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This research is aimed at revealing the collection practice of inheritance Acquisition Duty of Right on Land and Building (BPHTB) of Marital Properties in the form of land rights at Regional Finance and Assets Office (BKAD) Sleman and analyzing the practice based on the inheritance and land law. This research is empirical legal research. The data collected in this research are analyzed using a qualitative method and presented descriptively in order to obtain descriptive qualitative results. The result shows that there has been an overpayment of tax that should not be billed in the collection of BPHTB inheritance in the form of land as the marital property at BKAD Sleman since the living widow’s or widower’s right is counted. Land titles as joint assets, if registered only in the name of the heir without registering the spouse's name, the BKAD Sleman does not take into account the spouse’s right to the land titles. This calculation happens because a land certificate as the marital property is registered only under the name of a husband or a wife alone, and BKAD Sleman interprets this condition as that the owner of the certificate is the one whose name is registered on it.

The article examines aspects of the legal regulation of the organization and implementation of veterinary preventive and antiepizootic measures in specially protected natural areas of federal signifi cance on the example of outbreaks of African swine fever in the state nature reserve “Mshinskoe swamp” of the Luga district of the Leningrad region in 2018–2019. An assessment of the current in the period 2018–2020 is given veterinary and environmental regulatory legal status of acts, with the revealed practical law enforcement collisions in the analyzed acts in the elimination of real outbreaks of African swine fever in the Leningrad region. The bureaucratic nature of the procedure for making decisions on the need to regulate the number of wild animals in specially protected natural areas of federal signifi cance and the practical implementation of these measures, revealed by practical law enforcement, was leveled by local rule-making of the Veterinary Directorate of the Leningrad Region, the legitimization of which was carried out by the actual elimination of infection in a reserve of federal signifi cance and the subsequent implementation of the developed regulation by the Ministry of Natural Resources resources and ecology of the Russian Federation into the system of quarantine measures. At the end of the article, substantiated proposals are formulated for amending the veterinary and environmental legislation in order to prevent the occurrence of the same legal collisions in the future and to promptly eliminate outbreaks of infectious diseases in the wild fauna, in particular in specially protected areas of federal signifi cance.

The article presents a spatial analysis of the prevalence of certain categories of legal problems in Ukraine. The analysis was performed using the database of client appeals of the free legal aid system of Ukraine for 2019 in five categories of problems related to the areas of housing, pension, inheritance, labor, and land law. For each settlement where at least one free legal aid office is located, the share of appeals related to the 5 selected categories from the total number of appeals was calculated. The obtained indicators were used for mapping, correlation analysis and statistical tests. Certain territorial regularities were discovered, as well as correlations of the share of appeals on certain categories of problems with separate social and demographic characteristics of the population at the oblast level were identified. In particular, the share of appeals on housing law at the oblast level is positively correlated with the percentage of households living in apartments, and increases in bigger settlements and their proximity to the oblast center. The share of appeals on land issues is growing from east to west, is highest in rural areas and is positively correlated with the percentage of rural population in the region, as well as the percentage of people employed in agriculture, forestry and fisheries. The share of appeals on hereditary issues is the largest in the western macro-region and small settlements, and also correlates positively with the average household size in the region. Regularities on the prevalence of appeals on labor and pension law could not be found. For all categories of problems, a geographical variation in the prevalence of various legal problems is observed at the oblast level, when the indicators may differ significantly in neighboring districts.

This chapter examines the relationship between land law and human rights. From a distinctly land law perspective, the human rights discourse has given rise to much debate, which continues to fuel much academic commentary including recent examination of the availability of horizontal effect in McDonald v McDonald in the Supreme Court and in the European Court of Human Rights. The chapter focuses chiefly on the two most pertinent provisions of the European Convention on Human Rights (ECHR) for land law; namely Art. 1 of the First Protocol and Art. 8 and reflects on the, at times, difficult relationship between land law and human rights.

It is devoted to the study of the legal nature of the «agrarian cluster» as a new business entity in the agro-industrial complex of Ukraine in the conditions of opening the land market and decentralization of agricultural lands. The scholar examines the decree of the President of Ukraine and the resolution of the Cabinet of Ministers of Ukraine, which allow territorial communities to dispose of agricultural land at the local level and thus develop agricultural business at the regional level in terms of «agricultural cluster». The author analyzes the legislative support for the activities of «agricultural clusters» in our country through the prism of land law, agricultural law, commercial law and the provisions of scientific doctrine. The main programs of the Government of Ukraine for the last ten years, which were related to the development of the cluster movement in the country, are studied. The legal definition of «agrarian cluster» is studied through the prism of scientific doctrine and foreign experience and the author’s interpretation of this legal institution is offered, which must be included in our current agrarian and commercial legislation. In addition, the author reveals the fundamental legal problems that exist in law on the legal regulation of «agricultural clusters in Ukraine and offered to take a special legal act that would regulate the relationship of these agricultural and amend the commercial legislation. The scientist emphasizes in the article the need to develop and adopt a special state and legal program at the legislative level, which will provide financial, legal, economic, investment and organizational conditions for the creation and operation of «agricultural clusters» in the country and attract foreign investors. Moreover, in the scientific work analyzing the current land legislation and proposes to resolve the legal issue of ownership and use of agricultural land for commercial agriculture «agricultural clusters in the functioning of the land market in subsequent years in Ukraine.

Indonesia menganut sistem publikasi negatif dalam kegiatan pendaftaran tanah, dimana negara tidak menjamin kebenaran data yang disajikan dalam sertipikat. Hal ini sekilas menggambarkan kondisi tidak dijaminnya kepastian hukum dalam kegiatan pendaftaran tanah, sehingga banyak pihak yang menginginkan agar pemerintah mengganti kebijakan pendaftaran tanah kearah Stelsel Positif. Penulis tertarik mengkaji lebih lanjut dengan tujuan agar didapatkan pemahaman secara filosofis tentang sistem publikasi pendaftaran tanah yang berlaku di Indonesia. Penelitian ini merupakan penelitian hukum normatif yang bersifat deskriptif dengan menggunakan data sekunder. Hasil analisis menunjukkan bahwa pada dasarnya sistem publikasi negatif yang dianut Indonesia bukanlah sistem publikasi yang tidak menjamin kepastian hukum. Hal ini karena sistem publikasi negatif tersebut tidak berlaku untuk selamanya, tetapi hanya berlaku selama 5 tahun. Sistem publikasi negatif di Indonesia tetap menganut unsur positif, dimana pemerintah akan menjamin kebenaran data yang disajikan setelah 5 tahun tanah didaftarakan. Pembatasan tersebut justru bertujuan untuk memberikan perlindungan hukum terhadap pemilik tanah sejati, sehingga dimungkinkan adanya gugatan oleh pihak yang merasa berhak dalam waktu 5 tahun sejak diterbitkanya sertipikat secara sah. Secara filosofis, system ini sangat sesuai dengan nilai hukum yang hidup dalam masyarakat, dimana tanah harus diperoleh dengan itikad baik, diduduki secara nyata dan memeliharanya. Lebih lanjut ketentuan tersebut disempurnakan oleh hukum pertanahan nasional yaitu dengan mendaftarakan hak, untuk memperoleh kepastian dan perlindungan hukum. Sebaiknya pihak yang merasa berhak atas tanah, benar-benar menguasai tanahnya secara nyata, menjaga dan melakukan pendaftaran hak, sehingga perlindungan dan kepastian hukum diperoleh meskipun dengan stelsel negatif. Kata kunci: kepastian hukum; pendaftaran tanah; perlindungan hukum; sistem publikasi. ABSTRACT Indonesia adheres to a negative publication system in land registration activities, where the state does not guarantee the accuracy of the data presented in the certificate. This at first glance illustrates the condition where legal certainty is not guaranteed in land registration activities, so that many parties want the government to change the land registration policy towards a positive system. The author is interested in further research with the aim of obtaining a philosophical understanding of the land registration publication system prevailing in Indonesia. This research is a normative legal research using secondary data. The results of the analysis show that basically the negative publication system adopted by Indonesia is not a publication system that does not guarantee legal certainty. This is because the negative publication system is not valid forever, but is only valid for 5 years. The negative publication system in Indonesia still adheres to a positive element, where the government will guarantee the correctness of the data presented after 5 years of registration of the land. This restriction aims to provide legal protection for the true land owner, so that it is possible for a claim by parties who feel they are entitled to within 5 years of the legally issued certificate. In this way, legal certainty as the objective of land registration is achieved. Philosophically, this system is in accordance with the legal values that live in society, where land must be obtained in good faith, occupy it in real terms and maintain it. This provision is further enhanced by the national land law, namely by registering rights to obtain legal certainty and protection. It is better if those who feel entitled to land really control their land in real terms and register the rights, so that protection and legal certainty are obtained even with a negative system. Keywords: land registration; legal certainty; legal protection; publication system.

Applicability of UUPA, a step forward in the land law, but with the foundation of land tenure and the former western lands that are not owned by an individual into a state land "directly controlled by the State to the maximum benefit of the people", it becomes a big problem, what is it? Proof of ownership of land should be formal and based on the written evidence proved village government (Lurah), how to indigenous peoples who are not familiar with reading and writing, they are farmers working in the tradition to the next. In the Local Rules Samin people not give legal protection to ownership. Meanwhile the Lebak’s District Government issued Decree’s No. 32, 2001 About Protection of Land Rights Baduy society, to guarantee the continuity of the Baduy. This local regulation should be used as an example for legal protection against indigenous peoples.

The legacy of legal dispossession and dislocation as well as the marginalisation of the masses has been longstanding. This begins with land law that has never been updated to empower the people and moves through social or public order laws that are meant to protect the public by keeping order along the lines of Hobbesian and Lockeian thinking. If we look closely at a number of laws and political structures in the postcolony in the Anglophone Caribbean, we find that the legacy of Britain remains entrenched. This has both direct and indirect effects on the masses. The direct effect is Bahamians finding it harder to succeed in their own country than most international persons; and the indirect effect is violence and dispossession. This legacy and indirect effect lead to what has become referred to as a culture of violence, not because people see the violence they live with, but because they respond to the violence through violence they create and then become famous for. When a former subject, now a citizen in the postcolony, locked in a body and a space with few opportunities and access to those opportunities is frustrated by the legal and political economic systems, this working-class subject (like so many others) responds by resisting this oppression. Meanwhile, these laws continue to exact a heavy price.

The article is devoted to the study of the concept of the legal regime of historical and cultural lands and its importance in land law of Ukraine, the definition of the legal regime of this category of land is proposed. The author studies the current legislation of Ukraine and the doctrine in this area. Different approaches to understanding the legal regime as a legal category are presented. The understanding of the legal regime of lands both in general and lands of historical and cultural purpose is studied. The author outlines the problems of differences in the legal regime of historical and cultural lands, protected areas, historical areas of cities and protected archaeological sites. In addition, the author confirms the connection between the legal regime of monuments and the land on which they are located. The monument is the object that determines the existence of the legal regime of historical and cultural lands. It is emphasized that the peculiarities of the legal regime of historical and cultural lands are due to the need to protect and preserve cultural heritage sites. The author analyzes the distribution of powers in the field of protection of cultural heritage and its territories belonging to the Cabinet of Ministers of Ukraine, the Ministry of Culture and Information Policy of Ukraine, as well as local bodies for the protection of cultural heritage. The author analyzes the restrictions on the question of private ownership on cultural heritage and its territoris. The author draws attention to the importance of concluding protection agreements, defining the responsibilities of the owners and the list of works that need to be done by them. The issue of permits for any type of works or other activities on land plots of historical and cultural significance has been studied. The principles of termination of rights to land plots of historical and cultural purpose and liability for violations in their use or other violations of the legislation on protection of cultural heritage are analyzed.

Mozambique’s land law is notable for its intent to balance the recognition and protection of smallholder land use rights with attracting foreign and domestic investment to rural areas. However, the state’s legitimacy may be undermined through the process of recognition, as state actors and local elites circumvent the law for private gain. Walker focuses on two areas where the law has failed to protect smallholder rights: issues of women’s land rights, and the expansion of protected areas. These issues speak to the problem of recognition, revealing ways the state produces authority, but not necessarily legitimacy, in rural settings.

The great legal scholar Patrick McAuslan described the 1990s as inaugurating a new era of land law reform. Land law reform has taken place on a significant scale since 1990: a total of 32 new national land laws have been enacted since 1990 in nearly 60 per cent of African states. Land issues have been the cause of both simmering discontent and violent conflict throughout Kenya’s colonial and post-colonial history. They remain a ‘key fault line’ in modern Kenya. Historians of Kenya and commentators on its politics continue to find patrimonialism, ethnic favouritism and corruption at play, nowhere more so than in the politics of land. Kenya’s problems with land defy easy description: they remain complex and multi-faceted and include massive and worsening inequalities in access to land, a propensity to land grabbing and continuing conflicts over who is and who is not entitled to occupy land. Efforts to address these problems have since before independence been erratic at best.

In modern conditions of great scientific and practical interest is the study of historical experience of legal regulation of land relationsin the Volyn province as part of the Russian Empire (1793–1917), which will help to understand and highlight the basics of historicaldevelopment of legal regulation of land relations in Ukraine. The study and generalization of this historical and legal experience will make it possible to use certain achievements to clarify the origins of national land law. Historical and legal research of this topicwill contribute to a deeper understanding of the protection of property rights and the peculiarities of its legal regulation, increase theefficiency of the institution of property rights at the present stage of establishment of the Ukrainian state.The article is devoted to the characteristics of the formation of legal regulation of land relations in the Volyn province as part ofthe Russian Empire (1793–1917).The author notes that in land relations in Volyn as part of the Russian Empire (late XVIII – early XX centuries.) There were certainfeatures not typical of other Ukrainian regions: there were strong influences of Polish law, which could not be completely eliminatedfrom practical application; in Volyn, local customary law, designed to regulate land relations (from purchase and sale to inheritance),had a strong influence; significant role in the economic and social life of the region was played by large landowners.It is concluded that in the early twentieth century. the largest amount of land in the Volyn province was owned by large landow -ners (including German and Czech colonists), while the peasantry, which was the largest group of the population of the then Volyn,owned a small amount of land. At that time there was an evolution of land relations in the countryside, resulting in a reduction in thenumber of landed estates and social stratification of the peasantry.So, in the land legal relations in Volyn as a part of the Russian Empire (the end of the XVIII – the beginning of the XX century)certain peculiarities were observed, which were not peculiar to other Ukrainian regions.

There are rising public concerns about the acquisition of prime land by non-citizens/foreigners in Botswana, especially in the sprawling urban and peri-urban areas. Indians, Nigerians and Chinese, among others, are allegedly involved in such land transactions. There is a salient local resentment towards them and/or such transactions. Sensational media reports, emotive public statements by politicians, chiefs and government officials, and anger from ordinary citizens dominate the discourse. These emotive public debates about this issue warrant some academic comment. This article argues that the acquisition of land by foreigners in Botswana, in each land category—tribal, state and freehold—is legally allowed by the relevant laws. But this does not mean that citizens have no right to raise concerns and/or show their disapproval of some of these legal provisions. Aware of the public outcry, the government has since passed the Land Policy in 2015, revised in 2019, and amended the Tribal Land Act in 2018, not yet operational, to try and strictly regulate the acquisition of land by non-citizens. There is no readily available statistical data, indicating the ownership of land by foreigners in each land category. This issue is multifaceted and needs to be cautiously handled, lest it breeds xenophobia or the anti-foreigner sentiments.

Neste artigo descrevemos uma comparação antagônica de dois documentos do período imperial brasileiro (1850 e 1854) com um documento recente da república brasileira (2012). O documento de 1850 é a Lei de número 601, conhecida como Lei de Terras, enquanto o documento de 1854 é o Decreto 1331 que regulamenta a educação no município da Corte, também conhecido como Reforma Couto Ferraz. O documento de 2012 é a Resolução de número 08 do Conselho Nacional de Educação sobre as Diretrizes para a Educação Escolar Quilombola. Por meio de análise documental, buscamos refletir sobre os contrapontos entre o período colonial e o período democrático. Tais documentos, quando assinados pelo Imperador mostram a exclusão desses povos, enquanto a inclusão é feita em outro documento assinado por um presidente da república. Concluímos que a exclusão dos integrantes dos quilombos, por via oficial no século XIX, sofreu profundas alterações quando se compara com os direitos conquistados no século XXI, mas que em muitos pontos ainda permanece uma realidade de dificuldades no campo da educação, da terra e do racismo.

The article deals with the rights to agricultural land under the conditions of the moratorium on the alienation of agricultural land in Ukraine. Currently land lease is the most widespread land-use right in Ukraine. The purpose of the article is to investigate the features and prospects of the functioning of the land market in Ukraine and to increase investor interest in it. The dialectical method made it possible to consider the development of land-use rights in Ukraine, to formulate proposals for improving existing legislation. The method of comparative legal analysis made it possible to compare the system of relations of land ownership and lease in Ukraine and other countries of the world. Much attention has been paid to the abolition of the moratorium on the purchase of agricultural land in Ukraine, which will lead to a gradual increase in the share of entrepreneurial activity on owned land with an optimal ratio of land lease. Based on the features of agricultural land lease, the following positive points are highlighted: 1) the availability of long-term lease guarantees the tenant’s stability in land use and promotes better planning and investment attractiveness; 2) the ability to set a fixed size of land rent without taking into account the normative monetary valuation; 3) rents for agricultural land in Ukraine continue to be much lower than in other countries.

Mozambique’s 1997 Land Law was praised by international donors and the country’s own civil society for its democratic and open drafting process. The process included public hearings throughout the country and the recognition of customary law. However, once it became operational, there were many instances of so-called land grabbing. This chapter argues that the reason for this lies in the political operation of the law rather than in the technicalities of its application. This chapter aims to explore the political dynamics in Mozambique that distort the implementation of the Land Law of 1997. The land law in Mozambique was developed with the technical support of international donors, and the government of Mozambique followed these external trends in the expectation of receiving financial support and private investment while it also reflected the axis of conflictin Mozambique’s domestic politics. The case studies show that the operation of land law has resulted in the emergence of party-political oppositional axes in rural areas. These facts suggest that the specific political environment strongly influences the process of law-making and implementation. Mozambique’s political environment is an obstacle to achieving the law’s original objectives of establishing rights to land resources and social stability.

This Qualitative research is to see the suitability of land waqf implementation, especially in the administrative area of ​​the Office of Religious Affairs (KUA), Pandak District, Bantul Regency, with the prevailing regulations in Indonesia. The sociological juridical approach was chosen in analyzing the data collected by observation, documentation and in-depth interviews. Some of the informants are the Registration Officer for the Akta Ikrar Waqf (PPAIW KUA and staff); Nadzir Legal Entity; and individual Wakif in Pandak District. The implementation of land waqf in Pandak District is in accordance with the applicable provisions, namely Law Number 41 of 2004 concerning Waqf. However, several obstacles, especially in land law certainty and the active participation of all parties involved in land ownership, must receive immediate attention. Socialization regarding Law N0. 41 of 2004 concerning Waqf can be implemented in a sustainable manner so that the benefits can be extended to the productive waqf area. The action can be through face-to-face counseling or community recitation activities in addition to the use of electronic and print media.

This article provides an overview of the contemporary land reform process in the Democratic Republic of Congo and presents strategies used by various local, national and international actors to inf...

Purpose: The article is devoted to the study of egalitarian principles of medieval Czech statehood and the legal system. Methods: The authors pay special attention to the peculiarities of family self-government of the Czech communities, the institution of hazing in land law and the mechanism of reconciliation as an alternative to the death penalty. Findings: The paper proves that tribal remnants of the customary law of the ancient Czech people in the medieval era contributed to the preservation of egalitarian democratic principles of public administration and justice.

The article deals with the theoretical and legal research of the Institute of Land Disputes as a separate type of land legal relations. The modern scientific concepts of understanding the legal nature of the settlement of land disputes in the science of land and environmental law are analyzed. It is concluded that the legislative consolidation of the settlement of land disputes as a guarantee of land rights determines the peculiarities of determining the content of this legal category as a type of land legal relations, regulated by the rules of land legislation. On the one hand, as a guarantee for the protection of human rights, the resolution of a land dispute is viewed through the prism of its effectiveness, which is ensured (implemented) with the help of public authorities within the powers defined by law to make a decision that will restore the violated, unrecognized or contested right. On the other hand, the settlement of land disputes is seen as a kind of land management relations of procedural content. On the basis of a systematic analysis of the provisions of the Land Code of Ukraine, it is concluded that Section V of the Land Code of Ukraine contains only legal guarantees for the protection of land rights, not guarantees for land rights, and leaves out the guarantees of realization and protection of land rights, which are defined outside this section. The urgent issue remains the effectiveness of resolving land disputes and strengthening its importance as a guarantee for the protection of land rights. This raises practical problems of differentiation of competence, efficiency of procedures of consideration of cases and execution of decisions in land disputes. The lack of quality legal regulation causes the settlement of land disputes as a guarantee for the protection of land rights not receiving proper practical implementation and to some extent being declarative.

UU No. 1 of 1974 concerning marriage and Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI) is one form of unification and codification of the law in Indonesia concerning marriages governing legal consequences including dowry in the form of land. Land law in Indonesia has been based on UU. No. 5 of 1960 concerning Basic Principles of Agrarian Law (UUPA) and Government Regulation No. 24 of 1997 concerning land registration. The issue of dowry in the form of land in the marriage law is inseparable from the provisions of agrarian law. In the principles view of the establishment of "special regulation that excludes general regulations (lex specialis derogat lex generalis)". Therefore, to provide legal guarantees for the ownership of land dowry, registration must be carried out to issue a certificate on behalf of the wife (owner of the dowry). Keywords: Dowry-Land Ownership-Agrarian Law

The development of the oil palm plantation industry in Indonesia in the last two decades is growing very rapidly. This plantation industry is of course very dependent on the availability of land that will be used to grow oil palm both from land controlled by the State and communal land and community agricultural land. With the need for land that is very much, of course the government must make the necessary regulations and also have to ascertain whether the regulations that have been made have been carried out by the business actors and whether the surrounding communities benefit from the existence of the oil palm plantation industry.Koperasi BIMA I Nagari Abai, which in this paper is the object of research, is one of the realization of the oil palm plantation industry that obtained land from the Nagari Abai community and partnered with the community to give their land in a cooperative forum. Complete legal relationship with all rights and obligations that are formed because the partnership program comes from the existence of a partnership agreement between PT. Binapratama Sakatojaya as adoptive father and cooperative of BIMA I Nagari Abai as adopted son and PT. Bank Mandiri, Tbk. as a credit provider for the construction of the Koperasi BIMA I plasma plantation.In the implementation of the partnership several problems were discovered that must be resolved immediately. Some of these problems are: legal relations that occur between PT. BPSJ with Bank Mandiri and Koperasi BIMA I related to the details of the debt and financing of the Koperasi BIMA I plasma plantation; in addition, there is also a large number of under-hand transfers of plasma plantations that are not in accordance with the rules of land law and the Articles of Association of Koperasi BIMA I Nagari Abai.

State control of land plays a critical role in producing land dispossession throughout the Global South. In Myanmar, the state’s approach towards territorial expansion has driven the country’s syst...

Purpose This paper aims to examine current land administration practices (LA) in Tanzania to pinpoint divergences and convergences from past experiences that necessitated the 1990s reforms. Design/methodology/approach Literature review was carried out to understand historical practices which were then matched with current regulatory framework and observable LA practices captured through in-depth individual and group interviews of LA professionals in the public and private sectors, as well as LA customers in Dodoma Region Tanzania. Findings The current practices and government’s responses through land law reforms is largely a replica of what happened in the pre- and post-independence eras until just before the 1990s reform and is still characterised by corruption, inefficiency in service delivery and poor coordination among LA actors. It introduces superficial land governance structure over customary land as it was during colonialism; induces a temporary hikes in title delivery without any sustainability prospects just as it was immediately after independence; and induces more uncertainties for local land holders/investors than it addresses as it was during the implementation of the 1982 agricultural policy. Furthermore, the current awareness education during rural land titling programmes is inadequate to address the perceived risk of land alienation and dispossession among the poor. Practical implications A uniform LA system and tenure type throughout Tanzania that cater for the need of the time rather than a fragmented system of LA, which fuels maladministration and inefficiency in LA, is dearly needed. Originality/value Convergence of current LA practices with some of the worst past experiences explains some failures in land policy reform in Tanzania and the developing world in general.

Inter-communal land conflict in Benin City has increased owing to informal land subdivision by land owning communities. As development intensifies, boundaries between communities in peri-urban areas become distorted leading to contestations and violent conflicts. However, little is known about the roles of organized groups in these conflicts. The legal pluralism in land ownership in Nigeria and the ineffectiveness of the State’s Land Law have created informal land market in which leaders of land owning communities dominate. This paper explores these issues through a case study of boundary dispute that developed into violent conflict between two communities in Benin City. The findings revealed that at the root of the conflict were material and emotional needs of groups seeking power and wealth which resulted in diverse claims. Other endogenous factors underlying the conflict were the socio-cultural environment of urban land market and local power relations among the actors involved.

In the conditions of a significant deterioration of the quality of land in Ukraine, the intensification of pollution of land, the development of erosive processes, special attention needs theoretical issues in the field of relations of the restoration of land. Particular attention deserves the subjects of legal relations of the restoration of land. Legal problems of land restoration are extremely relevant in modern conditions. In the context of the above, it is expedient to distinguish the works of domestic scholars, however, some theoretical questions regarding the legal status of subjects of legal relations in the field of restoration of land need further research. Consequently, the legal status of the subject of land relations depends to a certain extent on the features of the object of legal relations. Thus, in the case of conservation of degraded and unproductive land plots, there is a cessation of their economic use for a certain period of time and their entraining or afforestation. Consequently, owners and land users lose the right to use the land for a certain period of time. Thus, legal entities in the sphere of land restoration should be considered as citizens and legal entities, which have certain rights and responsibilities for the restoration of land. Both the owners and the land users are obliged not only to increase the soil fertility and to preserve other useful properties of the land, but also to bring the land plot in its previous state in case of illegal alteration of the relief. In this case, it is a question of the disturbed lands that have undergone certain changes in the structure of the relief as a result of mining, geological exploration, construction and other work, lost their original quality status and productivity.

Summary The Seventeen Statutes is one of the oldest classical texts of Old Frisian Law. In its late fifteenth century edition, as part of the Frisian Land Law, it was provided with Latin glosses. Analysis of these glosses, which were scarcely investigated until now, enables us to pronounce with more certainty upon the date of both the Frisian Land Law, as a compilation, and its Gloss. Moreover, the glosses to the Seventeen Statutes reflect a considerable increase of ecclesiastical competence, point to certain principles of Romano-canonical procedure and use Roman law texts when applying provisions of indigenous law. This all may indicate a stronger presence of learned law in late medieval Friesland than previously assumed.

At present the contestation of the Indonesian state’s dispossessory policies regarding land and other natural resources is dominated by a discourse based on adat. This situation is reminiscent of the colonial period, when invoking adat was a relatively effective means of protecting Indonesians from losing their land to plantation companies supported by the Netherlands–Indies government. However, adat lost its traction when Indonesia became independent and the new state started to vigorously pursue nation building and economic expansion. Only after the end of the New Order in 1998 did civil society groups revive the adat defence against dispossession. This article analyses current debates and developments concerning the place of adat in national land law and its potential for protecting communities against dispossession of their land by the Indonesian state. We argue that the promotion of adat has produced few concrete results and that it is unlikely to be more successful for this purpose in the future. Given Indonesia’s current social and political realities, any land rights strategy for protecting people against dispossession that is based on indigeneity is problematic, and alternative approaches are needed.

This article is part of a research project on the transformations that took placebetween 1850 and 1940 in the province of Thessaly, an extensive rural region of the Balkan Peninsula. It focuses on the changes in the economic, social and demographic levels, highlighting the interrelation of these changes in rural Thessaly from the promulgation of the Land Law (1858) under the Ottoman Tanzimat reforms to the annexation of Thessaly and the implementation of extensive land reforms in the 1920s by the Greek state.

The purpose of the article is to conduct a comparative analysis of the legal technique of enshrining the principle of land law in a number of post-Soviet states. The study sources are the Constitutions and Land Codes of the post-Soviet states enshrining the land law principles. The methodological basis of the study consists of the formal-legal analysis (interpretation method) of normative legal acts and the comparative-legal method. The authors consider the land law principles as the initial, basic normatively fixed ideas underlying the legal regulation of land relations. In Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Uzbekistan, and Ukraine, the primary land law principles are enshrined in Constitutions and Land Codes. The minimum number of land law principles enshrined in the Land Codes of post-Soviet states ranges from five to twelve. Simultaneously, in the legislation of any state, there is no exhaustive list of land law principles.

Introduction: Migration, Diasporas and Legal Systems in Europe Rethinking Legal Theory in the Light of South-North Migration Ethnic Diversity and the Delivery of Justice: The Challenge of Plurality The Migration and Settlement of Muslims: The Challenges for European Legal Systems Alternative Dispute Resolution in a Muslim Community: The Shia Imami Ismaili Conciliation and Arbitration Boards New Judicial Developments in EU Citizenship: Solidarity, Security, and Second-class Citizens Discriminatory Denationalisations Based on Ethnic Origin: The Dark Legacy of Ex Art 19 of the Greek Nationality Code The Irish Citizenship Referendum 2004: A Solution in Search of a Problem? Changing Polities and Electoral Rights: Lithuania's Accession to the EU Hidden Purpose: UK Ethnic Minority International Marriages and the Immigration Rules Transnational Mothering, National Immigration Policy and the European Court of Human Rights Entry and Residence of Aliens in the Case Law of the European Court of Human Rights Immigration Policy of the European Union: The Challenges Posed by a Fifth Enlargement An Unhappy Triangle? Labour Migration Spain and Gibraltar from Morocco Impact of the EU Membership Process on the Development of the Turkish Immigration Law Regime EU Law and Policy on Irregular Migration: The Need for Convergence on the Admission of Third-country Nationals for Employment Monitoring the UK Entry Clearance System Arriving Before You Depart: Law and Fiction in Juxtaposed Control Zones Property Law Aspects of Refugee and IDP Returns: Case Studies of Georgia and Kosovo Selling the New Europe: Land Law Reform and Migration Pressures

The article examines the often criticized as a post-Soviet remnant application of land division into categories by purpose. Based on the analysis of the content of the main codified acts of private law and natural resources, it is concluded that the principle of purpose is not the exclusive property of land law, having a deeper universal nature due to its wide application in various versions of current legislation. In the Land Code of Ukraine alone, about 40 percent of the articles are focused on the purpose of land, which makes it a supporting land law institution, the replacement of which will require the simultaneous replacement of all land legislation. Insufficient substantiation of proposals to replace the purpose with planning and zoning of the territory is proved. Key words: purpose of lands, land categories, land planning, land zoning

The interest in the governance of land and other resources in developing countries has intensified over the past two decades in response to the increased pressures registered due to land-based investments. These pressures derived from global interests to remedy the food and energy crisis of the 80s but were also a result of public and private interests at national level involving large extensions of land in different sectors. The manner in which these interests and investments have been addressed, has fuelled concerns both at the national and international levels due to negative social and environmental impacts. In general, land-based investments have failed to respect and protect citizens’ and community rights. Citizens and communities are often marginalized from decision-making processes, loose their land rights permanently or see them substantially restricted in both size and quality, and rarely share any meaningful benefits. This thesis analysed this reality using the Republic of Mozambique as a case study, due to its reputation as a country with a progressive policy and legal framework that balances community and investors’ land rights so that citizens can effectively benefit from land-based investments. While thanks to these provisions the Mozambican 1997 Land Law has been described as one of the best in Africa, based on the research findings, the main conclusion of this thesis is that there are good elements in the Mozambican legal framework for participatory and inclusive land governance but in practice community rights protection, participation and benefit sharing do not actually materialize and, so far, neither procedural nor distributive justice objectives have been achieved.

The Vietnamese Mekong Delta (VMD) is one of the most examined deltas in the world given its dynamics, complexity, and vulnerability. In the past decades, the VMD has changed rapidly, especially the land use in relation with the socioeconomic development. National policy has profoundly influenced these changes and the changes have significantly affected local livelihoods. However, these changes are not well reported systematically. In this study, we investigate land-use changes based on institutional analyses across multiple scales, that is, from national, provincial, to local livelihood based on institutional and sustainability analysis. The results show a strong relationship between legal settings over the last 30 years on land use and livelihood transitions. In addition, the constraints of implementing national legal frameworks at provincial level in practice were identified including effects to local livelihoods. We offer some recommendations for sustainable livelihoods in the VMD, with a focus on increasing socioecological resilience.

Land means those parts of the surface of the earth that are capable in law of being owned and are within the court jurisdiction. Generally, ownership of the lands includer the airspace above it and the subsoil below (a coelo usque and centrum; from the heaven to the centre of the earth). For the purposes of the land law, Land Act(Act no. 4 of 1999) defines land as including mines, and minerals(whether or not owned seperately from the surface), buildings, and most interest in land. Chattels fixed to the land so that they become part of it are also treated in law as land, under the maxim quicquid plantatur solo, solo

The paper aims to explore the process of land conversion for tourism development in Vietnam, under the present ambiguous and insecure property rights system. Four case studies in different geographical areas were selected to analyse land conversion and land compensation for tourism projects before and after the implementation of the new land law in 2013. The findings of this study show that, in the present legal system of land and property rights, the rights of local people are not sufficiently guaranteed due to the decisive role of the State not only in defining compensation prices for land in the case of compulsory land acquisition but also in determining whether tourism projects are in the public&rsquo, s interest or not (thus deciding the appropriate land conversion approach as well as affecting price negotiations). The research also found that, although a voluntary land conversion approach (when the project is not in the public&rsquo, s interest), based on the 2013 Land Law, offers land users a better negotiation position and a higher compensation payment, possibly reducing land-related conflicts between the State and land users, ambiguity over property rights in fact increased due to the government&rsquo, s substantial discretion to choose between &lsquo, public purpose&rsquo, and &lsquo, economic purpose.&rsquo, The paper concludes with questioning whether the present legal basis for compulsory land acquisition is future proof since urbanisation pressure is likely to increase, which may lead to even more land conflicts in the near future.

The land is one of the most coveted assets in India, which also makes it the most disputed. And fragmented laws and lack of awareness of existing regulations do not help in any way. In the context of land law, the states have their own unique set of laws pertaining to the acquisition, possession, and sale of land. The land has an interesting history in India. Beginning with purely commercial interests, India’s land laws have evolved over time, albeit slowly, to include the interests of individual owners. But we still have a ways to go. It was in 1894, that the first Land Acquisition Act enacted by the British Government of India, which forms the basis for all land laws today came into being. It applied to all states in India except for Mysore, Hyderabad, and Travancore, the princely states that had the right to exercise their own land laws. In 1947, India adopted the Land Acquisition Act and enforced it across “all the provinces of India” without exception. After languishing in the Parliament for many years, passing through multiple referrals and calls for amendments, the Land Acquisition Rehabilitation and Resettlement Bill, (LARR) 2011 was introduced again by the UPA government. In 2013, it was passed and became effective from 2014. The bill focused on bringing in more transparency by underlining the rights of the people who stood to lose land during the process of acquisition.

Land acquisition is an activity to provide land for development in the public interest. The implementation of land acquisition is carried out based on Law Number 2 of 2012 concerning the Procurement of Land for Development in the Public Interest and related provisions governing it. This law was made to improve the welfare and prosperity of the nation, the State and society still guarantee the legal interests of the Entitled Party. The regulation of land acquisition in the law is correct but in terms of substance, this strategic and broad-impact law leaves a few records. So this Law which was passed on January 14, 2012 also cannot guarantee the acquisition of land for development. According to the conception of national land law, in principle land acquisition / land acquisition is carried out by means of deliberations between government agencies that require land with entitled parties, in terms of determining the location, form and / or amount of compensation. But there are times when deliberation is not reached or fails.DOI: https://doi.org/10.26905/idjch.v9i2.2770

The study identifies and analyzes factors causing women to procure fewer land titles than men in Cameroon. It employs a qualitative approach, and an analytical framework grounded in feminist thought. The identified factors are analyzed under five broad categories as follows: institutional impediments, indigenous culture, received culture, productive and reproductive roles of women, and economic constraints. The analysis ends with a number of policy recommendations prominent among which are the following: drastically reducing the cost, number of agencies and steps involved in the land title application process; employing informal channels of communication to disseminate information on land; and maintaining office hours that take into account the tight schedules of women. The study holds lessons for land reform initiatives not only in Cameroon but other developing countries in general.

Studi ini bertujuan untuk menganalisis kepemilikan dan pengolahan tanah dan memahami rasa keadilan bagi masyarakat adat dari perspektif Hukum Tanah Adat. Kajian ini menggunakan pendekatan konseptual dalam memahami realitas yang dikaji. Dalam konsep ilmu hukum adat mengenai tanah adalah komunalistik religious, yang memandang bahwa masyarakat Indonesia selalu mengutamakan dan mendahulukan kepentingan masyarakat. Hasil kajian menunjukkan bahwa (1) eksistensi tanah ulayat diakui dalam ketentuan beberapa peraturan perundangan sepanjang eksistensinya masih ada; (2) lembaga adat dapat memberikan rekomendasi atas tanah untuk setiap pengolaan tanah agar keberadaan dan perlindungan terhadap hak ulayat dan masyarakat hukum adat dapat memberikan keadilan, kepastian hukum, perlindungan hukum bagi masyarakat adat dengan dibuat peraturan khusus bagi keperluan masyarakat daerah tersebut dalam penyelesaian sengketa tanah ulayat dengan demikian dapat mengakomodasi keanekaragaman ketentuan hukum adat setempat yang merupakan bagian hukum tanah nasional. Studi ini merekomendasikan bahwa peran pemerintah daerah adalah sebagai fasilitator dan koordinator pembuat kebijakan, berkenaan dengan keberadaan tanah masyarakat, dengan prinsip penghormatan terhadap hak asasi manusia dan prinsip-prinsip hukum negara.

This article examines the viability and utility of introducing a statutory power in Scotland enabling its environmental regulators to take a first-ranking charge over land. It would facilitate recovery of costs incurred in undertaking the unfulfilled environmental obligations of a recalcitrant or financially distressed operator. Such a charge has been characterised as contrary to Scots land law. The article makes two original contributions, the latter of which is pertinent to other jurisdictions considering implementing such a charge. First, Scots land law is found to be receptive to such a charge provided there is appropriate publicity and its priority as compared to other charges created in favour of third parties at an earlier date is expressly stated in statute. Secondly, with the policy rationales for the 'polluter-pays' principle of European Union environmental law used as a frame through which to understand the multi-faceted functions of corporate environmental liability, such a charge is shown to play an important role in facilitating these. Recommendations are made for its implementation in statute.

Land ownership and property registration played a special role in Italian colonialism, in which public and private interests mingled amidst the ambitions of colonising and economic exploitation. Th...

Land registration and titling in Africa is often advocated as a pro-poor legal empowerment strategy. Advocates have put forth different visions of the substantive goals this is to achieve. Some see registration and titling as a way to protect smallholders’ rights of access to land. Others frame land registration as part of community-protection or ethno-justice agendas. Still others see legal empowerment in the market-enhancing commodification of property rights. This paper contrasts these different visions, showing that each entails tensions and trade-offs. The analysis helps explain why land law reforms aiming at legal empowerment may be controversial or divisive in African countries.

This article reviews the introduction of the 2015 Law on Associations and Non-governmental Organisations in Cambodia (“NGO Law”) from 2011–17 and explores its connection to the rule of law. After outlining the content, definitions and regulatory environment related to the NGO Law, it provides a commentary on its initial application, and examines its potential articulation with other legislation (such as defamation and libel, telecommunications law and land law). I argue that the NGO Law should be characterised as a carefully crafted piece of legislation, developed and defended over time by the ruling political party to increase control and intimidation by invoking adherence to the “rule of law”. Narratives of national security, terrorism, neutrality and cultural cohesion have been interwoven with new regulatory requirements to obfuscate overt political interference. The article argues that the NGO Law intersects with, and consolidates, the recent trend of the government’s use of legislation as a political tool to control and manipulate political opponents and government critics. This is not to deny that there are areas of civil society action and service provision that require greater government control via regulatory compliance. Nevertheless, the state’s attempts to tighten civil space are being met with resistance and “work around” strategies from the plethora of diverse organisations functioning in Cambodia.

This article examines the emergence of Jamshedpur, site of India's first steel plant and privately governed company town, as part of an unprecedented large-scale extraction of mineral resources at the turn of the twentieth century for the purpose of industrial development. It traces the protracted acquisition of land and dispossession of mainlyadivasi(tribal) cultivators by the Tata Iron and Steel Company (TISCO) from ca. 1900 to 1930. The company pursued a distinct strategy of obtaining short-term leases from princely states andzamindars(landowners), while simultaneously appealing to the legal apparatus of the colonial state to secure absolute tenurial rights. The uneven application of laws such as the Land Acquisition Act (1894) and the Chota Nagpur Tenancy Act (1908) allowed TISCO to become a quasi-sovereign power in eastern India, simultaneously acting as employer, landlord, and municipal government. Jamshedpur's continually anomalous legal status underlies the persistence of multiple, fragmented, and competing sovereignties in India, even as an ostensibly unified national economic state space emerged by the time of independence in 1947. More broadly, it suggests that the contours of the relationship between states and corporations, particularly in a postcolonial context, are determined both by preexisting political geographies and contingent legal struggles.

This article examines the role of property ideologies, and the local contexts in which they were articulated and applied, in shaping English and Irish land law. Despite their shared histories and influences – from the transplant of the common law system to Ireland to traditions of training Irish lawyers and judges in English universities – the politics of property led Irish and English land law down distinct, and sometimes oppositional, ideological paths in the twentieth century. The politics and practices of land tenure, competing economic and property ideologies, and their direct links to the evolution of national identity and statehood in each jurisdiction, shaped the foundational commitments of English and Irish land law. The article traces the complexities of lived experience in regulating the use and ownership of land, as well as the role of global and local forces – from world-system movements (for example, the influence of European political developments in 1937 on the Irish Constitution) or bi-lateral relationships (for example, the impact of the Irish land wars on the English land reform movement, or the ongoing trade dependency between Britain and Ireland into the twentieth century). Our analysis reveals the multiple competing, and at times overlapping, property ideologies that shape property systems; and the powerful role of events and externalities in contextualising the practical, political, social and symbolic meaning and content of the law as it has evolved in local contexts, and in determining whether, and when, the status quo prevails, or a tipping point for law reform is reached.