indonesia, we classify the informal settlers’ land rights into four types: ownership, use, control, and management. This exploratory study uses a typological approach to investigate the spatial dimension of land rights in informal settlements. We introduce non-registrable land interests and the partial, dynamic, and informal land use rights that impact the land procurement for infrastructure retrofit. We also create a simple spatial matrix describing the control/power, responsibilities and land interests of different stakeholders involved in the location decision making for public infrastructure. We argue that without sufficient understanding of non-formal land rights, land procurement proposals for the public infrastructure upgrades can be frustrated by the individual or group claims on the land, making the service provision impossible in informal settlements.

2020 ◽  
Vol 1 (1) ◽  
pp. 95-100
Author(s):  
Made Ayu Wangi Utari Suryatika ◽  
I Gusti Bagus Suryawan ◽  
I Wayan Arthanaya

The role of land is very important in addition to being the capital for administering the life of the state but also the life of the people. Land function as the fulfillment  of  human  needs  in  many  aspects  such  as     for  housing,  agriculture, plantations, and industrial activities that require the availability of land. Land has a social function, where one of the government's efforts in the context of national development is development in the public interest, such as the construction of highways, people's settlements,  traditional  markets,  construction  of  mall  buildings  and  so  on.  So  the problem under investigation is What is the form of legal protection of land rights for the development of public interests, and how is the mechanism for compensating land rights for development of public interests. The method used is normative legal research with legislation and conceptual approaches, as well as sources of legal materials used are primary and secondary legal materials with collection techniques of library legal materials that are analyzed quantitatively in a descriptive analytical form. Based on the results of research and analysis, a conclusion can be drawn from legal protection of land rights that there are two forms of legal protection, namely preventive legal protection and repressive legal protection, in addition, Article 1 number 10 of Law No. 2 of 2012 is the basis of compensation for holders of land rights. The advice that can be delivered is that in practice the holders of land rights are often not satisfied with the compensation provided,  according  to  which  the  amount  of  compensation  is  not  proportional  to material and material losses. Therefore, it is expected that the government as the land acquisition party applies an objective objectivity where careful consideration and calculation are carried out, so that the compensation as expected by the holder of the right to the land and even later the compensation can become compensation.


Land ◽  
2021 ◽  
Vol 10 (12) ◽  
pp. 1311
Author(s):  
Mahsa Mesgar ◽  
Diego Ramirez-Lovering ◽  
Mohamed El-Sioufi

Tension and conflict are endemic to any upgrading initiative (including basic infrastructure provision) requiring private land contributions, whether in the form of voluntary donations or compensated land acquisitions. In informal urban contexts, practitioners must first identify well-suited land for public infrastructure, both spatially and with careful consideration for safeguarding claimed rights and preventing conflicts. At the same time, they need to defuse existing tensions over land ownership and land use rights while negotiating for the potential use of a unit of land for infrastructure. Even in the case of employing participatory methods, land negotiations are never tension-free. Despite the extensive literature on linkages between urban poverty, inefficient land management systems, and land disputes, in both rural and urban settings, land negotiations for community-scale infrastructure retrofit projects (e.g., neighbourhood roads, water and sanitation infrastructure) are yet to be fully explored. Drawing on a case study of a live green infrastructure retrofit project in six informal settlements in Makassar, Indonesia, we establish links to exchange theory, collective action, and negotiation theory to build a reliable analytical framework for understanding and explaining the land negotiations in small-scale infrastructure retrofit practices. We aim to describe and assess the fundamental conditions for land negotiations in an informal urban context and conclude the paper by summarising several key strategies developed and used in the case study area to forge land agreements.


Author(s):  
R. Dwight Laws ◽  
Scott L. Howell ◽  
Nathan K. Lindsay

The institutional decision about how much technology should be used to scale distance education enrollments, reduce costs, maximize profits, and protect course and program quality is both institutional specific and complex. Guri-Rosenblit (1999) noted that “many conventional universities worldwide operate as largescale universities and are in a continuous search to find the right balance between massification trends, quality education, and the catering to the individual needs of students” (p. 289). This research is an outgrowth of the authors’ own efforts to identify relevant scalability factors and their interrelationship one to another in a traditional university’s distance education program. This article identifies 10 additional factors beyond information technology (IT) or information communications technology (ICT) that merit careful consideration by decision makers as they define their own institutions’ degrees of scalability. Each institution’s level of scalability is determined or characterized in part by the interrelationship of these 10 factors within their given technological context or infrastructure: interaction, learning levels, student class standing, faculty tenure or continuing status, completion rates, cohort versus noncohort settings, degree- versus nondegree- seeking programs, market type, tuition costs, and profitability. The authors briefly examine their own distance education program and others, including those of mega-universities, across these 10 scalability factors.


Coordination lies at the heart of retrieval systems. A successful retrieval is a well-planned well-coordinated one. Despite this, very little has been written on the subject. Determining a patient’s clinical needs while simultaneously making complex logistical decisions involving multiple cases takes considerable skill and experience. This chapter covers the essentials of retrieval coordination including providing advice to referrers, case triage, and decisions surrounding crew, platform, and destination choice. The retrieval coordinator can feel lonely and overwhelmed at times and requires strategies to combat cognitive overload and manage conflict. Not all patients should be retrieved and a good grasp of end of life care and palliation is required. Retrieval coordination involves making the right decisions for both the individual patient and the system. Who has the most to gain by going first is a complex question requiring careful consideration.


2016 ◽  
Vol 35 (4) ◽  
pp. 234-239 ◽  
Author(s):  
Sara E. Rostas ◽  
Christopher McPherson

AbstractBronchopulmonary dysplasia is a morbidity of prematurity with implications into adulthood on respiratory and neurologic health. Multiple risk factors contribute to the development of bronchopulmonary dysplasia leading to examination of various strategies of prevention. Systemic corticosteroids are one prevention strategy with a large body of data, creating an ongoing controversy regarding the risks and benefits of therapy. Careful consideration of the available data along with the clinical characteristics of the individual infant is required before using this powerful therapy.


2014 ◽  
Vol 5 (4) ◽  
pp. 52-65
Author(s):  
Joanna Kulesza

This article analyses the contents of the universal right to free expression in the context of its applicability on-line. It starts off with a brief recapitulation of the origin, definition and interpretation of the right to free expression, derived from article 19 UDHR. It then goes on to name the three composite rights (the right to hold, impart and receive information and ideas) and details the limitations that may be put by states upon the individual exercise of those freedoms. States' duty to protect free expression is than identified as their negative obligation to refrain from infringement as well as a positive one, to guarantee that human rights are “protected, respected and remedied” within national legal systems. Then the role of Internet Service Providers is introduced as the gate keepers of free expression in the information society. Different schemes for national ISP liability mechanisms are presented: the notice-and-take down procedure as well as Internet content filtering (preventive censorship). The paper goes on to criticize both mechanisms as enabling ISPs too much freedom in deciding upon the shape and scope of individuals' right to impart and receive information.


2020 ◽  
Vol 26 (2) ◽  
pp. 232-236
Author(s):  
Manol Stanin

AbstractLimitation of rights is a measure proved its effectiveness with positive results for the community in war, military or another emergency.Attitude to rightsmust be human with a view to the right-to-human relationshipbecause the crossing of a certain boundary leads to a disintegration of rights and a negative impact on the personality.This implies necessity from legal institutionalization of clear criteria to refine the limitation of rights, both for the purpose of their protection and for the purpose of protecting the individual.


2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.


2019 ◽  
Vol 8 (1) ◽  
Author(s):  
Jyoti Narayan Patra ◽  
Jayanta Mete

Values are like seeds that sprout, become saplings, grow into trees and spread their branches all around. To be able to think right, to feel the right kind of emotions and to act in the desirable manner are the prime phases of personality development. Building up of values system starts with the individual, moves on to the family and community, reorienting systems, structures and institutions, spreading throughout the land and ultimately embracing the planet as a whole. The culture of inclusivity is particularly relevant and important in the context of our society, nation and making education a right for all children.


2020 ◽  
Vol 11 (SPL1) ◽  
pp. 1477-1481
Author(s):  
Ishwari Gaikwad ◽  
Priyanka Shelotkar

The current world situation is both frightening and alarming due to the massive disruption caused by the Covid-19 pandemic. The next few days are censorious as we need to be very precautious in our daily regimen as well as dietary habits. Ayurveda offers knowledge about food based on certain reasoning. Indecent food custom is the chief cause for the rising development of health disorders in the current era. In classical texts of Ayurveda, the concept of diet explained well, ranging from their natural sources, properties and specific utility in pathological as well as physiological manner. In this work, the review of the relevant literature of Ahara (Diet) was carried out from Charak Samhita and other texts, newspapers, articles, web page related to the same.  Every human being is unique with respect to his Prakriti (Physical and mental temperament), Agni (Digestive capacity), Koshtha  (Nature of bowel) etc. For that reason, the specificity of the individual should be kept in mind. Ahara, when consumed in the appropriate amount at the right moment following all Niyamas (Guidelines) given in Ayurveda texts, gives immunity and keeps the body in a healthy state during pandemics such as Covid-19. Ultimately, this will help the human body to maintain its strength for life. This article reviews the concept of diet viz. combination of foods, their quantity and quality, methods of preparation and processing, which are to be followed during pandemics and are essential in maintenance and endorsement of health and preclusion of diseases.


Sign in / Sign up

Export Citation Format

Share Document