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Issueslegal pluralismLandLibrary Resource
There are 65 content items of different types and languages related to legal pluralism on the Land Portal.
Displaying 13 - 24 of 46

Critical Analysis of the Land Laws- A study

Reports & Research
August, 2004
Tanzania

The task at hand entails the critical review of the Land Laws of Tanzania, chiefly Act No.4 and Act No.5, 1999 and their subsequent revisions. This could not be done out of context, or by confining oneself solely to the statutes. It was pertinent to review the factors and processes that informed the legislation. Towards this end, an extensive literature review on various aspects related to land reforms in Tanzania was done.


The voracious appetites of public versus private property: a view of intellectual property and biodiversity from legal pluralism

Policy Papers & Briefs
June, 2005
India

In an opening vignette to an otherwise insightful article, Carol M. Rose (2003) comparespeople who hold intellectual property rights to poor villagers in India. They put effort and timeinto developing small but productive properties, only to have the wild tiger or rogue elephant ofthe public domain trample them or eat them up. In extreme cases, IP "villages" are abandonedand left to "the jungle" of public property.

Justice

Reports & Research
Policy Papers & Briefs
November, 2010

There is broad recognition, across the political spectrum and in both 'northern' and 'southern' countries, that justice reform, and more generally the promotion of the 'rule of law', are central to development policy, particularly in conflict-affected, fragile and violent contexts. More recently an increased focus on global security and the interaction between security and development as put a renewed emphasis on such efforts.

LAND ACQUISITION AND DEVELOPMENT INDUCED DISPLACEMENT: INDIA AND INTERNATIONAL LEGAL FRAMEWORK

Reports & Research
November, 2016
India

This paper will critically examine the inter relation between land acquisition, development and displacement. In addition, this paper analyses the rights of displaced under Indian and international laws with special reference to recent states different legislation on land acquisition. The present paper also try to consider the impact on land acquisition on displaced people and identifies loopholes in the existing legal framework and propose certain measure for bringing real development in to the life of displaced people.

Our Customary Lands - Community-Based Sustainable Natural Resource Management in Burma

Policy Papers & Briefs
July, 2016
Myanmar

Executive summary:
"In January 2016 the government adopted a National Land Use Policy, which included the recognition
of customary land management practices. While this is a welcome first step in the necessary
integration of Burma’s customary land management systems with the national-level system,
there is an urgent need for constitutional reform and devolution of land management powers
prior to any such integration.
This report by the Ethnic Community Development Forum (ECDF) presents how Burma’s diverse

Land Tenure: Burma - Chapter VII of "The Economics of the Central Chin Tribes"

Reports & Research
November, 1942
Myanmar

CHAPTER VII. Land Tenure:
"Salient differences between tenures in autocratic and democratic
groups rights and claims in autocratic group of chief, headman,
specialists, the whole community, the individual resident
and the individual cultivator the principles governing these rights
and claims the rights and principles of tenure in democratic group
land tenure in practice the "bul ram" individual tenure and its effects
communal land possible solutions to land problems".

Caught between Customary and State Law: Women’s Land Rights in Uganda in the Context of Increasing Privatization of Land Tenure Systems

Reports & Research
May, 2012
Uganda
Africa

Includes women’s land rights and tenure security in a context of legal pluralism and land tenure privatization; competing legal systems and land rights protection on the ground � what is going wrong? Argues that in a context of increasing land scarcity, high population pressure and progressing land tenure privatization, men are increasingly taking advantage of their superior position within the patrilineal tenure system, advancing their own interests at the expense of weaker family members, first and foremost the women in the family.

Breathing Life into Dead Theories about Property Rights: de Soto and Land Relations in Rural Africa

Reports & Research
October, 2006
Africa

Argues that there are 5 shortcomings in both the old (World Bank) and contemporary (Hernando de Soto) arguments for formalisation of land title. First, legality is constructed narrowly to mean only formal legality. Therefore legal pluralism is equated with extra-legality. Second, there is an underlying social-evolutionist bias that presumes inevitability of the transition to private (conflated with individual) ownership as the destiny of all societies. Third, the presumed link between formal title and access to credit facilities has not been borne out by empirical evidence.

Uncharted territory: Land, conflict and humanitarian action: report of a conference

Reports & Research
February, 2008
Africa

Summarises the main presentations by Alex de Waal, John Unruh, Liz Alden Wily and Chris Huggins and responses by discussants based on these broad topics: why humanitarian organisations need to tackle land issues; legal pluralisms in humanitarian approaches; land in emergency to development transitions: who does what?; land in return, reintegration and recovery processes; transitional programming; protection and legal aid.

Gender and Property Rights within Postconflict Situations

Reports & Research
April, 2005
Africa

Includes land rights in gender equity; issues in gaining access to land property – acquiring land rights from the state and through inheritance and the market, legal pluralism, population displacement; three postconflict studies (Rwanda, Guatemala, Afghanistan); conclusions and recommendations – legislation and policy, programme implementation, overcoming patriarchal norms, the cost of speaking out, gender sensitivity training and legal assistance, information on gender impact.

Contestations over indigenous participation in Bolivia’s extractive industry: ideology, practices, and legal norms

December, 2013
Bolivia

The participatory rights of indigenous peoples have been at the center of conflicts over resource extraction, which have recently increased in number and intensity across Latin America. Using comprehensive empirical data about the Guaraníes’ participation in Bolivia’s gas sector, this study finds that competing claims regarding territory, property, participation, and decision making provide important explanations for contestations over consultation practices and legal norms in the country.

It argues that the main conflicts can be explained by:

Informal land delivery processes in African cities

December, 2004
Kenya
Nigeria
Botswana
Zambia
Lesotho
Uganda
Sub-Saharan Africa

Informal systems for land delivery, which have in many cases evolved from earlier customary practices, still account for over half the land supplied for housing in African cities and are a particularly important channel for the poor. This study examines how informal systems of housing land delivery operate in six African cities discussing how they are evolving and how they interact with formal land administration systems.