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

Policy Papers & Briefs
Junio, 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.

Incorporative approach to the formation of land property at the local territorial level

Policy Papers & Briefs
Diciembre, 2012
Belarús

Transition from corporative property to incorporative (possession of territorial formation by each native resident) could be an evolutional continuation of the development of land property relations at the local territorial level in the conditions of the Republic of Belarus. Incorporative approach helps to solve a number of key economic problems in rural areas, connected with the growth of wealth of people constantly residing here, with their security and safety of their property and investments.

Indigenous Territories and REDD in Latin America: Opportunity or Threat?

Journal Articles & Books
Marzo, 2011
América central
América del Sur

An important proportion of Latin America’s forests are located in indigenous territories, and indigenous peoples are the beneficiaries of about 85% of the area for which local rights to land and forest have been recognized in Latin America since the 1980s. Nevertheless, many of these areas, whether or not rights have been recognized, are subject to threats from colonists, illegal loggers, mining and oil interests and others, whose practices endanger not only the forests but also indigenous people’s territory as a whole.

Contemporary Discourses and Contestations around Pro-Poor Land Policies and Land Governance

Journal Articles & Books
Diciembre, 2010

The meaning of land and land policies is diverse and contested across and within local and (inter)national settings. The phrase 'land policy', used to refer to all policies that have anything to do with land, may be convenient, but it masks the actual complexity of issues. Meanwhile, concern for 'pro-poor' land policy has coincided with the mainstream promotion of efficient administration of land policies, leading to the concept of 'land governance'. Such concepts have enriched discussion on land issues, but they also complicate further an already complex terrain.

problem of property in industrial fisheries

Journal Articles & Books
Diciembre, 2014

Fisheries systems are widely considered to be ‘in crisis’ in both economic and ecological terms, a considerable concern given their global significance to food security, international trade and employment. The most common explanation for the crisis suggests that it is caused by weak and illiberal property regimes. It follows that correcting the crisis involves the creation of private property rights that will restore equilibrium between the profitable, productive function of fishing firms and fish stocks in order to maximize ‘rent’.

Theoretical Problems of the Legal Regulation of the Landed Property Relations and the Agriculture organization (on the Example of the Russian Experience)

Journal Articles & Books
Diciembre, 2015

Property of law of the landed property completeness and organization of the agriculture reveals in an empery of the owner over the property; variety, completeness of objects of the real rights; will of the owner acting at discretion and in the interest; the wide set of its competences; the system of the real rights protection opportunities for the owner to protect the property rights in the most various ways and means, up to the application of the rei vindicatio and the negaterius claims, unilateral and bilateral restitution, indemnification.

Formation of the brand of territory as an image resource of rural area development

Policy Papers & Briefs
Diciembre, 2012
Belarús

In the conditions of the Republic of Belarus there was shown the necessity of detection and recording of socially-significant sights and brand objects in the process of managing land resources. There was examined the classification of land plots and objects of real estate, which appear to be territory brands. There were determined the main approaches to the formation of the system of such objects on the basic level of state management.

The typology of property formation in course of land reform in Estonia

Conference Papers & Reports
Diciembre, 2014
Estonia
Letonia

The implementation of land reform has influenced the formation of property structure. The main procedures of land reform activities are stated in Estonian legislation. However, the provisions for determining the area and the boundaries for properties to be formed in the course of land reform are stated in legal acts in an unsystematic way. The aim of this study is to systematize the parcel area and the boundaries determination procedures that are used in the course of land reform for property formation.

The Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956

Regulations
Noviembre, 1956
India

The Governor of Orissa in exercise of the powers conferred under sub-paragraph (2) of paragraph 5 of the Fifth Schedule of the Constitution of India has promulgated this regulation to Control and Check Transfers of Immovable Property in the Scheduled Areas of the State of Odisha by Scheduled Tribes (ST). Any transfer of immovable property by a member of a ST to non-STs, except by way of mortgage in any public financial institution for securing a loan granted by such institution for any agricultural purpose, shall be absolutely null and void.