Offsetting legal deficits of native vegetation among Brazilian landholders: Effects on nature protection and socioeconomic development

The Brazilian native vegetation supports essential ecosystem services and biodiversity for the global society, while land use competition may intensify around the increasing needs for food, fibre and bioenergy. The Brazilian Forest Act of 2012 amplified a market-based mechanism for offsetting native vegetation deficits in private farmlands. This mechanism enables a large-scale trading system allowing landholders to offset their own deficits of native vegetation by purchasing certificates associated with a surplus of native vegetation from other landholders. This mechanism is an alternative for the more expensive restoration of native vegetation on own land. The launching of the mechanism now depends on specific regulations at state level, which may include geographical restrictions for offsetting deficits. The aim of this study is to evaluate the effects in nature protection and socio-economic development of different offsetting implementation alternatives. Our findings suggest that in a business-as-usual scenario the offsetting mechanism may have little or no additional effects on protection of native vegetation, because most of the offsetting is likely to take place where native vegetation is already protected by prevailing legislations. We concluded that it is possible to maximise environmental and socio-economic returns from the offsetting mechanism without undermining productive land. This would be possible if regulations ensure additionality in nature protection while enabling a self-sustaining mechanism for income generation for small-scale family farmers in the poorest region of Brazil, protecting biodiversity and counteracting major trade-offs between ecosystem services.     

“Money can’t buy me land”: Foreign land ownership regime and public opinion in a transition society

In recent years, as part of the broader policies of economic liberalization, the sale of agricultural land to foreign citizens has attracted considerable political, social and media attention in transition societies. The regime of land ownership in Georgia has evolved from the complete restriction of foreign acquisition in the beginning of the 1990s, to the unrestricted sale of land to foreign citizens from 2010 onwards. An analysis of newly-available data from International Social Survey Programme’s (ISSP) National Identity module suggests that respondents in Georgia, along with Russia, hold the most negative attitudes toward selling land to foreigners compared to other countries. I hypothesize that this is the result of a confluence of factors such as the communist legacy, historical memory, rural nationalism, agricultural underdevelopment and inequality. The quantitative part of this article tests socio-demographic, geographic, ideological, and identity-based explanations of within-country variation in attitudes toward the purchase of land by foreigners. The results suggest that socio-demographic and geographic variables such as respondents’ age and regional belonging explain some variance in the dependent variable, but that the major effects stem from individuals’ perceptions of economic protectionism, xenophobia, and ethnic national identity.     

Are capacity deficits in local government leaving the Amazon vulnerable to environmental change?

The last 20 years have seen remarkable progress in monitoring and modelling environmental change in the Amazon region. As a result, scientists and policy makers now have robust and spatially explicit knowledge and forecasts of critical phenomena such as deforestation and bioclimatic uncertainty. However, whether this knowledge is used to support the implementation of policies and initiatives to cope with environmental changes in the Amazon depends on the ability of the political institutions to proactively integrate the scientific evidence into land planning at multiple spatial scales. In Brazil, municipalities are constitutionally responsible for legislating on land planning and therefore have a power to significantly influence the future trajectory of environmental change. Here, we assess the environmental capacity of municipalities in the Brazilian legal Amazon based on data from a self-assessment survey and from the Brazilian Institute of Geography and Statistics database. Municipalities generally have a low level of institutional capacity and there is no evidence that the municipalities most at threat from environmental change are taking proactive measures to reduce their vulnerability. We argue that structural reforms and capacity raising initiatives are urgently needed, especially in smaller, less economically developed municipalities located in areas at high risk of imminent environmental change.     

For the Environment: An Assessment of Recent Military Intervention in Informal Gold Mining Communities in Ghana

This article reflects critically on the impacts of the recent ban on artisanal and small-scale mining (ASM) – low-tech, labour-intensive mineral extraction and processing – in Ghana. Government officials claimed that a ban was necessary because the country’s ASM activities, most of which are found in the informal economy, pose a serious threat to local waterbodies and that security forces were needed for its enforcement. It is argued here, however, that projecting the ban and associated military intervention as actions taken specifically to protect the environment has helped the government escape scrutiny over its choice of strategy to combat illegal mining. Perhaps more importantly, it has masked what may be the real reasons behind these moves: 1) to help the government regain control of the purchasing side of an ASM sector that is now heavily populated and influenced by foreigners; and 2) to put it in an improved position to demarcate parcels of land to the multinational mineral exploration and mining companies that supply it with significant quantities of revenue in the form of taxes, royalties and permit fees.     

Minimising foreign control of land in an era of globalisation prospects for St. Lucia

Although globalisation is not a recent phenomenon, it is the trend toward trade liberalisation that poses the greatest threat to small countries. The paramount question is how can small states buffeted by the forces of trade liberalisation attract foreign investment while protecting their populations from the foreign control of land. Using St. Lucia as a case study, this paper reviews the existing land tenure system, examines the force of current legislative, fiscal and land use policy instruments used to limit foreign control of land, and presents alternatives for curtailing the potentially negative effect of trade liberalisation on the foreign control of land.     

中国建设用地配置中政府失灵的理论解析及其改良框架设计

研究目的:剖析中国建设用地配置中不同政府失灵的成因、影响与相互关系,探索相适宜的综合性改良框架及实现路径,为国家建设用地配置优化改革提供参考。研究方法:文献研究、逻辑分析与框架设计。研究结果:中国当前的建设用地配置存在两种政府失灵,并且这两种政府失灵涉及不同类别的政策问题,因而单一的技术性对策无法达到理想的解决效果,故需要依据不同的问题特征,设计构建综合性的政府失灵改良框架进行指导作用。研究结论:中国建设用地配置同时存在政府失灵Ⅰ与政府失灵Ⅱ。前者发生于政府内部,以央地关系失衡下建设用地计划管理机制失效为特征;后者发生于政府外部,以政府过度干预市场机制、扭曲土地资源配置为特征。对应于这两种政府失灵,本文设计涵盖6类调控工具的综合性改良框架。其中,针对政府失灵Ⅰ,主要有观念性调控、规划性调控和经济性调控3类,其可行路径包括转变形成目标相容的管控理念、构建国土空间规划体系、引入指标交易与管理平台等;针对政府失灵Ⅱ,主要有规则性调控、探索性调控和产权性调控3类,其可行路径包括健全土地市场运行规则、探索创新存量土地开发模式、构建现代土地产权体系等。     

A conceptual framework for utilising VGI in land administration

Land administration systems assist citizens in identifying their rights, restrictions and responsibilities (RRRs) associated with land and property. However, delineating the spatial extent of all RRRs regulated in legislation remains a challenge. Approaches that have been used so far are mainly based on accurate surveying processes, which are untimely and too expensive. Previous studies proposed Volunteered Geographical Information (VGI) as a practical and low-cost method for fast acquisition of spatial data from volunteered contributions, mostly for countries where a limited number of land rights records exist. However, VGI could be beneficial for advanced and developing land administration systems in terms of collecting a range of RRRs which are not spatially well recorded and represented. A multidisciplinary review of the literature on VGI and land administration reveals the lack of a comprehensive conceptual framework for utilising VGI in land administration for the purpose of collecting a range of RRRs related to land and property. This paper investigates the main aspects of utilising VGI in land administration based on qualitative content analysis of available resources. The outcome of this research suggests that using VGI in land administration requires a comprehensive understanding of the complexities and interconnections of legal, institutional, technical and social aspects within each jurisdiction. These findings are merged to formulate a generic and innovative conceptual framework which serves as a basis for the process of collecting land and property RRRs from volunteer contributions.     

Impacts of increased bioenergy demand on global food markets: an AgMIP economic model intercomparison

Integrated Assessment studies have shown that meeting ambitious greenhouse gas mitigation targets will require substantial amounts of bioenergy as part of the future energy mix. In the course of the Agricultural Model Intercomparison and Improvement Project (AgMIP), five global agro‐economic models were used to analyze a future scenario with global demand for ligno‐cellulosic bioenergy rising to about 100 ExaJoule in 2050. From this exercise a tentative conclusion can be drawn that ambitious climate change mitigation need not drive up global food prices much, if the extra land required for bioenergy production is accessible or if the feedstock, for example, from forests, does not directly compete for agricultural land. Agricultural price effects across models by the year 2050 from high bioenergy demand in an ambitious mitigation scenario appear to be much smaller (+5% average across models) than from direct climate impacts on crop yields in a high‐emission scenario (+25% average across models). However, potential future scarcities of water and nutrients, policy‐induced restrictions on agricultural land expansion, as well as potential welfare losses have not been specifically looked at in this exercise.     

Drivers of transaction costs affecting participation in the rental market for cropland in Vietnam

Farm incomes in rural Vietnam are tightly constrained by very small farm sizes. Stringent limits on the area of cropland that individuals may own means that farmers need a well‐functioning rental market to consolidate land parcels, grow their farm enterprises, adopt new technology and increase incomes. This research investigates the efficiency and equity impacts of the rental market in rural Vietnam and attempts to identify transaction costs impeding the market. A generalised ordered logit model with shifting thresholds allowing transaction costs to impact lessors and lessees differently was specified and estimated using data extracted from the Vietnam Household Living Standards Surveys. The findings show that rental transactions reduced imbalances in factor endowments, transferring cropland to households that were relatively land‐poor but more willing and able to farm. However, the market is constrained by transaction costs that affect lessors and lessees differently. It is recommended that government should complete its land registration program and relax restrictions on the use of wetlands to grow crops other than rice. It should also improve access to all‐weather roads as this encourages participation on both sides of the rental market, whereas better access to communications infrastructure was found to promote only the supply side.     

Land administration for housing production: An approach for assessment

The integration of land administration processes and the collaboration of land agencies are considered essential for the effective delivery of developable land for housing production. The research upon which this paper is based investigates the interrelationship across land administration functions and between different levels of government in the management and delivery of land for housing production. It focuses on land management policies, land administration processes, and spatial data infrastructure, as they are related to housing production. The study starts from the premise that inadequate integration across land administration functions and between different levels of government impedes land delivery for housing production. Against this background, an assessment framework is proposed as a tool to assess the levels of integration. The parameters for the development of the framework are based on the extensive literature of past and present initiatives which focused on enhancing inter-agency collaboration. It is also supported by interviews with land agencies in the case study areas – Australia and Nigeria – to aggregate the common themes as observed in the literature. The assessment framework was evaluated through selected government departments and agencies. With this approach, the assessment framework develops into the land administration integration assessment matrix. The key consideration of the matrix is to assess the depth of inter-agency relationship ranging from information sharing to consultation, coordination of activities, joint management, partnership arrangement and formal merger of organisations.     

土地征收中公共利益的经济学分析

研究目的：探讨土地征收中公共利益的内涵。研究方法：用经济学理论分析法律问题。研究结果：土地征收是一种建立在个人选择基础上的社会选择，是政府替代市场直接配置土地资源，但需要满足一个经济条件（市场失灵）和三个法律要件（公共利益、合理补偿和正当程序）。研究结论：土地征收中的公共利益是指卡尔多 — 希克斯效率；土地征收后提高了土地资源的配置效率，最终有可能通过加快经济发展来补偿土地被征收者的损失并改善他们的福利。     

LABOUR MARKET DUALISM,THREAT OF EVICTION AND CROPSHARE TENANCY

Landlords in some countries commonly adopt a policy of short-term leasing such that their tenants perpetually face a threat of termination of the contracts if their performance is not satisfactory. By explicitly modelling the threat of termination in a multi-period framework, this paper demonstrates that: (a) a landlord may prefer a landed rather than a landless tenant, (b) although tenants are free to choose the amount of land for cropsharing, the marginal product of land is not driven down to zero, and (c) the efficiency of cropshare cultivation may not be ranked unambiguously against owner or wage cultivation.     

Resisting agrarian neoliberalism and authoritarianism: Struggles towards a progressive rural future in Mozambique

After nearly two and a half decades with a Land Law widely considered progressive, Mozambique is preparing to revise its legal framework for land. Land activists accuse the government of pursuing an authoritarian approach, excluding civil society participation, and falsifying public consultations. The revision would mark a major shift in Mozambique's land policy towards an even more neoliberal framework to allow the transfer of individual land titles. This turning point is a crucial moment for popular movements to mobilize against the consolidation of agrarian neoliberalism and fight for pro-poor land policy that benefits small-scale food producers and rural communities at large. While recognizing different rural and agrarian class formations and interests in Mozambique, I argue that embryonic forms of a cross-class alliance are becoming apparent. As deagrarianization proceeds, the National Union of Peasants (UNAC) plays a key role in mobilizing the rural poor — petty commodity producers, farm workers, fishermen, small agrarian capitalists, and agrarian civil society at large — using left-wing populism to oppose agrarian neoliberalism, which takes authoritarian forms.     

Property rights in a very poor country: tenure insecurity and investment in Ethiopia

This article provides evidence from one of the poorest countries in the world that the institutions of property rights matter for efficiency, investment, and growth. With all land state‐owned, the threat of land redistribution never appears far off the agenda. Land rental and leasing have been made legal, but transfer rights remain restricted and the perception of continuing tenure insecurity remains quite strong. Using a unique panel data set, this study investigates whether transfer rights and implied tenure insecurity affect household investment decisions, focusing on trees and shrubs. The panel data estimates suggest that limited perceived transfer rights negatively affects the long‐term investment in Ethiopian agriculture, contributing to the low returns from land and perpetuating low growth and poverty.     

Land rental market legal restrictions in Northern Ethiopia

This study assesses the de jure and de facto land market legal restrictions in the Tigray region in Ethiopia and the extent of implementation of the new land rental restrictions that were introduced in 2006 that state that not more than 50% of a farm can be rented out. The knowledge, perceptions and attitudes regarding the law among local Land Administration Committee (LAC) members, local conflict mediators and a sample of rural households are investigated. We find that the rented area restriction is commonly violated and not enforced. The law is circumvented by framing sharecropping as something other than land rental, although sharecropping is the dominant land rental contract in the region. When it is made clear that the law may hurt weak and vulnerable (often female-headed) households that are unable to farm their land themselves and therefore rent it out, the large majority of LAC members, conflict mediators and rural households are against the law.     

Chinese land policies and farmers’ adoption of organic fertilizer for saline soils

Soil salinization has become a global concern and poses a great threat to food production and sustainable land use. Land use policies are the main driver of saline soil farmland use in ecosystems. This paper proposes a theoretical framework for analyzing how saline soil farmland use is affected by land use practices of individual farm households. An empirical study, using an ordered probit model, was conducted based on questionnaire responses from farm households in 8 towns and 14 villages in eco-fragile areas in Shandong, Jilin and Xinjiang provinces. The results suggest that land tenure, state systems agricultural support, characteristics of a field parcel and characteristics of the farm households have different influences on farmer's land use in three regions. The adoption of organic fertilizer by individual households is constrained by the lack of stability and integrity in land tenure. Furthermore, the parcel of a field is generally small, sparsely distributed and often fragmented, which increases costs. Even subsidizing organic fertilizer does not necessarily help in its adoption. Given these challenges, this study makes recommendations for different regions that may promote the adoption of improved saline soil farmland cultivation methods by farmers.     

Large-scale agricultural investments under poor land governance in Zambia

This paper looks at how large-scale land acquisitions made by foreign investors in Zambia are implemented. It scrutinizes both the steps that an investor has to go through in order to attain land within the Zambian land governance system as well as the actors shaping the acquisition process.As the most important formal change introduced to the Zambian land governance system, the Lands Act 1995 paved the way for foreign investments in land. The new actor “investor” on the other hand has emerged as a result of rising prices for food and non-food commodities. The study finds that the enforcement of formal rules in the process of acquiring land is currently weak and largely determined by a number of actors: while investors, local authorities and government officials have strong leverage, local land users are excluded from the process. If the process of transformations of customary land into state land continues, land administration will be inevitably shifted toward statutory jurisdiction. As a result, local chiefs will lose their discretionary power thereby further marginalizing local land users. As it stands, welfare implications are chiefly down to the individual actors. However, it is only the government that can issue a guarantee that local land users will also benefit from land acquisition.     

从三层博弈关系看土地征收制度改革--基于某大学城征地案例的分析

研究目的分析地方政府和被征地农民、地方政府之间以及地方政府和上级政府间在土地征收上的三层博弈关系,探讨土地征收博弈过程中农民、地方政府、上级政府间的利益关系及由此产生的行为选择以及几者能否取得多赢的可能性,为中国土地征收制度改革方向选择提供理论依据.研究方法文献资料法、图示法和演绎法.研究结果中国现行土地征收制度存在诸多弊端,使博弈主体在各自行为上非理性选择.研究结论中国土地征收制度改革应该使得地方政府违法征地得到的好处变少;地方政府依法征地得到的好处变大;违法征地引起冲突的惩罚成本于地方政府变大,于农民变少;合法征地因被征地农民抵制引发强制执行的成本于政府变少,于农民变大.     

Encountering the state through legal tenure security: Perspectives from a low income resettlement scheme in urban India

Tenure security systems—which determine who lives where and under what terms and conditions—are processes of governance that make and effect the relationship between those who confer tenure security and those on who tenure security is conferred. Yet, in dominant analyses of land and housing tenure security, and in policy recommendations for property rights and legal tenure security in developing countries, governance implications are overlooked in favour of analyses of the relative merits of different tenure systems mainly in terms of security, livelihood and economic impact. Using interview data and observations from a resettlement scheme in Ahmedabad, India, this paper empirically examines citizen-state relations in the context of a major shift from de facto (in practice) to legal tenure security and asks how do citizens who have recently come to live under legal tenure security encounter the state and make sense of it. I find a bureaucracy of tenure security that exerts control over low income citizens largely through fear. However, such control is incomplete and acts of resistance suggest an emerging ‘paralegal’ space to renegotiate tenure rules. I conclude by examining the findings through a conceptual framework that explains the relationship between state power and legal tenure security. I also discuss the need for greater scrutiny of the political effects of urban land and housing tenure systems on poor people.     

Tenants’ land access in the rental market: evidence from northern Ethiopia

The purpose of this study is to investigate the allocation efficiency in the tenancy market, and thereby the potential of the market to facilitate operational farm size adjustment that can help land‐poor tenant households to transform into smallholder commercial farms. We analyzed three rounds of balanced panel data for the production seasons 2005–2006, 2009–2010, and 2014–2015 collected from 320 smallholder farms in Tigrai region in northern Ethiopia. Random effects dynamic probit and tobit models are used to assess how land‐poor tenants’ access and extent of access to land are affected by state dependency (earlier participation in the market), kinship ties, climate shocks, and legal restrictions. The results indicate that state dependency and kinship ties with the landholder had strong positive effects on participation and intensity of participation. Climate shocks significantly affected the intensity of participation of tenants already in the rental market. Tenants’ overall access to rented land had not improved from 2005–2006 to 2014–2015. The amount of land accessed by those already in the market was insufficient for them to become commercial farmers. The important policy implication is that orchestrated interventions at community level are needed to reduce transaction costs and thereby improve land access of entrepreneurial tenants.