Land rights as an engine of growth? An analysis of Cambodian land grabs in the context of development theory

Forceful evictions have become a serious problem in Cambodia with an increasing number of families being deprived of their land, homes and livelihoods without compensation. This article analyses Cambodian land rights in the context of economic development theory. It assesses whether increasing economic inequalities, stemming from forceful evictions, can be categorized as an impediment to Cambodian economic growth. The Cambodian case illustrates that a lack of good governance due to corruption leads to the unequal distribution of land which, in turn, causes inequitable economic development. The paper concludes that Cambodia is trapped in a vicious cycle of inequality, which is upheld by elites who benefit from evictions and land concessions while evictees become trapped in poverty. Given that the population is growing angrier, the article warns of potential for a violent revolution that could have disastrous consequences for the Cambodian kingdom, a country that recently emerged from years of civil conflicts and is still in the process of rebuilding its social fabric.     

Securing rural land transactions in Africa. An Ivorian perspective

A good deal of research has highlighted the surge and development of rural land sales and tenancy contracts in West Africa. However, the commoditization of land, especially through sales, does not appear to be obvious, as land transactions appear to be a major source of tenure insecurity and land conflicts. This issue is linked with the broader issue of identification and recognition of both the land rights that are being transferred and people holding them. This article deals with tensions and conflicts in land transactions in Côte d’Ivoire and discusses how these transactions might be secured in a context where most transactions occur outside the legal framework. The 1998 Law aims to organise a rapid transition towards private property rights through a nationwide certification and titling program. Due to the socio-political situation, it was only in 2010 that the first certificates were issued and even independently of current political turmoil, there are grounds for doubting the effective implementation of the law. The objective of this article is to consider the issue of securing land transactions in the pre-certification/titling context, drawing from the author's intensive field research on land transactions in Côte d’Ivoire. A first section describes the main types of rural land transactions in Côte d’Ivoire. The second section outlines the sources of tensions and conflicts arising from these transactions. The third section assesses the practices that have emerged spontaneously in rural areas to secure transactions. The fourth section considers the needs and conditions for a public intervention regarding the security of land transactions.     

Local support among arctic residents to a land tenure reform in Finnmark,Norway

Claims for indigenous rights to land and resources are influencing land use policies worldwide. The public’s support for such land tenure arrangements has rarely been investigated. We present a unique case from the Norwegian Arctic, where land claims made by the indigenous Sami people have resulted in the transfer of land tenure and resource management from the government to the residents of Finnmark in 2005. Based on indigenous land claims, a management agency was established, the Finnmark Estate (FeFo), which on the operational level provides Sami and non-Sami users the same services. Public debates and conflicts among politicians and the public framed the political process leading up to this establishment. Based on a survey and interviews in Finnmark, we explored the public’s support for the new land tenure arrangements. We use the term diffuse support to investigate whether residents conform to FeFo’s basic ideas, values and principles, while specific support refers to the supportive attitudes for management actions carried out by the institution. We conclude that there is a general low diffuse support for FeFo among the residents in Finnmark, but a relatively high specific support for the policies and management actions implemented by the estate among those who have experiences with FeFo. We explain the gap between diffuse- and specific support by the historical, social and political processes which led up to the establishment of the land tenure arrangements.     

Revisiting the World Bank's land law reform agenda in Africa: The promise and perils of customary practices

This paper revisits the World Bank's land law reform agenda in Africa by focusing on two central issues: (1) land law reform as a tool for resolving land conflicts, and (2) the role of land law reform in addressing gender inequalities. While the Bank's recent land report provides insights for improving land governance in Africa, it fails to acknowledge the exploitative and contentious politics that often characterize customary land tenure systems, and the local power dynamics that undermine the ability of marginalized groups to secure land rights. Using insights from recent fieldwork, the paper analyses the links between land law reform and conflict in Ghana, and the gendered dynamics of reforming land governance in Tanzania. These “crucial cases” illustrate how land law reform can provoke conflicts over land and threaten the rights of vulnerable populations (e.g. migrants and women) when customary practices are uncritically endorsed as a means of improving land governance. As such, the paper concludes with a series of recommendations on how to navigate the promise and perils of customary practices in the governance of land.     

Not my problem: Growth spillovers from uncoordinated land use policy

Land use policy is administered at the local level in the U.S. However, many of the benefits and costs have broader spatial impacts. Thus, a lack of coordination across local jurisdictions may lead to unintended spillovers. Using historical data from the Baltimore, Maryland metro, we examine the impact that an extensive zoning policy change in Baltimore County had on new housing supply in surrounding counties. Defining treatment and control locations in surrounding counties based on their adjacency to Baltimore County, we find that the change in zoning policy led to an increase in housing supply of 42%–97% in adjacent counties. In both spatial and temporal falsification tests, we fail to find evidence of a spillover effect suggesting that the increased development was likely the result of spillovers from uncoordinated policy.     

Monitoring land governance: Understanding roots and shoots

Despite a growing interest among land use policymakers to identify the indicators that measure changes in land tenure systems, little consensus exists about what framework can functionally analyze land tenure systems, and how it should be developed. The existing indicators have mainly focused on measuring the “effects” of land tenure (in)security and often neglected the “causes”. Hence, comprehensive monitoring of land tenure systems has been poorly understood and practiced. Given their multifaceted meanings, land and its related concepts have been a challenging issue for policymakers. Accordingly, the overall objective of this paper was to propose a functional and analytical framework on how to study monitoring land governance from roots to shoots through five main studies: i) understanding the historical trajectories of land, ii) recognizing institutional arrangements on land, iii) identifying land governance grammar, iv) defining land governance typology, and v) assessing land use changes. In line with this objective, the general research question of this study is how and by whom a monitoring system should be developed. Overall, this study can be considered as a conceptual framework that has been designed to conceptualize, develop, build, and apply a functional and analytical framework for formulating land governance grammar to explain how access to land is governed. Unlike previous studies, this study focuses on both causes and effects of strong land governance (SLG) and weak land governance (WLG). The paper discusses that land governance allows various stakeholders to participate in government decisions and ensures the security of their livelihoods. However, land governance could be either poor or strong depending on the government decision-making process. The paper also concluded that SLG is a precondition for economic growth and poverty alleviation in rural areas of developing countries.     

基于演化博弈的土地利用冲突缓解机制研究 ——以沈抚新区为例

研究目的：构建多元利益主体参与的土地利用冲突缓解机制,对于缓解区域用地矛盾和实现区域空间协同治理具有重要意义。研究方法：三方演化博弈模型、Matlab数值仿真。研究结果：（1）地方政府在土地利用冲突中的策略选择对营利性组织与农民的策略选择起决定作用;（2）治污处罚、政策补贴、土地租金、污染赔偿、额外补助是影响研究区土地利用冲突的关键因素;（3）通过调整影响研究区土地利用冲突关键因素,从实现绿色经济和条块化管理策略上,构建社会经济型和生态治理型的土地利用冲突缓解机制。研究结论：构建地方政府、营利性组织和农民之间的三方演化博弈关系,可实现社会经济发展和生态环境治理目标下的三方利益主体利益均衡,促进地方政府主导转向多方利益主体合作,有利于缓解区域用地矛盾和冲突。     

Redefining property rights over collective land in the urban redevelopment of Shenzhen,China

Urban development in China is based on two types of land ownership, namely, state land owned by states and collective land owned by village collectives. Legally speaking, urban development must be based on state land. In practice, informal development based on collective land has played important roles in the rapid urbanization process over the past decades. Nonetheless, the vague property rights over collective land have led to inferior and suboptimal development outcomes in expansive urban areas. The redevelopment of collective land has become an important means to sustain urban development in an ongoing urbanization process. By adopting theoretical perspectives from New Institutional Economics, this study presents an integrated conceptual framework on the institutional arrangements of land property rights and transaction costs to understand the changes in land policies and their institutional implications for the redevelopment of collective land in Shenzhen, China. The findings reveal that the new policies have redefined the relationship among the government, village collectives, and real estate developers as well as their property rights over collective land. The change of institutional arrangements in land property rights has significantly reduced the transaction costs in the redevelopment process and effectively promoted land redevelopment activities.     

Territorialising REDD+: Conflicts over market-based forest conservation in Lindi,Tanzania

In this paper we use the lens of political ecology to shed light on the causes and effects of pro-poor REDD+ induced land use conflicts. We build our study on recent theoretical work on territorialisation in nature conservation to analyse the conflicts and outcomes of the TFCG/Mjumita REDD+ project in Lindi, Tanzania. Drawing on qualitative fieldwork in two case study villages we argue that conservation organisations increasingly make use of participatory tools, FPIC procedures and good governance principles to include local populations in the creation of what we call market-based conservation territories (MBCT). In contrast to project developer’s claims of win–win benefits, we highlight the mixed outcomes of MBCTs and argue that their performance-driven nature and reliance on formal governance arrangements lead to the enclosure of common forests. This inevitably causes conflicts between and within villages over the meaning, ownership and access to forest resources, especially given the importance of customary relations in tropical rural contexts. We argue that despite the extensive community engagement strategy and genuine pro-poor approach of the REDD+ project, project proponents were unable to prevent land use conflicts and risks of economic and physical displacement. The specific social, economic and political conditions shaped the implementation of the project which led to negative consequences to some stakeholders despite genuinely noble intentions. Therefore, we argue that in order to achieve more positive results when creating MBCT, project developers must better acknowledge the inherent trade-offs of markets in conservation and take the limitations and realities of local governance context better into account. We suggest a more explicit assessment of social and environmental justice in the project and more context-specific efforts to prevent social harm from conservation. Theoretically, our study contributes to a better understanding of territorialisation processes under the current trend of market-based conservation.     

The evolving concepts of land administration in China: Cultivated land protection perspective

This paper presents a holistic method by integrating three concepts (land resources management, assets supervision and political governance for sustainability) for investigation of land administration in China, taking into consideration of cultivated land protection for a testimony with econometric method. Theoretically, in this self-organizing integrated method, land resources management focuses on the productivity of land; land assets supervision centralizes on the realization of land usufruct rights in land transference; land political governance for sustainability concentrates on harmonious linkage of economic efficiency, social stability and environmental safety of land use. Their interrelations are complex. Methodologically, the results indicate that the theoretical model is feasible to explain variations of cultivated land protection with these three concepts. Cultivated land decreases with increasing land value increment multiples, and is positive with political governance concept, but not in a linear fashion. Finally the results suggest that roles of government in land administration need to be changed and strengthened, supporting complete compensation for land expropriation and modification to policies of cultivated land.     

Exclusive versus inclusive devolution in forest management: Insights from forest land allocation in Vietnam's Central Highlands

The devolution of forest management is high on the agenda in international forest policy. Devolution is generally conceived as a policy that aims to include a more diverse set of actors in forest management. One of the most problematic outcomes of devolution policies, therefore, is their tendency to exclude the claims of some local actors. This paper examines the exclusionary effects of devolutions in settings characterized by overlapping state and customary regulations and links these effects to exclusive notions of property and governance contained in particular devolution policies. The paper draws on insights gained in a pilot initiative of forest devolution in Vietnam's Central Highlands. Forest land allocation, as the initiative is called in Vietnam, took an exclusive approach to devolution by assigning ownership-type rights on forest to local actors, obliging those to protect the forest against encroachment by other actors, and centering governance in the state. In this particular case, exclusive devolution failed to diminish the gap between state and customary regulations, created conflicts among local actors, and contributed to forest loss. The unintended outcomes of exclusive devolution suggest the need for an inclusive approach to devolution that accommodates diverse kinds of overlapping claims made by multiple actors. The key elements of inclusive devolution are proprietary but not ownership rights granted to individual users and nested governance relations involving state and customary actors.     

Associating land use/cover information with land parcels represented in LADM

LADM design requires the association of external land use/cover information with cadastral land parcels. In addition to model design, related specifications are to be defined in the implementation. Yet, there are many severe obstacles against defining such specifications that are applicable to all cases. In this context, there are many different types of land use/cover classification systems for different purposes in different data quality, scale and content, which are either designed internationally or nationally. FAO Land Cover Classification System (LCCS), CORINE land cover, INSPIRE land use/cover themes, land use capability classification and Land Parcel Identification System (LPIS) are common international examples.In this study, management of spatial land use/cover data in association with cadastral land parcels represented by LADM was studied in a pilot study area in Turkey. In this context, association of spatial information as sub-divisions of land parcels (sub-parcels) was studied. Different land use/cover data sets (four types) were specifically produced for this study with an LPIS like digitization method. For the association, special overlay operations with and without predefined XY tolerances were carried out. Effects of similar yet different data sets, spatial data consistency between the produced sub-parcel data sets and land parcels, and also errors were analyzed based on the results. It is found (1) that the level of detail (base production scale) of external land use/cover data set increases spatial association errors, (2) that using XY tolerances to reduce these errors causes data inconsistency and (3) that direct spatial harmonization of two data set may be a robust solution when it is possible. In this context, in order to contribute to the implementation of LADM in terms of spatial association of land parcels and external land use/cover data, together with these data processing and analysis work, LADM modelling abstraction, availability and data quality issues of external land use/cover data, updating and maintenance issues were also discussed.     

The political economy of wine: How terroir and intra-sector dynamics affect land use in Spain

This paper provides a constructive critique of Corrine Cash's paper “Good governance and strong political will: Are they enough for transformation?”, published in volume 58 of Land Use Policy in 2016. By focusing on how intra-sector dynamics influence land use policies in conflicts revolving around urban sprawl, this paper aims to complement and, to some extent, widen the analytic lens deployed by Cash. The examination of the Spanish wine sector and its lack of zoning policies confirms Cash's argument about the need to go beyond discourses of ‘good governance’ and ‘strong political will’ to understand the dynamics underpinning real spatial processes. However, this exploration underscores the need to add layers of complexity to land use analyses, showing the relevance of intra-sector conflict and logics. In complicating any simplistic reduction of urban sprawl conflicts to rural–urban oppositions, the paper ultimately calls for a more dynamic and multiscalar planning theory to address complex governance issues.     

分层建设用地使用权的权利冲突及其解决

研究目的:厘清中国分层建设用地使用权的性质、特征及权利冲突,研究提出解决权利冲突的立法论路径和民法解释机制。研究方法:比较分析和民法解释学相结合。研究结果:(1)中国物权立法通过分层建设用地使用权的规定将空间权利纳入保护范围,而未采纳独立空间权的制度构造;(2)分层建设用地使用权空间上具有独特性,但可以与中国《物权法》结构性原则相契合;(3)现行立法对于分层建设用地使用权引发的权利冲突及其解决作出了原则性规定,需要从立法论和解释论角度重新检视。研究结论:在建设用地使用权制度框架内可以实现对地上与地下空间的物权保护,对于分层建设用地使用权引发的权利冲突之解决,既要在立法层面适度进行"改良",进一步细化完善《物权法》第136条有关规定;又要从法解释层面立足既有规范,借助相邻关系和地役权以及物权请求权制度措施,解决分层建设用地使用权权利冲突。     

Formalisation of land rights: Some empirical evidence from Mali, Niger and South Africa

In this paper, we re-interpret three cases of research previously carried out in Mali, Niger and South Africa in light of the recent debate about formalisation of land rights that has emerged since the publication of Hernando de Soto's ‘Mystery of Capital’. The Malian case shows that lack of broad access to formalisation processes in high-pressure areas may play into the hands of those with power, information, and resources. The case also demonstrates that timing of formalisation efforts in urban areas characterised by rapid expansion is crucial in terms of distributive outcomes. The Nigerien case demonstrates how impending formalisation led to a scramble for land and increased conflicts in a context of institutional competition and limited administrative capacity. The South African case shows that the very process of surveying and registering rights may also change the rights themselves. Formalisation procedures may also amplify the tension between individual and communal rights, and boost privatisation.     

Building resilience: Mainstreaming community participation into integrated assessment of resilience to climatic hazards in metropolitan land use management

Building resilience is critical for metropolitan land use planning to strengthen the ability to cope with and minimize climatic disaster risks. Challenges still remain for metropolitan agencies in identifying the components or metrics for measuring resilience. Particularly, uncertainties in climate change and diversification in local contexts compel urban planners to mainstream community participation, indigenous knowledge and local attributes into the resilience assessment. This article aims to propose a novel methodology for assessing resilience, which can encourage stakeholder participation and communicate planners in shaping metropolitan land use policies. Using the Taichung metropolis, Taiwan as the study area, this article created a resilience metric called the Climatic Hazard Resilience Indicators for Localities (CHRIL) that is appropriate for use in a policy context. Then, this metric combined a fuzzy multicriteria decision analysis with a participatory geographic information system approach to measure and map resilience to climatic hazards. Through the participation of experts, local officers and community members, a multivariate analysis was applied to explain why low resilience areas occur in specific locations. Moreover, we performed a cluster analysis to group the areas into several types of resilience and revealed the relationship between the resilience factors and overall local development patterns. Results show that conflicts and tradeoffs may exist between some resilience factors, especially socioeconomic vulnerability and adaptive capacity. The findings provide stakeholders and policy-makers with a better governance structure to design and synthesize appropriate patchworks of planning measures for different types of resilience areas to reduce climatic hazard risks.     

Limits to Ecological Modernisation as a framework for sustainable fresh water governance

An important point of debate in contemporary environmental governance literature is the design of institutional arrangements for natural resource governance in Western democracies in the face of long-term ecological challenges. Informed by this debate, we ask in this paper to what extent does Ecological Modernisation precepts provide a governance framework for resolving freshwater management conflicts in the context of New Zealand's political economy? The paper draws on the region of Canterbury whose water resources have become the site of intense political conflict due to the rapid growth of dairy farming. We firstly argue how the precepts of Ecological Modernisation are promoted in natural resource governance through the discourses of a variety of stakeholders at both the national and regional level and secondly, demonstrate how the adoption of these precepts in institutional design reflect a broadly techno-corporatist interpretation of Ecological Modernisation theory which struggles to sustain ecological carrying capacity of freshwater resources.     

Integrating decentralised land administration systems with traditional land governance institutions in Ghana: Policy and praxis

The aim of the Land Administration Project (LAP) policy reform for supporting the establishment of the Customary Land Secretariats (CLSs) is to formalise and strengthen customary land administration and management within the context of decentralised land administration. With the prospects of the CLSs becoming the legal local land administrative units, the paper assessed how traditional land governance institutions may have contributed to the decentralisation of land administration in Ghana. The research used case study strategy within the qualitative research paradigm and un-structured questionnaires were used to collect data. The analyses show that, simple land registries exist with traditional local governance institutions through the CLSs. The maintenance and effectiveness of this however depends on continuous improvement of records keeping, quality of office personnel and suitable office accommodation. This should be devoid of local power struggles among current and successive chiefs. Also, collaboration with public land sector agencies especially in areas of sharing information on rights, uses, disputes and preparation of planning layouts is paramount. These registries are mere extension of the state land administration apparatus as service units under the deconcentration of land administration powers. The paper concludes that the current policy focus on strengthening decentralised land administration through the CLSs may fail if attention is not given to the maintenance of the local registries. Revenue generation capacities of the CLSs need to be enhanced in order for them to recruit and maintain quality office staff, and acquire technical logistics. Decentralising land administration to the CLSs under the deconcentration of powers should be maintained in the interim because of the teething problems identified with this current system.     

Participation in the implementation of Natura 2000: A comparative study of six EU member states

The establishment of Natura 2000, the European Union’s network of protected areas, has been a challenging process and has caused a variety of conflicts. These conflicts are related to contradictory stakeholder interests and perceptions, as well as to procedural issues and feelings of exclusion, especially by concerned local land user groups. To prevent further conflict, local participation has been stressed as an important tool to increase the inclusiveness of Natura 2000 and its acceptance among land users. In this paper, we present an analysis of participation practices related to the Natura 2000 implementation processes in six EU member states. Based on material collected from semi-structured interviews and document analysis, we describe the organisational settings of the participatory processes, focusing, among other things, on the type of participants involved, the level and intensity of their involvement, and the goal of participation. In addition, we also describe the local context in which the participation processes have been embedded. Finally, we assess the outcomes of the participatory processes in terms of their impact on forest and nature conservation management practices. Our results show that local participation practices were shaped not just by the Natura 2000 policy, but also by the history of the area, including, for example, earlier conflicts among the local actors. We also show that although the participation process leads to a greater acceptance of the Natura 2000 policy, this does not relate to significant changes in management practices among local actors. These findings, however, do not suggest that participation is irrelevant. Rather, we conclude that participation involves context-dependent, localised learning processes that can only be understood by taking the historical socio-economic and institutional context in which they are situated into account.