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This article explores the land-legal aspects of applying mediation, a form of alternative dispute resolution, in Ukraine. It is established that mediation has deep historical roots and has evolved over the centuries into a modern tool for conflict resolution. Attention is given to the role of mediators in resolving disputes across various cultures and societies for thousands of years. It is noted that contemporary mediation, as an institutionalized process, emerged in the 20th century, particularly after World War II, becoming a tool not only for resolving interpersonal or community conflicts but also for business, labor, international, and even legal disputes. In Ukraine, it has been found that mediation began to actively develop in the early 2000s, when the need for alternative dispute resolution methods grew. These methods were aimed at reducing the burden on the judicial system and providing faster, more cost-effective conflict resolution. The adoption of the Law of Ukraine «On Mediation» in November 2021 marked an important step toward recognizing this process at the state level. The article provides an analysis of its provisions, emphasizing that this law still requires adaptation to the specificities of land relations. It is highlighted that mediation in land disputes can be applied in various situations related to the ownership, use, or management of land plots. The author identifies several prospective areas for the application of mediation in land legal relations, specifically: 1) boundary disputes over land plots; 2) land use procedures; and 3) violations of environmental regulations. The article stresses that mediation in land disputes in Ukraine has significant potential, particularly given the need to expedite conflict resolution and alleviate the pressure on the judicial system. It is established that many landowners and participants in land relations currently lack sufficient information about mediation as a dispute resolution tool or do not trust its effectiveness. The article asserts that mediation requires adequate support and cooperation with state institutions, which will also contribute to more effective dispute resolution. [ABSTRACT FROM AUTHOR]

Given the complex web of socio-cultural factors, intersectional features of gender identity and the recent trajectories of a lack of land resources, the rise of alternative gainful employment, and a feminization of agriculture, this paper investigates whether land rights are the ultimate panacea for women’s autonomy. Land can be a source of women’s empowerment albeit the patriarchal Indian society restricts women’s right to property. Women in India are not a homogenous category. They are defined by their intersectional identities of caste, class, ethnicity, stages in their life course and subjectivities regarding demands for land. A more nuanced approach to women’s land rights is proposed in view of the agrarian crisis, restricted social validity of women’s land claims and other factors. Research has been conducted including an analysis of various feminist and intersectional debates concerning land rights in India, government reports, legal judgements, and religious text, among others.

One of the forms of ownership of land rights for foreigners in Indonesia in addition to being given the Right to Rent is the Right to Use which is very attractive, because the granting of a very long period of time can be up to 80 years, and can provide opportunities for economic value on the status of land in the form of financial value. The Government of Indonesia formed a regulation granting the status of Land Use Rights for Foreign Citizens is for private residences, but in reality Foreign Citizens secretly use the status of Land Use Rights for business activities such as: villas, elite boarding houses, cafes and restaurants because of the absence of strict regulations and supervision and sanctions from the Government of Indonesia to Foreign Citizens as applicants and users of the status of Land Use Rights imposed on land owned by Indonesian Citizens.

In many developing countries assignment of agricultural responsibilities is based on social and cultural norms. In Africa and Kenya, women take on most of the roles that involve spending long hours and use of lots of energy. The research objectives were to examine the effect of restricted access and land control in tea farming on gender equity in Singorwet ward of Bomet County. A cross-sectional study design was used and a sample size of 532 tea farmers' respondents (comprising 431 male tea farmers and 101 female tea farmers), two directors, and 10 farm laborers were involved in this study. Purposive sampling was used to pick two director zones in the Singorwet ward and stratified random sampling to pick five tea-buying centers within Singorwet Zone and Mugango Zone. Questionnaires, interviews, and observation schedules were used for data collection. From the findings, all major decisions on tea farming rest with the men, as well as all gender equity indices and access to and control of financial services in tea farming. The overall gender parity ratio stood at 0.2 which was in favor of men. This was also evident in directorship where woman directors appeared under nomination and not election. This study recommends thorough community awareness programs on land rights within the Kenyan Constitution 2010. [ABSTRACT FROM AUTHOR]

Copyright of GENDER: Zeitschrift für Geschlecht, Kultur und Gesellschaft is the property of Verlag Barbara Budrich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The focus of this legal research is to discuss the legal construction in the process of exchanging village treasury land carried out by the village government together with the village community based on statutory regulations and several scientific references in order to support the validity of the research conducted. On the island of Java, village treasury land or what is usually known as bengkok land should be productive land so that it can provide added value and become a source of income for the village head and his apparatus, but in reality, not all village-owned land is productive land so that it makes the village government experience a decrease in production due to less productive land. The problem also arises when the village treasury land in the form of a yard is occupied by the village community, because it has been settled for a long time, the community wants legal status to the land they occupy by buying the village treasury land through the exchange process, the sale-purchase agreement occurs between the surrounding community and the village government As a form of follow-up to the sale-purchase process that has been carried out between the village government and the community, there is a release of the status of land rights. in this case there is legal uncertainty where people who have paid off the land have not been able to get a certificate for the land they have paid for. The research method used is Normative Juridical research based on laws and regulations which are then reviewed using applicable legal theories, concepts and principles so that it is expected to know and find the facts and data needed. Then briefly the research results show that 1. The status of land rights on village treasury land is included in the status of the right of use, this refers to the definition of the right of use stipulated in Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles Article 41 which states that the right of use is the right to use and/or collect products from land directly controlled by the State or land owned by others, which gives the authority and obligations specified in the decision to grant it by the official authorized to grant it or in the agreement with the owner of the land, which is not a lease agreement or land processing agreement, everything as long as it does not conflict with the spirit and provisions of this Law.

The article provides a comparative analysis of the legal basis for the use of agricultural land in Ukraine and Canada. It has been established that the current state of land resources in the majority of Ukraine can be characterized as a crisis, with a tendency towards deterioration, which significantly complicates the socio-economic development of Ukraine. The main reasons for this situation are, first of all, the irrational use of the state's land resource potential, the deterioration of the quality of the land, the irregularity of the change in the nature of the functioning of the land as a means of production in market conditions, and other negative factors. However, agricultural land, which occupies a special place in the structure of the land fund of Ukraine, needs even greater legal protection. Irrational use of agricultural land is one of the potential threats to Ukraine's food security. In this regard, there is an urgent need to define an effective management mechanism in the field of land use, including agricultural use. In this context, the issue of land turnover is important in connection with the adoption in March 2020 of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Regarding the Movement of Agricultural Land». In order to build an effective and competitive land market, it is necessary to have a strong legal basis, and for this it is advisable to turn to foreign experience in this area, especially to the experience of countries with the best functioning land market, such as Canada. The Canadian experience shows the importance of detailed regulation of land use at all levels of government and the need for a coordinated approach to ensure the proper use of agricultural land. The Canadian Constitution gives the provinces the exclusive right to decide virtually all land matters, including those related to the use of agricultural land. The presence of a market for agricultural land in Canada promotes the attraction of additional capital in the form of internal and external investments in the agricultural sector, which in turn stimulates its sustainable development. Ukraine can take this experience into account in the process of improving its land policy and ensuring the sustainable development of agriculture. [ABSTRACT FROM AUTHOR]

Pakistan's mountainous north borders China. Deepening bilateral ties, together with increasing investments from within Pakistan, have amplified local anxiety over loss of control over resources. A complicated history left the area with multiple land tenure systems. Much of this region, today known as Gilgit-Baltistan, is disputed with India. Consequently, it has a constitutionally liminal status and its people do not enjoy equal citizenship rights. With the construction of the China–Pakistan Economic Corridor, a major part of the global Belt and Road Initiative, Chinese influence has been entangled in local histories and political economies. [ABSTRACT FROM AUTHOR]

New topical problems of permafrost degradation are identified in the context of a new sphere of legal regulation, primarily in the Arctic countries, with an emphasis on the legal problems of Russia. The object of research in the article consists of various legal consequences of the said phenomenon, manifested on very sensitive ecosystems, human, industrial, transport land spaces, that is, outside the maritime spaces. The study is based primarily on an integrated legal approach and appropriate legal instruments to address the emerging economic and legal consequences of the degradation of permafrost. This approach makes it possible to substantiate the recognition as an independent object of regulation of the phenomenon of permafrost and the need to develop its own legal conceptual framework. This approach is justified at both the national and international levels, as well as in the analysis of specialized and modified law institutions of the Arctic States. The article applies the advantage of the comparative legal method of studying the legislation of the Arctic states, as well as interdisciplinary and intersectoral methods of legal research. As a result, the need for a new independent scientific and applied integrated study of the legal problems of the degradation of permafrost can be considered. One of the conclusions of the work included the need to create international specialized legislation in the form of a model act. Research in the proposed format may determine the structure and content of future international legal regulation and the institutions that support it.

A caste is one of the conventional four social strata into which Hindu society separates its members. The scriptures from ancient India make reference to it. The four classes are the Brahmins (priestly people), the Kshatriyas (rulers, administrators, and warriors; also known as Rajanyas), the Vaishyas (artisans, merchants, businessmen, and farmers), and the Shudras are the lowest of the caste system (laboring classes). However, an individual of the lowest class in traditional Indian society falls outside of the Hindu caste system and is subject to severe social restrictions. This commentary is divided into three parts; the first part highlights the caste system, the second part examines the constitutional and legislative safeguards for them, and the third part illustrates the current social disparity of Dalits in India. [ABSTRACT FROM AUTHOR]

The article conducts a comparative legal study of the specifics of acquisition and exercise of land ownership by foreigners, stateless persons and foreign legal entities under the legislation of Ukraine and Canada, as a result of which the Canadian experience of legal regulation in the specified area, which is most acceptable for Ukraine, is substantiated. It has been established that in the science of land law of Ukraine, one of the most controversial issues is the possibility, scope, conditions and grounds of granting land ownership rights to foreigners, stateless persons, and foreign legal entities, especially considering the provisions of Art. 13 of the Constitution of Ukraine, which declares all land to be the property of the Ukrainian people. This issue has not been resolved definitively in the land legislation, as access of foreign persons to ownership of agricultural land can be granted only after a positive decision of the All-Ukrainian referendum. The conducted research showed that Canadian legislation provides for the possibility of establishing restrictions on the acquisition of land ownership by foreign entities both at the federal level (a two-year restriction on the purchase of residential real estate, including vacant land plots intended for residential development), and at the level of individual provinces and territories. At the level of the provinces and territories, there are different legal models for restricting the access of foreign persons to the right to ownership of land, primarily for agricultural purposes. There are no legal restrictions on the acquisition of the right to ownership of land by foreign persons in British Columbia, Ontario, Newfoundland and Labrador, New Brunswick and Nova Scotia. At the same time, in Alberta, Saskatchewan, Manitoba, and Quebec, the access of foreigners to land ownership is significantly limited, in particular, by establishing the maximum size of land plots that they can acquire on ownership. The article claims that the establishment of restrictions in Canadian legislation on the acquisition of ownership rights to land, primarily for agricultural purposes, is conditioned by the need to ensure priority access to the lands of Canadian citizens and Canadian corporations, which can be a reference point for the settlement of these issues in Ukrainian land law. Canadian legislation, both at the federal level and at the level of individual provinces and territories, provides effective mechanisms of legal responsibility in the event of violation of legal restrictions on foreign persons' access to land ownership, which should be provided for in Ukrainian legislation. [ABSTRACT FROM AUTHOR]

The digitization of land records is being promoted by the World Bank at scale, especially in developing countries. Efficiently maintaining land records can improve tenure safety and food security, reduce poverty, and aid democratic urbanization. While the 2030 Agenda for sustainable development encourages the use of new technology to administer land, it also forewarns that such initiatives ought to factor in digital divide. These evolving processes tend to have a detrimental impact on the tenure rights of marginalized people who are devoid of both access and understanding of such modernization efforts. Through this paper, we examine digitization and associated land governance processes from a human rights perspective. To bring them to light, we compare digitization initiatives in both India and South Africa and draw lessons from them to address issues of equity, inclusion, and good governance in an increasingly digital world. [ABSTRACT FROM AUTHOR]

Context and background Access to land and productive resources for women is low in many countries especially in the developing world where there are less secure property rights in general. .Though there is no clear indication as to which groups should be considered vulnerable in Ethiopia, the groups mentioned under section two are practically considered vulnerable. These groups in Ethiopia include women, orphan children, HIV/AIDS victims, pastoralists, poor peasants, persons with disabilities and the urban and rural poor. Moreover, no proclamation in the country has listed who vulnerable groups are. Only a single proclamation i.e proclamation number 916/2016 tries to highlight the presence of some fabric of society who are considered as vulnerable without further expalanation under its article 34/13/c. The main causes which affect the lives of the women and other vulnerable groups emanate from policy, legal, customary, social and political loopholes in the country. Goal and Objectives: The overall objective of this study was to examine the land administration shortcomings that affect access to land for women in Ethiopia . Methodology: The researchers used a transcendental phenomenological approach to investigate the lived experiences of the women and other vulnerable groups in Ethiopia. By investigating literatures and approaching the participants in a manner where they should express the experiences they have been in and the systematic analysis of policy, legal and social realities with respect access to land. Results: Ethiopia include women, orphan children, HIV/AIDS victims, pastoralists, poor peasants, persons with disabilities and the urban and rural poor are Highly Affected ground. Moreover, no proclamation in the country has listed who vulnerable groups are. Elderly, HIV victims, disabled and unemployed are the groups of vulnerability.Inadequate legal and institutional regime, customary practices, lack of political will and land administration shortcomings are among the causes of vulnerability in Ethiopia. Therefore, addressing such main causes of vulnerability requires nothing beyond alleviating problems related to the legal shortcomings, the inadequacy of legal and land experts, corruption and political reluctance, patriarchal customary practices and bad system of land administration. The government should, therefore, give a serious emphasis in these respects.

Changes in information technology have an impact on the public service system, especially in the land sector which is experiencing a transition from Analog Certificates to Electronic Certificates which raises several challenges, one of which is in the field of law, in practice the power of law because electronic information and transactions cannot be used as evidence, but must meet certain requirements. The purpose of this research is to find out and analyze the legal force of Electronic Land Certificates and to find out the efforts made by the government to protect the Electronic Land Certificate system. The research method used is the Normative Juridical Approach. The results of this study are the legal protection of electronic certificates in proving that they have a position as legal electronic evidence have been recognized in the procedural law system in Indonesia, and have strong legal force. Electronic Land Certificates require a legal umbrella governing the use of Blockchain technology contained in the ITE Law to be delegated to an implementing regulation. This study concludes that Electronic Certificates have the same legal force as Analog Certificates. As an effort to support the use of Electronic Certificates, the government's role is needed in formulating laws that regulate the substance of the use of technology in electronic certificate database storage systems.

Land displacement, theft, and erasure have been key drivers in undermining the political, economic, cultural, linguistic, ancestral, and family formations of First Nations people in Canada. Nation rebuilding is the cornerstone of all sovereignty efforts and is a necessary component of improving the social and political conditions that impact health and wellness. Exercising sovereignty is tightly linked to the autonomous assertion of land and resource rights. Discrimination through the Crown’s self-imposed position as the natural owner of all land and resources across the country is evidenced by a continued failure to recognize the many ways that First Nations self-identify. This inadequacy overlooks First Nations’ inherent rights to self-determination while advancing colonial ideologies. This paper presents a thread of qualitative research findings from a project that included an Indigenous storywork method with one First Nations’ Elder and grandmother, kookum. Within the context of her-story and traditional knowledge mobilization, this work challenges the colonially defined territorial boundaries of the hereditary family clan structures across the Temagami region in Northeastern Ontario, Canada. Kookum’s story demonstrates how colonial policies and practices undermine hereditary conceptions of traditional family identity and led to the misguided and unauthorized theft of the Friday family territories. The reconstruction of identity damages hereditary forms of governance and impairs traditional and familial connection to land, culture, language, and traditions, and is 1) incompatible with self-determination; 2) maintains and perpetuates colonialism; 3) hinders genuine reconciliation; and 4) furthers health and socio-economic inequities for First Nations people. Le déplacement, le vol et l’effacement des terres ont été les principaux facteurs qui ont miné les formations politiques, économiques, culturelles, linguistiques, ancestrales et familiales des peuples des Premières nations du Canada. La reconstruction de la nation est la pierre angulaire de tous les efforts de souveraineté et constitue un élément nécessaire à l’amélioration des conditions sociales et politiques qui ont un impact sur la santé et le bien-être. L’exercice de la souveraineté est étroitement lié à l’affirmation autonome des droits à la terre et aux ressources. La discrimination qui découle de la position que la Couronne s’est imposée en tant que propriétaire naturel de toutes les terres et ressources du pays est attestée par l’incapacité persistante de reconnaître les nombreuses façons dont les Premières nations s’identifient. Cette inadéquation néglige les droits inhérents des Premières nations à l’autodétermination tout en faisant progresser les idéologies coloniales. Cet article présente les résultats d’une recherche qualitative menée dans le cadre d’un projet incluant une méthode de travail narrative indigène avec une aînée et grand-mère des Premières Nations, kookum. Dans le contexte de la mobilisation de son histoire et de son savoir traditionnel, ce travail remet en question les frontières territoriales définies par la colonisation des structures claniques familiales héréditaires dans la région de Temagami, dans le nord-est de l’Ontario, au Canada. L’histoire de kookum montre comment les politiques et les pratiques coloniales ont sapé les conceptions héréditaires de l’identité familiale traditionnelle et conduit au vol malavisé et non autorisé des territoires de la famille Friday. La reconstruction de l’identité porte atteinte aux formes héréditaires de gouvernance et compromet les liens traditionnels et familiaux avec la terre, la culture, la langue et les traditions, ce qui est 1) incompatible avec l’autodétermination ; 2) maintient et perpétue le colonialisme ; 3) fait obstacle à une véritable réconciliation ; et 4) aggrave les inégalités sanitaires et socio-économiques pour les peuples des Premières nations.

This study discusses the Federal Court judgment in the case of Director of Forest, Sarawak & Anor v. TR Sandah Tabau & Ors and other appeals [2017] 3 CLJ 1. The Federal Court’s decision was said to deviate from an earlier established principle of the common law recognition of existing indigenous peoples’ land rights, the content and extent of which are determined by community customary laws. The common law acknowledgement or recognition of indigenous peoples’ pre-existing rights to their traditional and customary lands held by the Federal Court in Adong bin Kuwau v Kerajaan Negeri Johor [1997] 1 MLJ 418 and Madeli Salleh v. Superintendent of Lands & Surveys & Anor [2005] 3 CLJ 697 complimented the existing safeguards given under the Federal Constitution and statutory laws relevant to Orang Asli in Peninsular Malaysia and the natives of Sabah and Sarawak. Therefore, this study aims to examine whether the Federal Court’s decision in TR Sandah FC reflects judicial conservatism by giving preference to statutory laws passed by the elected officials that resulted in the regression of the recognition of the indigenous peoples’ customary land rights. The method adopted in this study is a qualitative approach via doctrinal legal research. This is a text-based examination of legal texts and other scholarly materials. This shows judges in Malaysia are said to play a more conservative role in the interpretation of legislation. It would be fundamental to highlight the development of the judicial treatment of the indigenous peoples’ land rights in Malaysia and its implications.

This research explains movements by peasants in Cipari, Cilacap, Central Java, Indonesia, in demanding their land rights. Compared with similar cases in Indonesia, efforts by Cipari peasants paid off in the end and presented a unique case of success. Cipari peasants obtained ownership rights to the land on their terms. Through an empirical case study approach, we found that the Cipari peasant movement to fight for land rights lasted for a long period of time, beginning in the post-independence era and extending through the post-collapse of Indonesia’s New Order regime. For Cipari peasants, land is not just a means of production or economic resource but also has socio-cultural value and, more importantly, embodies spiritual (religious) values. These social and cultural factors provided the main driver for Cipari peasants to persist in undertaking their resistance movement. Over a long process, Cipari peasants obtained legal title to land in the form of land certificates. We show that the Cipari peasant social and resistance movement emerged and continued to develop not solely because of political opportunities but especially due to its socio-cultural values about land.

Copyright of Prohistoria is the property of Prohistoria Ediciones and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Mundo Agrario is the property of Universidad Nacional de La Plata and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Customary forest tenure is under increasing pressure from various actors for economic, political, and environmental purposes. The erosion of customary forest tenure can impair societal nature relations, erode traditional practices, and contribute to environmental degradation. In the Mekong Region, customary forest tenure largely remains unprotected through national laws. This article presents a legal analysis examining the extent to which the legal frameworks of Cambodia, Lao PDR, Myanmar, and Vietnam contain legal provisions for safeguarding customary forest tenure within different resource systems, agricultural land, swidden land and forests, drawing on Schlager and Ostrom's bundle of property rights. The legal analysis shows significant gaps exist in legal frameworks to safeguard customary tenure. We recommend that policies toward statutory recognition be developed from the ground up and consider the harmonisation between land and forest laws and relevant implementing ministries. [ABSTRACT FROM AUTHOR]

Context and background Access to land and productive resources for women is low in many countries especially in the developing world where there are less secure property rights in general. Though there is no clear indication as to which groups should be considered vulnerable in Ethiopia, the groups mentioned under section two are practically considered vulnerable. These groups in Ethiopia include women, orphan children, HIV/AIDS victims, pastoralists, poor peasants, persons with disabilities and the urban and rural poor. Moreover, no proclamation in the country has listed who vulnerable groups are. Only a single proclamation i.e proclamation number 916/2016 tries to highlight the presence of some fabric of society who are considered as vulnerable without further expalanation under its article 34/13/c. The main causes which affect the lives of the women and other vulnerable groups emanate from policy, legal, customary, social and political loopholes in the country. Goal and Objectives: The overall objective of this study was to examine the land administration shortcomings that affect access to land for women in Ethiopia. Methodology: The researchers used a transcendental phenomenological approach to investigate the lived experiences of the women and other vulnerable groups in Ethiopia. By investigating literatures and approaching the participants in a manner where they should express the experiences they have been in and the systematic analysis of policy, legal and social realities with respect access to land. Results: Ethiopia include women, orphan children, HIV/AIDS victims, pastoralists, poor peasants, persons with disabilities and the urban and rural poor are Highly Affected ground. Moreover, no proclamation in the country has listed who vulnerable groups are. Elderly, HIV victims, disabled and unemployed are the groups of vulnerability. In adequate legal and institutional regime, customary practices, lack of political will and land administration shortcomings are among the causes of vulnerability in Ethiopia. Therefore, addressing such main causes of vulnerability requires nothing beyond alleviating problems related to the legal shortcomings, the inadequacy of legal and land experts, corruption and political reluctance, patriarchal customary practices and bad system of land administration. The government should, therefore, give a serious emphasis in these respects. [ABSTRACT FROM AUTHOR]

Purpose: the purpose of the article is to conduct an analysis of the peculiarities of the restriction of land rights of foreign natural persons, stateless persons and foreign legal entities under the legislation of Ukraine, as well as to formulate on this basis the definition of the specified term for the improvement of land legal terminology. Method. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material, as well as the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the research: analysis and synthesis, systemic-structural, comparative-legal, and historical-legal methods. Results. In the process of research, the meaning of the term "limitation of rights to land" of foreign individuals and legal entities in Ukraine was determined, which consists in the establishment of certain prohibitions that define the limits of possible behavior and lead to a narrowing of the scope of the land powers of the specified subjects in the process of acquiring and exercising rights by them ownership of land plots and land use rights, which complicates or makes impossible the acquisition or realization of their land rights. The term "restriction of rights to land" should be distinguished from the term "burdening rights to land" of foreign individuals and legal entities in Ukraine, which consists in imposing additional obligations on foreign entities in the process of exercising their rights to land, which complicates their realization land rights. Originality. In the process of the analysis, it was proven that restrictions on the land rights of foreign natural persons, stateless persons and foreign legal entities are established in the same scope and order as for citizens of Ukraine and legal entities of Ukraine. In addition, additional restrictions on land rights of foreign subjects may be established by provisions of the Civil Code of Ukraine, other land laws for reasons of ensuring national security, preserving land as the main national wealth of Ukraine, ensuring priority access to land rights of citizens of Ukraine and legal entities of Ukraine. Practical significance. The results of the study can be used in the research field - for the further development of the problems of legislative regulation of restrictions on the rights to land of foreign natural persons, stateless persons and foreign legal entities under the legislation of Ukraine, as well as in the rule-making work - in the preparation of draft regulations , aimed at improving the legislative regulation of the legal status of foreign individuals, stateless persons and foreign legal entities as subjects of land relations.

With governance increasingly regarded as co-governance, states’ capacity to steer, correct, and discipline a wide range of self-governing actors becomes crucial for states’ effectiveness, efficiency, and democracy. This article investigates that capacity and the relationship between formal institutions and customary self-governance in areas of limited statehood. In South Sudan, the field of land governance can be regarded as an area of limited statehood. As land relations are closely connected to clan structures and intra-familial relationships, customary norms and institutions enjoy great legitimacy and are an important locus of local land governance and dispute resolution. The South Sudanese government has promulgated legal provisions for equal rights to property and inheritance that clash head-on with customary notions of gender roles in the family and the preservation of family land. By focusing on the case of women’s land rights in South Sudan, combining literature study with data from exploratory fieldwork in two South Sudanese towns, this article aims to reflect on the cohabitation of customary and formal norms and values and the role formal legal and administrative systems, in areas of limited statehood, can and do play in boundary setting for customary self-governance.

Land is one of the organizers of life for human, and its value is increasing with the passage of the time. Land use value increases have both positive and negative consequences. The emergence of land conflicts is one of the negative consequences. Disputes over dual land rights certificates, or disputes over two (2) or more certificates that specify the same parcel of land, either totally or partially overlapping, are common in West Manggarai Regency. The Ministry of Agrarian and Spatial Planning/National Land Agency (ATR/BPN) has the authority to resolve defense disputes in Indonesia through non-litigation channels. Therefore, the problems examined in this study are what are the factors that cause disputes in the land sector and how is the mechanism for resolving disputes over dual land rights certificates in West Manggarai by ATR/BPN West Manggarai Regency. This research uses empirical legal research methods, types of primary legal materials and secondary legal materials with qualitative descriptive data analysis techniques. Based on PERMEN Agaria Number 21 of 2020 concerning the handling and settlement of land cases, the resolution of disputes over dual land rights certificates that can be carried out by the ATR/BPN of West Manggarai Regency is to seek the resolution of dual certificate disputes through non-litigation channels with mediation between the disputing parties. The mediation carried out by ATR/BPN West Manggarai is expected to be able to effectively assist the people of West Manggarai in resolving disputes over dual land rights certificates.

This research article considers tech hype as a mnemonic process that makes us remember or forget the world, technology, and the myriad ways we can relate to it. The argument is based on an auto-ethnographic vignette and a close reading of two key texts in the discourse on using technology for land management in India. The article shows how technology, the social, and the practice of knowledge-production can be rethought in this mock battle between hype and criticism of hype.

AbstractThis study aimed to unravel the legal and political history of the birth of a modern mode of railway in Medan. The land agreement for the construction of railroad companies has led to conflicts to date regarding the status of concession lands originating from the Sultanate of Deli at that time. This study integrated normative legal research with historical research methodologies, utilizing archives of primary materials from colonial times as the primary source and secondary data from a specific era. Data was carried out at the Netherlands National Archives in The Hague and the Special Collections of the Leiden University Library in early spring 2015, and continued in early winter 2016 and 2019. There are two important findings from this research. First, land concession managed by Deli Spoorweg Maatschappij (DSM) does not belong to the foreign company but belongs to the indigenous people where the King or Sultan acts as the customary leader. Second, Law No. 86 of 1958 nationalized Dutch companies and turned these areas into State Companies like Railways and Plantations, however the Sultanate and Customary Law Community’s rights cannot be demolished. This manuscript showed comprehensive analysis of the land rights associated with the DSM in Medan. However, there are limitations to this research in that the available historical records are incomplete, and some important documents have been lost or damaged over time, which may result in data gaps. Future research should be conducted to compare the Deli Spoorweg Maatschappij with other colonial and post-colonial railroads.

Land tenure security is key to rural transformation, diversification, increased agricultural production, and environmental sustainability. However, its determinants are still unclear, especially in Sub-Saharan Africa (SSA), where land tenure insecurity is widespread. The study evaluated the determinants of land tenure security using the ordered probit model. Using pre-tested semi-structured questionnaires, data were collected from 366 respondents in Narok county, Kenya using a multistage sampling procedure. From the results, household heads in the high land tenure security category were older, more educated, owned relatively larger land sizes, and had higher maize productivity with somewhat smaller household sizes than those in the low and medium land tenure security categories. Furthermore, age, marital status, education level, number of years the household had stayed on the land, land fertility, land acquisition through purchase, land size, the distance from the home to the parcel and household size were the main determinants of land tenure security. Pro-women and youth policies should be enacted to enhance land tenure security. Moreover, laws that protect marital property rights should be put in place and ease the land purchase procedure by reducing transaction costs and weeding out corruption.

Land in Ghana is mostly governed by customary tenure systems. The sole purpose is ensuring the egalitarian use of land resources to secure the welfare of customary families and individuals with common interest in land. However, a confluence of issues including obstinate national policies on land, globalization, and land grabbing, and changing socio-economic context, have synergistically altered the customary regimes with varied and complex consequences for rural land access and use rights. This paper through narrative literature review unpacks the legal regime for customary land governance on the one hand, and empirical studies on the other, to understand the extent of destabilization of the bundle of rights in Ghana’s property rights regime. This review shows the different bundles of rights examined have different levels of stability. Access and use rights remain the most stable, use, and withdrawal rights are under severe stress, while exclusion and alienation rights seek to strengthen chief authority over land. The trusteeship role of chiefs has been replaced by powers resembling absolute ownership, thereby tacitly supporting the alienability of land by chiefs, a development unintended by customary land governance relations.

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The subject of individual limited companies' (ILC's) land rights in the Republic of Indonesia is complicated and contentious, owing to the country's complicated land tenure structure. This problem develops as a result of the distinct legal structure that controls land ownership, having a focus on individual as well as community rights. Furthermore, the growing demand for business and industrial property has prompted concerns regarding how these legal rights are granted and secured for limited enterprises. The primary goal of this research is to extensively investigate and examine Indonesia's legislation and rules regarding land rights as they pertain to individual limited companies. For this legal research, the data was gathered from different primary as well as secondary sources and content analysis was done. The current study used the normative research approach to collect data. It has been observed that ILCs' land rights in Indonesia are principally controlled via the Agrarian Law, which recognizes several land titles as well as tenure types, notably Hak Guna Usaha (HGU) for business reasons. According to the findings, getting HGU for restricted enterprises might be a complicated procedure that necessitates compliance with certain legislation and plans for land use at the national and regional levels. Nevertheless, Indonesia's ownership system is extremely complicated, with legislation differing at the national, provincial, as well as municipal levels. This variation makes it difficult to present a full investigation that incorporates all regional subtleties and specificities, thus reducing the findings' universality. [ABSTRACT FROM AUTHOR]

This study aimed to unravel the legal and political history of the birth of a modern mode of railway in Medan. The land agreement for the construction of railroad companies has led to conflicts to date regarding the status of concession lands originating from the Sultanate of Deli at that time. This study integrated normative legal research with historical research methodologies, utilizing archives of primary materials from colonial times as the primary source and secondary data from a specific era. Data was carried out at the Netherlands National Archives in The Hague and the Special Collections of the Leiden University Library in early spring 2015, and continued in early winter 2016 and 2019. There are two important findings from this research. First, land concession managed by Deli Spoorweg Maatschappij (DSM) does not belong to the foreign company but belongs to the indigenous people where the King or Sultan acts as the customary leader. Second, Law No. 86 of 1958 nationalized Dutch companies and turned these areas into State Companies like Railways and Plantations, however the Sultanate and Customary Law Community's rights cannot be demolished. This manuscript showed comprehensive analysis of the land rights associated with the DSM in Medan. However, there are limitations to this research in that the available historical records are incomplete, and some important documents have been lost or damaged over time, which may result in data gaps. Future research should be conducted to compare the Deli Spoorweg Maatschappij with other colonial and post-colonial railroads. [ABSTRACT FROM AUTHOR]

Abstract How does urban expansion interact with pastoral climate change adaptation? This article explores pastoral adaptation strategies at the rural-urban interface. It examines how Maasai pastoralists in peri-urban Nairobi, Kenya, respond to climate hazards in the context of urban expansion, land use change, and land privatisation. Using mixed-method research, the study is informed by a household survey (n = 72), 38 qualitative interviews, and 12 focus group discussions. Drawing on the literature on climate change adaptation, pastoral change, and peri-urban dynamics, we find that while urban expansion provides significant challenges for pastoral livelihoods in the study area, pastoralists also engage new opportunities in the peri-urban context and employ them in their adaptation strategies. We show how adaptation strategies related to mobility, diversification, market exchange, and storage are employed through a variety of efforts including engagement with urban land markets and demand for livestock products, and by capitalising on proximity to transport, trading facilities, water, and commercial fodder. Communal pooling, another adaptation strategy, is less used and perceived to be in decline. We further find that historical land ownership patterns play a significant role in adaptation strategies, as pastoralists who have benefitted from rangeland privatisation are able to convert high peri-urban land values into private rural land access and investments in, e.g. diversification. Poor households are in a more precarious position but draw on informal agreements to access land as part of their adaptation strategies. Our findings highlight how pastoral households at the rural-urban interface may draw actively on peri-urban opportunities in their adaptation strategies as part of their efforts to enhance livelihoods, and in so doing bridge peri-urban and rural space. More broadly, our study highlights the importance of understanding pastoral climate change adaptation in the context of wider changes in livelihoods, land use, and land rights, rather than as isolated actions. Graphical Abstract

Land in Ethiopia is held by the state and the people; while landholders guaranteed a lifetime ‘holding’ right (any right except sell and mortgage per se). Women have equal rights to men in the formal legal system, despite, in pastoral areas, women’s land rights are highly influenced by religious and customary systems: rights are meaningless unless they are socially recognized and effectively enforced. Studies on women’s land rights comparing between formal and customary land laws are rare. The aim of this paper is to understand what land rights women have under formal and customary legal systems in pastoral areas of Ethiopia, how these are implemented and what their impact is, and to make recommendations for their convergence. It focuses on two pastoral regions of Ethiopia: Afar and Oromia. The research revealed that there is a high disparity between the formal law and what the practice in one hand, and the customary and religious systems, and the formal state system. Afar society is patriarchal: women are still inferior to men in terms of use of and access to land. Customary and religious systems are applicable more than state laws. Women don’t resolve disputes except in certain exceptional circumstances, they involve indirect. They cannot inherit property either from their husband or families through the customary system. Land titling is conducted in the region by considering the rights of women which brings improvements. Women have started to obtain private holdings from the government in villagization areas: accounted for 24% of the total, despite several challenges. In Oromia pastoral areas, women have relatively equal rights: they have their own clear responsibilities according to custom. Transactions of matrimonial properties is not possible without the consent of the wife. In many places, women have their own private land, and they participate directly and indirectly in the management of communal lands. But there is discrimination for women as far as inheritance is concerned. Inheritance of land and dispute settlements are common problems of the two study areas. It is not an easy task to converge the formal and informal systems on women land rights. Replacing the customary system with the formal is not the solution. Legal pluralism may be an option and advantageous. The research recommends for promulgation of pastoral land administration laws acknowledging and incorporating customary and religious laws (one umbrella pastoral ‘code’ that bring together statutory, customary, and religious laws); awareness creation and legal empowerment of societies; certification of private holdings including photographs of both the husband and wife/wives; integration of the customary and religious systems into criminal law; a mobile free legal service; a thorough study to understand the pros and cons of polygamy for women and the society in general; and a process of cultural mapping and monitoring.

With governance increasingly regarded as co-governance, states' capacity to steer, correct, and discipline a wide range of self-governing actors becomes crucial for states' effectiveness, efficiency, and democracy. This article investigates that capacity and the relationship between formal institutions and customary self-governance in areas of limited statehood. In South Sudan, the field of land governance can be regarded as an area of limited statehood. As land relations are closely connected to clan structures and intra-familial relationships, customary norms and institutions enjoy great legitimacy and are an important locus of local land governance and dispute resolution. The South Sudanese government has promulgated legal provisions for equal rights to property and inheritance that clash head-on with customary notions of gender roles in the family and the preservation of family land. By focusing on the case of women's land rights in South Sudan, combining literature study with data from exploratory fieldwork in two South Sudanese towns, this article aims to reflect on the cohabitation of customary and formal norms and values and the role formal legal and administrative systems, in areas of limited statehood, can and do play in boundary setting for customary self-governance. [ABSTRACT FROM AUTHOR]

It is critical to have land policies that facilitate access to and effective control of land and other natural resources in order to achieve inclusive growth and eradicate poverty. It is well known that discrimination in land rights occurs globally, both in formal and customary settings. The reason for this is that land rights are either strong or weak and are held by a variety of groups of people. It is the weaker variants of the inequalities that stifle tenure security, reduce land use, and threaten the food security of those who depend on the land to survive. Goal and objectives: This study looks at improved land reforms to the benefit of women´s access to land to foster and support social norm change in Sierra Leone. Methodology: A Cross-sectional research design was used for data collection. Quantitative data was analyzed descriptively; while, qualitative data was analyzed using content analysis. A household's survey across the settlements for semi-structured questionnaire administration. In-depth interview of the various category of women and household heads through a purposive sampling technique. Key informant interviews (KII) consisted of local leaders, household heads, women leaders and community land owners. An unrefined search using keywords through JSTOR, Google Scholar, Research Gate and UNILAG database yielded search results of journals, book chapters and research reports on the subject. This was restricted to the utilization of accessible resources drawing on sources from different scholastic disciplines while performing an area audit. Results: The results of the study indicated that the principle that statutory reforms automatically take precedence over other laws in cases where there is a conflict between laws seems to remain on paper here. When it comes to land, informal and customary arrangements dominate and custom is seen to be powerful, authoritative and even unshakable. Even with the current gender-equitable legal framework, proper implementation of these laws is often lacking and enforcement institutions are weak. Therefore, it is recommended that increased efforts is needed to assist women in exercising their legal rights, such as addressing norms and customs regarding the manner in which women acquire land (such as through purchase or inheritance), the quality of the land they receive, and the manner in which land is transferred upon marriage or the death of a spouse. [ABSTRACT FROM AUTHOR]

The role of the philanthropic sector in climate change mitigation and biodiversity conservation is gaining renewed attention as new pledges to dramatically increase funding for nature‐based climate solutions mount. Despite their significant role in the conservation space, philanthropies are relatively understudied as donors; in particular, the lack of accountability and transparency in philanthropy have made them a "black box", including in conservation‐related efforts. Based on extensive document and database review alongside interviews with philanthropic grant‐makers and recipients, this article seeks to analyze the conservation‐related efforts of the Ford Foundation—a long‐standing philanthropic actor in international sustainable development. Specifically, we examine how Ford Foundation practices in Mexico and Central America have shifted since 2000 to center Indigenous Peoples and local communities, both in terms of thematic focus and strategic approach. In explaining how Ford Foundation grant‐makers themselves understand the process of change, and their lessons from this process, this article highlights the ongoing challenges to and possible methods for centering inclusive, territorial approaches to produce more effective, lasting conservation outcomes. [ABSTRACT FROM AUTHOR]