Nicholas joined the Land Portal in September 2016 as a Research Analyst. Previously, he worked at the World Resources Institute (WRI), an environmental think tank in Washington D.C. At WRI, he assessed the land tenure security of indigenous and community lands for LandMark, a global platform of community lands. He also examined and wrote about expropriation laws and practices as well as environmental regulatory frameworks for WRI's The Access Initiative. In 2012-2013, Nicholas worked for the Law Reform Commission of Liberia in Monrovia and Oxfam India in New Delhi, where he conducted legal research related to land tenure, local governance, and other issues. He has a B.A.in Economics and Political Studies from Pitzer College and Doctor of Jurisprudence (JD) from Indiana University Maurer School of Law. Currently, he is pursuing at PhD at the University of Groningen Faculty of Law. His dissertation will focus on whether national expropriation, compensation, and resettlement laws in developing countries are adopting international standards designed to secure tenure rights and ensure responsible land governance.
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Constitutional Court No. 35/PUU-X/2012
The fourth paragraph of the Preamble of the 1945 Constitution of the Republic of Indonesia (hereinafter referred to as the 1945 Constitution) has very clearly stated the aim of the establishment of the Unitary State of Republic of Indonesia (NKRI) is "to protect all the people of Indonesia and all the independence and the land that has been struggled for, and to improve public welfare, to educate the life of the people and to participate toward the establishment of a world order based on freedom, perpetual peace and social justice ".
Law on Managing of Land Affairs
Article One:
This law is enacted the provisions of paragraph two article nine of constitution of Afghanistan in order to regulate the affairs of the land.
Objective
Article Two:
Objectives of the law have included:
The Law of Expropriation for Public Utility, Decree-Law No. 3.365 of June 21, 1941
Art. 1 A desapropriacao por utilidade publica regular-se-a por esta lei, em todo 0 territ6rio nacional.
Art. 2 Mediante declaracao de utilidade publica, todos os hens poderao ser desapropriados pela Uniao, pelos Estados, Municfpios, Distrito Federal e Territories.
§ I A desapropriacao do espaco aereo ou do sub-solo so se tornara necessaria, quando de sua utilizacao resultar prejufzo patrimonial do proprietario do solo.
Interim Protection of Informal Land Rights Act, 1996
To provide for the temporary protection of certain rights to and interests in landwhich are not otherwise adequately protected by law; and to provide for matters connected therewith.
Restitution of Land Rights Act, 1994
To provide for the restitution of rights in land in respect of which persons or communities were dispossessed under or for the purpose of furthering the objects of any racially based discriminatory law; to establish a Commission on Restitution of Land Rights and a Land Claims Court; and to provide for matters connected therewith.
Law 445: Law of Communal Property Regime of the Indigenous Peoples and Ethnic Communities of the Autonomous Regions of the Atlantic Coast of Nicaragua and of the Rivers Bocay, Coco, Indio and Maiz
It is the ineludible commitment of the State of Nicaragua to respond to the claim for the titling of the lands and territories of the indigenous peoples and ethnic communities of the former Mosquitia of Nicaragua; right set forth in the International Treaties entered into between England and Nicaragua, such as the 1860 Managua Treaty and the 1905 Harrison-Altamirano Treaty. This right to the land is recognized in the 1987 Political Constitution of Nicaragua and the Statute of Autonomy of the Autonomous Regions of the Atlantic Coast.
Law of the Right to Prior Consultation to Indigenous or Native Peoples, recognized in the Convention 169 of the International Labour Convention (ILO)
The present Law develops the context, principles and procedures for the right to prior consultation to Indigenous peoples or native regard to the legislative or administrative measures that directly affect them. It is interpreted in accordance with the obligations under Convention 169 of the International Labour Organization (ILO), ratified by the Peruvian State through the Legislative Resolution 26253.
Uncertainty and Opportunity:
Most of the world’s remaining tropical forests lie in areas that are customarily managed and/or legally owned by Indigenous Peoples and local communities. In the context of climate change and global efforts to protect and enhance the capacity of forests to capture and store greenhouse gas emissions, the question of who owns the trees and the carbon stored therein is paramount. Clarifying this question is crucial, both for the future of the planet, and for up to 1.7 billion people worldwide who rely on forests for their livelihoods.
Valuation of Community Lands and Natural Resources
A chapter from the Guide that explains the Valuation activity, designed to build awareness of the value of common lands and natural resources and increase community motivation to complete the community land protection process.
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LAW N° 32/2015 OF 11/06/2015 RELATING TO EXPROPRIATION IN THE PUBLIC INTEREST
This Law determines procedures relating to expropriation in the public interest