scholarly journals Land Reform and Sustainable Development

2012 ◽  
pp. 127-150
Author(s):  
James K. Boyce ◽  
Peter Rosset ◽  
Elizabeth A. Stanton
2021 ◽  
Vol 06 (04(01)) ◽  
pp. 85-91
Author(s):  
Nataliia Konoplia Nataliia Konoplia ◽  
Yaroslav Konoplia Yaroslav Konoplia

Theoretical and practical aspects of development of strategic prospects for the land reform implementation in Ukraine have been analysed, possible consequences of termination of moratorium on land sale and the need to improve management in the process of the national land reform implementation have been determined in the article. The main strategic priorities of land relations in Ukraine have been covered. The research vector is focused on taking into account principles of land resource management regulated by specific methods and forms of legal impact on the land market formation and free circulation of land in general, management in a particular area complying with theoretical foundations of basic mechanisms of public administration and regulation. The conceptual foundations of strategic prospects for the implementation of the land reform in Ukraine and the launch of the land market have been presented in the article. It has been noted that the strategic prospects for the implementation of land reform in Ukraine will make it possible to achieve economic, social and environmental effects and to implement a number of sustainable development goals. The main legislation issues and the need of certain changes, improvement of public administration in the area of land relations enabling the economic growth in Ukraine have been covered. Keywords: land market, moratorium, land reform, land protection, monetary valuation of land, strategy, sustainable development, competitiveness.


2018 ◽  
Vol 11 (1) ◽  
pp. 130
Author(s):  
Andrea Ross

Effective ownership, management and access to land are central for sustainable development and can impact significantly on the opportunities for local enterprise. In 1998, Scotland’s Land Reform Policy Group concluded that ‘Land reform is needed on the grounds of fairness and to secure the public good’ Consequently, Scotland has introduced various schemes that facilitate or compel the transfer of land from an existing landowner to a community body. Sustainable development is a primary objective of all these regimes making them exceptional both in UK and global terms and worthy of in depth examination. This article critically explores how the laws and policies relating to sustainable development within these community right-to-buy regimes have matured and evolved from their introduction in 2003 to the present. It reveals the beginning of a fourth era in sustainable development policy in Scotland which moves away from a single ‘one size fits all’ approach to one where both sustainable development itself and wider sustainable development equations are tailored to land-use in Scotland and to the needs of each of the different community right-to-buy regimes. These developments evidence a significant maturity in the implementation and delivery of sustainable development in Scotland.


2011 ◽  
Vol 8 (3) ◽  
pp. 146-151
Author(s):  
Dorothy Goredema ◽  
Vongai Nyawo-Shav ◽  
Percyslage Chigora

Author(s):  
A. Domanskyj

Success factors of the of land reforms and sustainable development of the rural areas. Ownership and use of land resources has a dynamic and increasing tendency towards the concentration of land by certain state and public institutions as well as individuals in the historical aspect. It leads to the enrichment of the small monopolists and the poverty of the village. Usually, when a critical limit of conflict will be reached, it should be resolved by state reforms. From the second half of the 19th century, on the territory of today’s Ukraine there were three significant land reforms. First two are the reforms in 1848 in Austrian-Hungary, and Stolypin reform of 1906–1907. Their purpose and solutions can be directly related to the land reform that has started in the beginning of 1991 in Ukraine. Until now, this reform has not yet been fully implemented. It causes a number of progressive prods, connected primarily with the land market. The moratorium on the sale of agricultural land does stands in the way of land mortgages, land capital, investment attractiveness, issues related to land protection, soil fertility conservation, land use optimization, excessive use, land reclamation, and the development of small and medium-sized agricultural producers. Small and large villages have been disappearing, the problems of preserving forests, reservoirs, and biological diversity has been worsening. Certain risks can be seen in the newly amalgamated territorial communities as there is a high dependence between the number of village councils and villages. There are different models of land reforms applied in the world. European models of land reform, particularly Polish and French models are the most suitable in the light of current situation in Ukraine. The model of the harmonious development of rural areas, covering about 90% of the entireterritory of the country, should be based on the paradigm of sustainable development. In Europe, three major models of rural development have emerged: sectoral based on the development of agriculture; redistribution, which involves the reduction of discrepancies between the more underdeveloped rural areas and advance industries and the territorial (cluster) model that implies the development of the rural territories is carried out on the basis of the corresponding interdependencies within the local economy. There five models of rural development in Ukraine at the current stage: sectoral (intersectoral); redistributive; cluster; model, focused on the village, that entails priority given to meet the needs of the specific territory and local tradition preservation; and finally, the mixed, based on several components of the different models, mainly sectoral and cluster. Education, professional enhancement, spirituality and Christian ethics, citizens’ activism and civic society development also belongs to the crucial factors for the sustainable development of rural areas.


2021 ◽  
Author(s):  
Simon Hull ◽  
Jennifer Whittal

Human rights principles form the foundation for the move towards responsible land administration. They are embedded in such international treatises as the Sustainable Development Goals, New Urban Agenda, and Voluntary Guidelines on the Responsible Governance of Tenure, among others. These treatises provide the backdrop to the development of land policies and administration systems that seek to secure land tenure and land rights for all through adherence to human rights principles such as non-discrimination, equity and justice, gender responsiveness, transparency and accountability. Yet the human rights tradition is built on Western values and biases, and there is some contention as to the universal acceptance of this. In discussing land rights in Africa, assumptions about the universality of human rights should be weighed against such contentions if land reform programmes are to sustainably succeed. In this chapter, the arguments around human rights are presented in the context of African land reform, and a model of democratic land governance is proposed.


Author(s):  
A Du Plessis

Land reform in South Africa and the realisation of the section 25 property clause of the Constitution of South Africa, 1996 (hereafter the Constitution) is seen as an integral step in the democratisation process as well as in the social and economic empowerment of previously marginalised groups. For many, the true test for political transformation will be whether land needs (including protection of and care for the environment) are addressed effectively and in a sustainable manner. In recent years, however, government’s addressing of land needs has become a highly controversial issue, especially where land that vests in private owners is claimed back because of its status as ancestral land.   Land reform may strongly impact on the environment and sustainable development as protected in section 24 of the Constitution since it involves vast hectares of land, other environmental media and people. Restitution of land processes in terms of section 25(7), as one of the components of land reform, often does not take key provisions contained in environmental and planning law into account. In many instances, for example, government’s restitution projects do not make sufficient provision for harmonisation with environmental principles contained in environmental law and no or limited systems exist whereby to inform and assist land restitution beneficiaries on compliance with environmental and planning law obligations in post settlement development endeavours. These limitations could, inter alia, be linked with the fragmentation of the environmental governance regime and a lack of role clarification. It may furthermore result in significant conflict between sections 24 and 25(7) of the Constitution as overarching framework legislation, and between developmental objectives contained in sectoral-specific subordinate legislation.The restitution of land is, amongst other policies, regulated by section 25(7) of the Constitution and the Restitution of Land Rights Act 22 of 1994 whilst section 24 of the Constitution and the National Environmental Management Act 107 of 1998 aim at protection of the environment, the prevention of pollution, the promotion of conservation, and secured ecologically sustainable development. The conditions following land restitution settlement, including the current state of the environment on land that has been restituted, provide an interesting and factual source of reference for critical analysis of environmental policy implementation in land restitution processes and post-settlement endeavours. It further allows for a critical view on the effective or futile realisation of sustainable development in national and provincial governments’ efforts to finalise claim-driven restitution of land. In order to limit the scope of this article, land restitution policy, progress with the national land restitution programme and some post-settlement accounts will be critically analysed and assessed in the light of obligations and initiatives for environmental governance derived from the legal framework concerned. A land restitution case is briefly discussed with subsequent comments and suggestions for the way forward. 


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