Teaching Land Law: Controversy and Land Policy in Hungary from 1948 to 1968

Topic of the study. During the harsh Stalinization from 1948 agriculture had to be collectivized while land was not nationalized by decree as the Bolsheviks did in Russia in 1917. The Soviet legal system was a pattern for jurists but the differences made the transition to “socialism” more rugged and controversial. The legal scholars had to interpret a situation which had to develop further to full “socialization”. In order to do that, a “cooperative law” and a “land law” had to be created and taught as part of “agricultural law”. Research questions and methods. Land law consisted of regulations regarding private farmers and collective agricultural producers (cooperatives, state farms etc.), theoretically in the whole research period. How did the agrarian, cooperative and land policy affect legal theory on land tenure system? What kind of scientific dispute emerged on this matter and how did the attempts of codification of land law affect legal education? Various types of sources were evaluated, for instance protocols of council meetings of the faculty of law of two universities, archival sources, articles and studies from authors who taught land law and took part in its debate and codification. Results and conclusions. Law was used as a tool to boost transformation, and the lawmakers and jurists faced a paradox situation in which there was a need of codification of land law and to make it independent from other branches of law. On the one hand, jurists argued like Gyula Eörsi and Miklós Világhy that civil law had primatus in the legal system and property relations had to be included in that part of legislation during the “transition period”. On the other hand, many jurists, for instance Iván Földes, Imre Seres claimed that cooperative law or/and land law were separated branches of law despite the fact that mass collectivization was not completed until the spring of 1961.

Impacts of Governance toward Sustainable Urbanization in a Midsized City: A Case Study of Uyo, Nigeria

Urban studies in Nigeria mostly focus on large cities and metropolitan areas, with minimal attention given to sustainable urban development in midsized cities. In this study, we address this knowledge gap and examine the policies and practices driving urban growth in Uyo, a midsized city in Nigeria. Specifically, we evaluate to what extent the prevailing urban governance culture and practices move the city toward or away from being inclusive, safe, resilient, and sustainable—central tenets of UN Sustainable Development Goal (SDG) 11. This study critically explores the strategic and operational approaches deployed by public stakeholders in pursuit of urban development, housing security, and economic and infrastructure development. We find the lack of continuity in commitment to urban infrastructural development projects and a flawed land tenure system that exacerbates housing insecurity are the two most critical challenges to address in attaining the goals of SDG11 in Uyo. The former calls for better fiscal management and adoption of good governance practices across the administrative hierarchy. The land tenure system can be made equitable and less cumbersome by overhauling the 1999 Land Use Act law of the country. Our findings can inform policies to make midsized cities facing similar challenges more inclusive, safe, resilient, and sustainable.

The impact of land certification on cropland abandonment: evidence from rural China

PurposeThis study explores how the land tenure system helps in protecting land quantity during agricultural production by estimating the influence of land certification on cropland abandonment, its mechanisms and its heterogeneous effects among groups at the provincial, community and household levels.Design/methodology/approachTo deal with potential homogeneity concerns, the authors investigate the impact of land certification on the area of abandoned croplands using nationally representative panel data from the 2017 and 2019 China Rural Household Panel Survey on 15,000 households across 29 provinces and time-varying difference-in-differences and propensity score matching-difference-in-differences models.FindingsLand certification significantly contributes to the protection of land quantity during agricultural production, and it reduces the area of abandoned croplands by at least 4%. This effect is mainly achieved by improving soil fertility, promoting land transfer, increasing the availability of agricultural subsidies and raising agricultural income. However, while land certification benefits farmers in nonmajor grain-producing areas and western regions, in plain, remote and nonpolitically central villages, and farmers who have not undergone land transfer or land adjustment, it is not beneficial for others.Research limitations/implicationsIn the postepidemic era, food security based on the protection of the amount of cultivated land becomes increasingly important. It is realistic and inevitable to rationally use every inch of cultivated land and curb the cropland abandonment by strengthening land tenure system reform, especially in the case of the insecurity of land tenure.Practical implicationsThere are various factors affecting farmers' cropland abandonment, such as poor soil fertility, unavailable land transfer, too little agricultural subsidies and too low agricultural income, but the root cause is the insecurity of land tenure. Empirical evidence from rural China has shown that a clear definition and effective protection of property rights can help curb the cropland abandonment. Enhancing the land protection behavior of farmers through the reform of land certification and promoting the sustainable use of land are what the reform of land tenure system should be.Social implicationsCultivated land, as the material carrier and endowment basis of grain production, is of great importance to safeguarding national food security, especially in the postepidemic era. At the present stage, it is still necessary for most developing countries to strengthen the construction of land tenure system, to carry out land certification reform and to issue farmers with clearly defined and legally effective land certificates. Equally important, efforts also should be made to promote the diversified utilization of the achievements of the certification after the completion of land certification reform in China and other developing countries.Originality/valueExpropriation and occupation of croplands are essential in protecting land quantity during rapid urbanization, and so is reducing cropland abandonment during agricultural production; therefore, it deserves close attention. In this regard, this study estimates the impact of land certification on the area of abandoned croplands, examines its possible mechanisms and identifies its heterogeneous effects to test the applicability of the property rights theory in the Chinese context and enrich the relevant literature and provide Chinese evidence for other developing countries to strengthen the protection of land quantity, by deepening the reform of the land tenure system under different circumstances.

The Politics of Land Law: Poverty and Land Legislation in Bangladesh

<p>This thesis examines the major colonial and post-colonial land laws of Bangladesh and their relationship with poverty. It interprets them in the light of historical developments and social realities. The thesis argues that land laws in Bangladesh are essentially anti-poor. They contribute to the perpetuation of poverty. At present, two-thirds of the poor in Bangladesh are land-related poor. The land system that prevailed in colonial Bengal during the British period deprived the peasants of their land rights. This situation demanded a radical land reform based on a distributive approach upon decolonisation in 1947. Unfortunately, in the post-colonial political and legal settings of Bangladesh, land distribution has been unequal. Such inequality coupled with a weak land tenure system and fragile institutional reform created widespread poverty. The Bangladeshi land laws are complex and vague and dominated by politics. Its land law regime has structural loopholes and ideological drawbacks, which are enough to make reform attempts dysfunctional. Poverty in Bangladesh is a result of cumulative and mutually reinforcing deprivations. Land law is a major participant in it. Poverty will persist unless law addresses the true reasons of the poverty and a pro-poor approach to land reform is pursued. The gap between “law” and “land” is exposed and a distributive land law reform model is proposed.</p>

The Politics of Land Law: Poverty and Land Legislation in Bangladesh

<p>This thesis examines the major colonial and post-colonial land laws of Bangladesh and their relationship with poverty. It interprets them in the light of historical developments and social realities. The thesis argues that land laws in Bangladesh are essentially anti-poor. They contribute to the perpetuation of poverty. At present, two-thirds of the poor in Bangladesh are land-related poor. The land system that prevailed in colonial Bengal during the British period deprived the peasants of their land rights. This situation demanded a radical land reform based on a distributive approach upon decolonisation in 1947. Unfortunately, in the post-colonial political and legal settings of Bangladesh, land distribution has been unequal. Such inequality coupled with a weak land tenure system and fragile institutional reform created widespread poverty. The Bangladeshi land laws are complex and vague and dominated by politics. Its land law regime has structural loopholes and ideological drawbacks, which are enough to make reform attempts dysfunctional. Poverty in Bangladesh is a result of cumulative and mutually reinforcing deprivations. Land law is a major participant in it. Poverty will persist unless law addresses the true reasons of the poverty and a pro-poor approach to land reform is pursued. The gap between “law” and “land” is exposed and a distributive land law reform model is proposed.</p>

Sugar and Democracy in Fiji: the Material Foundations of Post-Colonial Authoritarianism 1970-2005

<p>Fiji became independent in 1970, and functioned for 17 years under a constitution with democratic elements, including elections. Three times since 1987, however, armed force has overthrown constitutionally elected governments. Some observers see this as a failure of the consolidation of Fijian democracy, while others acknowledge the facade of Fijian democracy. Among those who acknowledge Fiji's authoritarian institutions, conflict persists as to whether authoritarianism is the inevitable product of ethnic conflict in Fijian society, or a consequence of post-colonial institutional legacies. No movement toward democracy in Fiji is likely to succeed until we understand the material foundations underlying Fiji's authoritarian politics. This thesis argues that Fiji' authoritarian political institutions, established under colonial rule, have been sustained since independence by forces in the international economy. These forces have helped to maintain the economic, social and political dominance of a Pacific-Fijian chiefly elite over Fijian society. Specially, chiefly control of the sugar industry, Fiji's principal export, has provided chiefs with sufficient patronage resources to retain their control over Fijian society through electoral politics or, at the event of undesirable electoral outcomes, through armed opposition. Through post-colonial structures, the chiefs control the land-tenure system, and through their setting and receipt of land rents, they have been the principal beneficiaries of Fiji's sugar exports. This comparatively inefficient industry, and the social and political institutions that it rests on, have survived because Fiji, as party to the European Union's Sugar Protocol, has received two-and-a-half to three times the world market price for its sugar exports between 1975 and 2009. This thesis makes its case through close textual analysis of Fiji's three constitutions, detailed inspection of Fiji's land-tenure system, and, specifically, the accounts of the Native Land Trust Board, as well as examination of the secondary literature on Fiji's sugar industry.</p>

Sugar and Democracy in Fiji: the Material Foundations of Post-Colonial Authoritarianism 1970-2005

<p>Fiji became independent in 1970, and functioned for 17 years under a constitution with democratic elements, including elections. Three times since 1987, however, armed force has overthrown constitutionally elected governments. Some observers see this as a failure of the consolidation of Fijian democracy, while others acknowledge the facade of Fijian democracy. Among those who acknowledge Fiji's authoritarian institutions, conflict persists as to whether authoritarianism is the inevitable product of ethnic conflict in Fijian society, or a consequence of post-colonial institutional legacies. No movement toward democracy in Fiji is likely to succeed until we understand the material foundations underlying Fiji's authoritarian politics. This thesis argues that Fiji' authoritarian political institutions, established under colonial rule, have been sustained since independence by forces in the international economy. These forces have helped to maintain the economic, social and political dominance of a Pacific-Fijian chiefly elite over Fijian society. Specially, chiefly control of the sugar industry, Fiji's principal export, has provided chiefs with sufficient patronage resources to retain their control over Fijian society through electoral politics or, at the event of undesirable electoral outcomes, through armed opposition. Through post-colonial structures, the chiefs control the land-tenure system, and through their setting and receipt of land rents, they have been the principal beneficiaries of Fiji's sugar exports. This comparatively inefficient industry, and the social and political institutions that it rests on, have survived because Fiji, as party to the European Union's Sugar Protocol, has received two-and-a-half to three times the world market price for its sugar exports between 1975 and 2009. This thesis makes its case through close textual analysis of Fiji's three constitutions, detailed inspection of Fiji's land-tenure system, and, specifically, the accounts of the Native Land Trust Board, as well as examination of the secondary literature on Fiji's sugar industry.</p>

Access to Land and Legal Security of Tenure: Implications and Impact on Rural Development in Abia State, Nigeria

In the rural and communal settings, land rights are culturally attached to indigenous peoples in Nigeria, especially the inhabitants of the southern part of the country. Culturally, the customary land tenure system has generic value and security in such ways that it could be transferred from one owner to owner without restrictions. Security of land tenure is a vital ingredient that enhances the transferability of greater altitudes of investment. The study adopted a random sampling method and selected 1,061 house-owners and administered a set of structured questionnaires that contained questions that probed into issues on their accessibility to land and legal security of tenure. Another set of questionnaires was differently designed to elicit information from other stakeholders (Land managers, Town planning Agencies, Community/Family Heads, etc). Data obtained from the primary source were subjected to empirical analysis. The data were also complemented by secondary data. The findings revealed the socio-economic characteristics of the house-owners, means and duration of the period of land acquisition, determinants of access to land, and the implications on the securing planning permission, construction of illegal structures and the quality of construction. Finally, the paper recommended that tenure security in customary areas can be enhanced through the formalization of customary tenure. Governments should facilitate this process, initially where there is a demand for formalization. There is a need to harmonize reform efforts across customary and statutory law, regulations. Keywords: Land, Access to Land, Security of Tenure, Statutory law, Customary law, Rural Land.

APPLICATION OF UAV SURVEYS FOR EVALUATING THE PRODUCTIVITY LEVELS OF TRADITIONAL AND MECHANISED FARMERS IN A CUSTOMARY LAND TENURE SYSTEM

In most of Nigeria’s rural communities, land holdings are small and uneven; and this impacts significantly on their mechanisation potentials. This fragmented nature of the farmlands also inhibits the creation of an effective land market. This study utilised a digital orthomosaic generated from an Unmanned Aerial Vehicle (UAV) survey in evaluating the productivity levels of traditional and mechanised farmers in Okeho Community of Oyo State, South-Western Nigeria. The aerial survey was conducted with a DJI Phantom 4 Professional UAV covering 250 acres of traditional and mechanised farmlands to produce a very high resolution orthomosaic at 6 cm spatial resolution. Sixty-three respondents (61 traditional farmers and 2 mechanised farmers) were also interviewed using questionnaires. Their responses were keyed into a database with the Open Data Kit (ODK) data collector. The orthomosaic was classified into farmland units and a database of the farmers land holdings was created in ArcGIS software. Some parameters influencing their productivity were computed – Crop Field Fraction (CFF) and Crop Yield Index (CYI). The results showed that very few farmers had a shared equity on land (only 3%); most farms were acquired under freehold or lease. Also, only 1% of their farm sizes was larger than 5 acres. There was a sharp disparity in the crop field fraction (traditional farms – 32.2; mechanised farms – 68.8), and the productivity from the mechanised farmers surpasses that of the traditional farmers. It is recommended that the Government should support cluster farming systems among farmers to boost productivity.

Struggles of Women to Access and Hold Landuse and Other Land Property Rights under the Customary Tenure System in Peri-Urban Communal Areas of Zimbabwe

The struggles of women to access and hold landuse and other land property rights under the customary tenure system in peri-urban communal areas is increasingly becoming a cause for concern. These debates are revealed using a case study of a peri-urban communal area called Domboshava in Zimbabwe. Women living in this peri-urban communal area struggle to access and hold landuse and other land property rights registered under their names. The aim of this paper is to present an analysis of the struggles faced by women to access and hold landuse and other land property rights in Domboshava. This paper is a product of a literature review on land property rights, land tenure systems, and peri-urbanity more generally. Field data was intermittently collected in the peri-urban communal area of Domboshava over a period of four years from 2011 to 2014, as well as through post-research social visits stretching to 2019. Thirty-two women were conveniently selected and interviewed. I applied Anthony Giddens’ structure-agency theory as a framework of analysis. The struggles to access and hold landuse and other land property rights by women are rooted in land transactions, social systems including the customary land tenure, patriarchy, as well as the peri-urban context of Domboshava. Responsible authorities on land administration in communal areas need to acknowledge the existence of new and invented ways of accessing and holding landuse and land property rights under the customary land tenure system, as well as to find ways to mobilize more opportunities for women on the peri-urban land market.