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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]

Equalization of land rights is a noble goal for societies to pursue. The reform of farmland to the tiller has significantly transformed Taiwan's agricultural economy and paved the way for rapid industrialization. Nevertheless, market-led equalization of urban land rights may result in unfavorable effects that prevent scarce urban land resources from optimal utilization. The research of Wanhua Railway Station redevelopment zone has discovered the phenomenon of the double-tragedy of the commons and anti-commons. Fragmented land rights hamper redevelopment efforts and induce illegal construction instead. Double-tragedy leads to social segregation that amplifies inequality between urban neighborhoods. [ABSTRACT FROM AUTHOR]

ABSTRACT The expansion of mining in Ecuador has stirred resistance among some Indigenous peasant communities in the name of territorial rights; others have offered their land and labour to mining companies. In this and similar land grab contexts, Indigenous peasant communities are often broadly represented as natural resisters or as corrupted collaborators, which, we argue, does not account for how peasants with territorial and/or land rights weigh their options. In Napo province, we examine how peasants have adjudicated contradictory socioeconomic pressures and, in turn, opted to work with miners. We highlight the methodological and political implications of centering how local ‘participants’ in land grabs experience untenable choices or ‘double binds’ to understand the efficacy of land grabs and the obstacles to resistance. [ABSTRACT FROM AUTHOR]

One of the challenges during the democratic transition from the New Order regime to the Reformasi era was advancing the idea of an agrarian transition to reconcile structural inequalities regarding land ownership. However, this transition was unfortunately not accompanied by a rearrangement of land ownership to allow the practice of land-grabbing inherited from the New Order regime to persist in contemporary Indonesia. This article examines the reasons behind the failure of the agrarian transition in Indonesia, by focusing on case studies in Tegalrejo Village, Malang Regency and the Pamona indigenous peoples, Poso Regency. We argue that the modus operandi of land-grabbing practices is highly dependent on state power and weak protection of communal land rights. By explaining these two factors, this article provides recommendations to strengthen the community's position in dealing with land-grabbing practices by limiting the power of the state and encouraging land reform aimed at securing community land rights. [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.

Motivation: Men farmers typically achieve higher productivity than women farmers, a gender gap that reflects women's disadvantages in farming. Sri Lanka seems an exception, because women farmers achieve higher land productivity (gross value of output per hectare) than men farmers. That said, despite women's productivity advantage, men earn higher agricultural incomes. Purpose: We investigate the factors contributing to the unconditional agricultural productivity advantage of women farmers and the gender gap in agricultural earnings in favour of men in Sri Lanka. Approach and methods: Using data from the nationally representative 2016 Sri Lanka Household Income and Expenditure Survey, we employ Oaxaca‐Blinder decomposition to analyse factors behind the gender disparities in agricultural productivity and earnings. Findings: The leading factor contributing to higher female land productivity is the smaller plot size cultivated by women, reflecting an inverse relation between cultivated area and yield. The next most important factor is the gendered pattern of crop mix: women tend to cultivate high‐value export crops such as tea, while men are more likely to grow paddy — a less productive crop. When plot size and crop mix are controlled, men farmers achieve a conditional productivity advantage over women farmers. For crop earnings, men have both unconditional and conditional advantages, mainly due to their greater access to land and other inputs. While women's small plots have high yields, their size limits women's farm incomes. Policy implications: Policies to improve women's lagging access to land, inputs and other agricultural resources — often due to inherent gender bias — are needed to close the gender gap in agricultural income. Government policies favouring import‐competing commodities such as paddy, mainly through fertilizer subsidies, tend to benefit disproportionately men who are more likely to engage in paddy farming. Reallocating public spending on agriculture could enhance both efficiency and gender equality. [ABSTRACT FROM AUTHOR]

The purpose of this study is to explore legal certainty and effectiveness from the perspective of progressive law in dealing with social, economic, and cultural dynamics that exist in rural communities related to the use of receipts as proof of land ownership. The case study approach was carried out on the people of Genteng Village who mostly carried out land purchase and sale transactions, both certified and uncertified, only proven by a receipt without any AJB, let alone a name change. The qualitative analysis process is carried out qualitatively in three main stages. The results of the research show that the law should be seen as a means to protect and promote human rights as well as social welfare. The existence of informal evidence such as sale receipts creates significant legal uncertainty for the people in Genteng village. For stakeholders, namely village officials, and the government should be more aggressive in providing counseling and assistance to make the PTSL program a success. Further research could also focus on developing innovative legal and procedural frameworks that simplify land registration while addressing cultural and socioeconomic barriers to formalizing land ownership, which could provide valuable insights for policymakers aiming to strengthen land rights and reduce legal uncertainties in informal transactions. [ABSTRACT FROM AUTHOR]

This article addresses the question of how the recent political context of Brazil shapes violations of various kinds against Quilombola communities in Brazil. Using data from online news sources, we track violations from 2016 to 2020 related to land disputes, physical attacks and threats, and environmental issues. We show that, despite the legal rights accorded to these communities since the 1988 constitutional reform and subsequent processes of democratisation, vested interests in the agricultural lobby and a later authoritarian turn, especially after 2016, led to a dismantling of social and economic policies for Quilombos. The violations suffered by these communities result from the denial of their collective identities as constitutional subjects and the non-recognition of their dignity, which are the product of historical processes of inferiorisation that have treated some people as non-subjects or not eligible to bear rights, based on colonial classifications but still present in the dominant society. [ABSTRACT FROM AUTHOR]

The potential of land to foster peace, stability, and socioeconomic development makes "good" land governance a pathway through which cities can attain sustainable development. However, for land governance to achieve most of its objectives, it has to meet the demands of vulnerable populations, particularly women, since they also need to meet their housing needs. By employing importance-performance analysis (IPA), this study examines the importance of land governance attributes to women in the Ibadan urban periphery, as well as the corresponding performance of the attributes. One hundred and eight seven questionnaires, randomly administered to women across neighbourhoods in the sampled peripheries, were recovered for analysis. Results revealed that performance was unsatisfactory and inconsistent with their expectations. In particular, attributes under transparency, equity, and corruption resistance in land administration, though highly important, significantly underperformed. These attributes were recommended as areas to prioritise to protect women's interests and, by extension, promote gender equality in the urban periphery of Ibadan. [ABSTRACT FROM AUTHOR]

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 Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher 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.

This article traces (dis)continuities in colonial logics across disjunctures of decolonisation and democratisation through a large infrastructure project in contemporary Lahore, Pakistan. Analysing Lahore's Orange Line Metro Train, a project constructed under China Pakistan Economic Corridor (CPEC), the article shows how colonial extractive and racial logics can limit the redistributive potential of typically inclusive infrastructures like mass transit by continuing to shape the conditions of their development and (re)producing precarious configurations of citizenship in the postcolony. It finds that Pakistan's colonial-era land acquisition law erased a range of land relations and rights from recognition and thus compensation by the state. In an instance of informal policy making, the state eventually created an ad hoc 'grant-in-aid' scheme to compensate landowners in informal settlements. However, the scheme continued the property centric politics of recognition embedded in the expropriation law by only compensating people with long-term land claims. The public script of the scheme invoked welfare obligations of the state but structured these through moral-legal norms of property. The postcolonial state thus bypassed the transition from colonial subjects to citizens and instead repositioned people as humanitarian subjects. The article thus highlights the contradictions of developing subsidized public infrastructure in postcolonial cities, where construction becomes another conduit of imposing land commodification and disciplining pro-poor self-built neighbourhoods that have escaped the rigidity of private property. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Development Studies is the property of Routledge 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.)

Apart from being a natural resource, land is also an asset or investment material. This urgent land need really requires authentic evidence, namely land certificates, as strong evidence to prevent disputes. As time goes by, manual land certificates will be changed to electronic land certificates. The formulation of the problem in this paper is the legal certainty of electronic land certificates as proof of ownership of land rights in Indonesia. The type of research used is juridical-normative, using a statutory approach ( statute approach ). The results of this research are that an electronic land certificate will be issued if the applicant requests to replace the manual land certificate with an electronic land certificate, and its implementation must continue to be socialized so that more parties know about it and the security of the data in the certificate can be maintained. [ABSTRACT FROM AUTHOR]

Over the last two decades, the biofuel boom for climate mitigation, energy security, and socio-economic development has triggered large-scale land acquisitions (LSLAs) and land grabbing in Sub-Saharan Africa (SSA). However, several of these LSLAs and land grab deals have failed, leading to large-scale land abandonments. In rural SSA, land is a primary asset for climate change adaptation because it enables income and livelihood generation thereby improving adaptive capacity. However, land abandonment raises critical issues for climate adaptation. Drawing on empirical data from household surveys and interviews, this paper explores the implications of land abandonment on local adaptation and ecological restoration in Ghana. It was found that land abandonment can positively influence climate mitigation through ecological restoration for carbon sequestration, and negatively influence adaptation through loss of employment and income by lowering the adaptive capacities of households. These mechanisms are embedded in broader socio-economic and political processes that can be addressed through policy instruments securing land rights to boost adaptive capacity for climate adaptation after land abandonment. [ABSTRACT FROM AUTHOR]

Housing programs in India have rarely engaged with slum communities to understand slum-dwellers' housing needs and preferences as the tools to systematically understand them are lacking. Consequently, the programs are often designed and implemented without the slum community's participation. This paper demonstrates the usefulness of inviting slum residents to understand housing problems from their perspective by using in-depth interviews and focus group discussions in two slums of Odisha, India. We compare their priorities with the provisions of slum policies such as the Odisha Land Rights to Slum Dwellers Act 2017 to highlight that housing needs and challenges in slums are diverse, and preferences are often incremental that the current program has failed to recognize. We use problem structuring methods from decision sciences as our analytical framework that treats the slum residents as experts. Such an approach can potentially transform how we design housing programs and policies in the developing world. [ABSTRACT FROM AUTHOR]

For centuries, tribal communities in India have maintained distinct social and cultural identities, often with communal land ownership practices that were inclusive of women. The struggle of tribal women in India for land rights is a poignant manifestation of their fight against intersecting forms of oppression rooted in patriarchy, traditional power structures, and historical marginalisation. Given the existing background, this article discusses the intersection of property rights and gender relations in India, making a case for independent property rights for tribal women. It analyses the role of customary laws of inheritance in a legal pluralistic India and its conflict with positive law. The article also focuses on the role of the Indian judiciary in remedying the systemic discrimination against tribal women in India. It analyses the approach of the Indian courts in maintaining a balance between the autonomy granted to the tribes by the Indian Constitution and ensuring justice to women who are victims of such self-governance. [ABSTRACT FROM AUTHOR]

Copyright of Revista Chilena de Derecho is the property of Revista Chilena de Derecho 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 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]

Indonesia, an archipelagic nation with a tropical climate, fertile soil, and abundant natural resources, primarily supports its population through agriculture. Most people make their living as farmers, heavily reliant on the land. Because of its importance, there is a constant effort to own and control land. Land represents the earth's surface and is often defined by property boundaries. Its significance necessitates state regulations for land rights control. This study uses a normative and empirical juridical approach, collecting data through library research, observations, and interviews, followed by qualitative analysis. The findings reveal that land grabbing occurs mainly due to the absence of a Certificate of Ownership (SHM), with transactions based solely on a sale and purchase certificate lacking a receipt. Factors contributing to land grabbing include landowners' lack of awareness about their assets, victims' unawareness of land ownership, family members selling or giving away land without the victims' knowledge, and rising land prices driving people to seek land for farming. In case number 1/Pdt.G/2023/PN Mgl, the judge accepted the Plaintiff's lawsuit against the Defendant for unlawful acts. The trial demonstrated that the Defendant could not prove his claim of purchasing land from Helmi Majid. The Defendant failed to provide documentary evidence, and witness statements did not support his argument. After careful examination of the actions, events, evidence, and legal facts, the Panel of Judges found the Defendant had clearly violated Article 1365 of the Civil Code regarding Unlawful Acts. Consequently, the Panel of Judges rejected all of the Defendant's objections and granted part of the Plaintiff's claim. [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 so-called 'green shift' poses dilemmas in developing sustainable sources of energy while ensuring the respect and protection of the rights of affected communities. The article seeks to advance understanding of how prevailing conceptualisations of Sustainable Development – as formulated in the 2030 Agenda for Sustainable Development – are constructed and adopted at different scales and are implicated in and shape struggles over land and environmental conflicts. The exceptional geographical conditions for wind energy production in the region of the Isthmus of Tehuantepec in the southern Mexican state of Oaxaca have led to significant investments in wind energy projects. In Unión Hidalgo, two projects are already in operation, the focus here. A content analysis was carried out of 36 documents published by three key actors involved (local defenders, companies, and the government at the state and federal levels). The results are then triangulated with insights from semi-structured interviews with local environmental defenders. The article shows how rights-based dimensions are perceived in a highly variable way and power relations unfold in discursive practices. That the project was eventually stopped, does, however, suggest the polyvalence of human rights, but that they are highly contingent – in this case, critically, part of social mobilisation, domestic litigation, and extra-territorial obligations of a company headquartered in France, all of which appear to rebalance power asymmetries uncovered in the analysis here. [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]

This paper argues that for any community transformation to be achieved, cultural values and legal frameworks, which influence issues relating to land rights and food security, must form an integral part of any policy intervention efforts. We adopted feminism as both a methodological and an analytical framework. The dominant research paradigm was qualitative. The study sample was 184 people obtained using a systematic sampling method. Data collection was through focus groups and interviews. We challenge contemporary development initiatives, in terms of their intentions and sustainability. Finally, it is important that any development initiatives facilitate the participation and involvement of all genders. [ABSTRACT FROM AUTHOR]

This article aims to extend and deepen our understanding of how emotions figure in experiences of major nature-society disruptions or "rupture." Cambodia's Lower Sesan 2 hydropower dam is an example of rupture, which refers to dramatic, adverse, and disruptive episodes that ripple across scale. Against a historical backdrop of land enclosures and dispossession, the dam sparked significant community and civil society resistance. This emotionally charged campaign emphasized that the dam and associated resettlement would erase the impacted communities' deep customary relationships to the area. Although some community members ultimately refused the resettlement package and moved to customary lands near their flooded village, the majority accepted resettlement. We explore the emotional dimensions of these communities' experiences, finding that rupture is an inherently emotional process, within layered historical processes of change and violence. The intense emotions that such processes evoke can spark action within the "open moment" (Lund, 2016) that episodes of rupture create; yet the outcomes are highly unpredictable within the asymmetrical political and economic settings that underpin nature-society rupture. [ABSTRACT FROM AUTHOR]

An application for a replacement certificate can only be made by the party whose name appears as the right holder in the land book at the local land office. An application for a replacement certificate cannot be made if the name of the party is different from the name of the right holder in the land book. If the right holder listed in the land book has died, the application can be made by his heirs. The application must be accompanied by valid supporting documents, such as a Certificate of Death from the right holder and a Certificate of Heirs and Heirs. The formulation of the problem in this research is How is the Procedure for the Implementation of the Issuance of Land Rights Substitute Certificates at the Medan City Land Office. How are the obstacles and efforts faced by the Medan City Land Office in the Implementation of the Issuance of Replacement Certificates of Land Rights that are lost. The type of research used in this research is juridical-empirical. Juridical-empirical research is legal research on the enactment or implementation of normative legal provisions directly on each specific legal event that occurs in society. An application for a replacement certificate due to loss can only be submitted by the party whose name is listed as the right holder in the relevant land book or another party who is the recipient of the right based on a PPAT deed or an excerpt of minutes of auction, deed, letter and power of attorney. If the right holder or beneficiary has died, an application for a replacement certificate can be submitted by his heirs by submitting a letter of proof as an heir. [ABSTRACT FROM AUTHOR]

This research was carried out to determine and analyze legal protection for buyers in good faith in resolving land rights disputes. To achieve the research objectives, a document study has been carried out on the Decision of the Makassar District Court Number: 318/Pdt.G/BTH/2014, with three approaches, namely the conceptual approach, legislation and legal objectives. The research results show that in his legal considerations the judge stated that if the land sale and purchase transaction does not fulfill the "halal cause" element in accordance with the provisions of Article 1320 paragraph (4) of the Civil Code, then the buyer cannot be categorized as a buyer in good faith and therefore does not receive legal protection. The judge's consideration was seen as wrong because it did not take into account the element of the buyer's ignorance of the existence of hidden defects in the object of sale and purchase, that the object of sale and purchase was in the status of "dispute and court confiscation". [ABSTRACT FROM AUTHOR]

This article focuses on land rights as a key aspect of non-territorial (cultural) autonomy, using, as a case study, a comparative analysis of the experiences of Sami people in Finland, Norway and Sweden. First, the concept of cultural autonomy is clarified, taking into account current debates on the subject. Next, the relationship between culture, indigenous peoples and autonomy is examined; and also, indigenous peoples' land rights are evaluated in light of their dependence on the environment and natural resources to protect their culture. Then, a case study is provided on Sami people with a comparative analysis of the situation in Norway, Finland and Sweden. Finally, the article discusses potential ways to promote Sami land rights under cultural autonomy in response to the challenges emerging in practice. [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]

Land use changes from forest to non-forest typically precede or follow human expansion in areas with forests. As the granting of legal land ownership is not allowed in forest areas, this raised issues about the justice of land access for people living in forest areas. This essay aims to investigate the procedure for enhancing community-owned and used forest areas' land ownership rights. The research was conducted in two villages in Bengkayang Regency, West Kalimantan, utilizing content analysis to discern community land use variations in forest areas. These variations may inform the allocation of land rights to the community and considerations related to forest area release to the community. The findings reveal that the complexity of land use and ownership in forest areas has given rise to conflict and disturbances, which are exacerbated by a lack of clarity in land administration and the legal system. In an effort to address this issue, the government has promulgated Presidential Regulation 88 of 2017 to govern the establishment of a Team for the Acceleration of Settlement of Land Tenure in Forest Areas (PPTKH), and Presidential Regulation 62 of 2023 to expedite the implementation of agrarian reform. However, this program faces various challenges, both from a juridical, geographical, socio-economic, and institutional perspective. One solution that can be implemented is to provide land ownership rights in forest areas, including land suitable for agriculture, residential areas, fishponds, social facilities, and farming on dry land. The use of these lands can be used as a basis for granting land ownership rights to the community. [ABSTRACT FROM AUTHOR]

The Bajo Tribe is a traditional society living in coastal areas of Indonesia in East Kalimantan, South Kalimantan, South Sulawesi, Southeast Sulawesi, West Nusa Tenggara, East Nusa Tenggara. For centuries, they existed as marine nomads, but more recently have established permanent settlements in coastal areas which often protrude into the sea. The Indonesian constitution guarantees the rights of each citizen to have a place of residence. As the form of legal certainty, the national government issues deeds, which guarantees rights over land to the people of the Bajo Tribe in the form of the Building Use Rights. This research is a legal research under normative juridical methods regarding the approach of laws and regulations (statute approach). Research results demonstrate that any rights over land granted in coastal areas do not conform to Law Number 5 of 1960 regarding the Basic Agrarian Law (hereinafter called UUPA) as the legal grounds of national land. Regulations on land ownership and usage after Law Number 11 of 2020 regarding the Omnibus Law cause legal uncertainty, as they do not conform to previous concepts and principles contained in UUPA. Overlapping land regulations in Indonesia require the state to harmonize and synchronize conflicts. Consequently, land rights cannot be granted for coastal areas for people such as the Bajo Tribe who may have occupied them for generations. A more appropriate settlement is to use utilization permits with certain criteria. Settlements constructed by the Bajo people in the coastal areas must take into account zoning and marine spatial plans. These plans should prioritize ecosystem balance and address the management of waste generated by these settlements Coastal areas are shared resources and can be used by anyone through the principles of common property and open access. [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.