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General Regulations made in terms of the Communal Land Reform Act.

Regulations
Fevereiro, 2003
Namíbia

These Regulations, made in terms of section 45 of the Communal Land Reform Act, provide with respect to a wide variety of matters concerning communal land and communal land rights. Part I deals with (application for) customary land rights. It specifies the maximum size of land that may be held under customary land right and specifies particulars pertaining to allocation of customary land right.

Carinthia Wood and Pasture Exploitation Law.

Legislation
Fevereiro, 2003
Áustria

The present Law lays down provisions relating to the right of wood and pasture exploitation in the Region of Carinthia. The text consists of 63 articles divided into 9 chapters as follows: General provisions (I); New regulation and regulation of traditional rights (II); Transfer of exploitation rights (III); Safeguard of rights of use (IV); Basic rights of wood cutting in case of need (V); Special field services (VI); Authorities and proceedings (VII); Penalties (VIII).

Tanzania Agricultural Sector Policy.

National Policies
Dezembro, 2002
Tanzania

Tanzania Agricultural Sector Policy 2003 is a national cross-sectoral policy with an overall goal to promote sustainable development of the agricultural sector for economic, social and environmental benefits for its people.Improvement of food insecurity and nutrition is amongst the objectives of this strategy.

Land (Amendment) Act,2003.

Legislation
Dezembro, 2002
Malawi

This Act amends the Land Act: in section 2 by inserting a new definition of “person who is not a citizen of Malawi”; in section 5(1) which restricts the making of a grant of any public land or any customary land to any person who is not a citizen of Malawi; in section 40 on proof of citizenship of Malawi; by adding new sections (24B, 24C and 24D) which place restrictions on the grant of private land to any person who is not a citizen of Malawi.

Amends: Land Act (Cap. 57:01). (1982)

Stacked law : land, property and conflict in Honduras

Reports & Research
Dezembro, 2002
Honduras

Property conflicts have an enormous impact on relations between the members of farm households and their families. Given the long duration, frequency and intensity of these conflicts an investigation of how they arise and how they affect the daily lives of, and relationships between, landholders is certainly warranted. Conflicts over land visibly manifest themselves in destroyed fences, stolen crops, poisoned dogs, horses that are set free, bloody machetazos, hails of stones between children and murder.

Customary law research on group and individual rights to common property

Reports & Research
Novembro, 2002
África do Sul

Customary Law has been a subordinate element in the South African legal order in that it was subject to state legislation, certain Courts could not take judicial notice of it, and it could be applied only if compatible with principles of public policy and natural justice. These were the requirements of the so-called “Repugnancy Proviso”. In addition customary law was subordinate to Roman-Dutch common law and the common law provided the model to which customary law was expected to conform. In fact all legal analysis or comments on customary law are mediated by western legal categories.

Sistemas Costumeiros da Terra em Moçambique

Reports & Research
Novembro, 2002
Moçambique

Quando a Lei de Terras 19/97 estabeleceu que o direito de uso e aproveitamento da terra é adquirido por ocupação por pessoas singulares e pelas comunidades locais, segundo as normas e práticas costumeiras que não contrariem a Constituição, criou-se a ruptura com a prática legislativa em Moçambique e em muitos outros países africanos.

Malawi National Land Policy.

National Policies
Janeiro, 2002
Malawi

The goal of the National Land Policy in Malawi is to ensure tenure security and equitable access to land, to facilitate the attainment of social harmony and broad based social and economic development through optimum and ecologically balanced use of land and land based resources.A number of specific land policy objectives have to be satisfied in order to achieve the overall goal, particularly: a) Promote tenure reforms that guarantee security and instill confidence and fairness in all land transactions: Guarantee secure tenure and equitable access to land without any gender bias and/or disc

Common property: can customary law adapt to the free market?

Dezembro, 2001
Europa

Transition from subsistence to market economy is not easy. In Papua New Guinea most land is still held under traditional systems of common property resource ownership and a growing cash economy can spark conflict concerning management or ownership issues. Research presented at the annual meeting of the UK Development Studies Association (DSA) examines the institutional limitations, during transition, of traditional ownership systems.

Decentralisation of administration, policy making and forest management in Ketapang district, West Kalimantan

Journal Articles & Books
Dezembro, 2001
Indonésia

This study examines the preliminary impacts of Indonesia's decentralization process on the administration and management of forest resources in Ketapang District, West Kalimantan. The case study is based on field work carried out in mid-2000, using a rapid appraisal methodology. The report covers the impacts of decentralization in three areas, in particular: customary adat communities, oil palm and rubber plantations, and conservation issues related to Gunung Palang National Park.