Sharecropping,Insecure Land Rights and Land Titling Policies: A Case Study of Lac Alaotra,Madagascar

Sharecropping between poor landlords and rich tenants has hitherto been the subject of very little academic scrutiny. Given that such ‘reverse share tenancy’ contracts are mostly at odds with the canonical risk‐sharing explanation for sharecropping, this article discusses a rationale for them that relies on weak property rights as well as the legal doctrine of adverse possession, and tests it using data from Lac Alaotra, Madagascar, where this type of tenancy accounts for one‐third of land rentals. The empirical findings are discussed in relation to recent land‐reform policies by the Government of Madagascar, the World Bank, IFAD, and the Millennium Challenge Corporation.     

Some Outstanding Issues in the Debate on External Promotion of Land Privatisation

Since the early 1990s, the dominant consensus in the debate on land rights reform in sub‐Saharan Africa has been that external interventions to privatise land rights are usually inappropriate and likely to remain so. This article suggests that two elements in the debate – the scope for varying adjudication criteria, procedures and support systems in order to enhance equity, and the influence of a region's agro‐ecological and socioeconomic characteristics on the impacts of tenure change – merit further attention. The article urges a shift towards a more pragmatic approach, sensitive to the diversity of both physical and socio‐economic conditions within which tenure systems operate. Illustrative evidence is drawn from a relatively low‐potential farming region in eastern Kenya.     

Formation of land market institutions and their impacts on agricultural activity

The process of transformation of Bulgarian agriculture from a centrally controlled economy to a market-oriented economy is resulting in land reform, which will necessitate the immediate development and operation of land markets. On the one hand, the land reform is restoring land to those who owned it in the year 1947, or their heirs, who not only have very small and scattered holdings, but who often live in urban areas far from the claimed land and do not practice farming. On the other hand, farming is being changed by the liquidation of the former collective farms and the emergence of privately managed farms and new forms of co-operatives. These new operating units may or may not have their own land claims, but in most cases, do not have immediate access to sufficient land for adequately sized operations. Without land market institutions for information, contracting land use, and enforcement of contractual rights, the transaction costs of bringing the suppliers of land together with those demanding land will result in unused land and distorted agricultural activity. The paper explores both the formation of institutions and the evidence of transactions, as well as the possible impacts on farming.     

The Voice of the Child: A Legal Voice?

This article presents a legal analysis of the 'voice of the child' in family proceedings, both public and private. The evaluation is thus confined to civil law and is not concerned with young offenders within the criminal justice system. There have been significant legislative developments in the last decade arising from UK, European, and UN provisions. The article assesses the strengths and weaknesses of the rights to representation of children in these legal proceedings and in particular outlines the weaknesses in the proceedings of 'private' law about children. Making recommendations for future reform, the article argues that consistent implementation of the provisions requires greater attention to be paid to direct representation and advocacy for the child's views, in contrast to adult presentation of their own views about the best interests of the child.     

A new asylum law for the KRI and Iraq: Reality or wishful thinking?

Despite having its own internal population displacement due to conflict and civil war, Iraq and the Kurdistan Region continue to accommodate large numbers of refugees from Iran, Palestine, Syria and Turkey. However, Iraq has not ratified the internationally recognized legal framework for the protection of refugees. Currently, the protection offered to asylum seekers in Iraq is regulated by secondary legislation, mostly in the form of administrative circulars. The lack of an applicable law regulating the status of asylum seekers has led to local-level ad hoc policy implementation. Similarly, the Kurdistan Region of Iraq has no legal provisions in its domestic legislation to regulate the status of refugees. This study presents: (a) the argument that Iraq must adopt legislation to regulate the entry, exit and stay of migrants, in line with international protection for both asylum seekers and the provision of adequate rights to refugees, and in accordance with international human rights standards; (b) a proposal for provisions for such legislation in Iraq; and (c) a timely impetus to re-energize local strategies aimed at filling these normative legal gaps through domestic agreements rather than regional and/or international ones.     

The Equality Deficit: Protection against Discrimination on the Grounds of Sexual Orientation in Employment

The provisions of UK law offer no specific protection to gay men and lesbians suffering discrimination in the workplace on the grounds of sexual orientation. Such discrimination may take many forms and can result in ‘fair’ dismissal in certain circumstances. This article considers the degree of legal protection available under current provisions and investigates possible sources for the development of specific anti‐discrimination legislation. It is concluded that, despite the application of certain aspects of employment law, the level of protection afforded to this group of workers amounts to an equality deficit in comparison to the legal redress available to those discriminated against on other grounds. Although the development of human rights legislation may have some application in this context, the combination of institutionalized discrimination and wider public policy concerns suggest that the introduction of specific legislation aimed at eliminating such discrimination in the United Kingdom is still some way off.     

近郊集体所有制土地产权换股权试点方案研究

随着城市化的不断推进,部分农村集体土地被转换为城市建设用地。涉及城市化的农村居民理应分享到土地资源优化配置的财富性收益,同时完成农民到市民的身份转换。上海近郊在城市化过程中对建设用地的需求越来越大,经济发展和保护农民合法权益是必须处理好的一对重要关系。从现有经验看,集体所有制土地产权换股权是合理利用、优化配置郊区集体所有制土地,协调好产业发展与农民权益保障的有效改革路径,也是上海实现包容性城市化发展、消除新二元结构的重要制度创新。     

新型城镇化与土地制度改革

土地制度改革的核心就是要改计划配置为市场配置。首先,要建立城乡统一、开放、竞争有序的土地市场,为此须转变政府职能,划清政府与市场的界线;改革产权制度,把公有公用的土地公有制改成公有私用的土地公有制;建立城乡统一的土地市场,开放集体土地入市;改革征地制度。其次,要建立适应市场配置的国家宏观调控体系。政府主要有4种调控手段:确立以公众参与式的规划制订办法;正确实施土地用途分区,限制土地使用权,以提高土地利用效率;建立能促进节约用地、优化配置、公平分配土地收益的财税制度,使税收、投资、补贴成为国家调控土地的主要手段;改革行政审批制度,简政放权。     

Does land ownership make a difference? Women's roles in agriculture in Kerala,India

Drawing on a 12-month study, this paper explores the role of women in agriculture in Kerala, India. Despite claims that women enjoy high status in Kerala, economic, social, and cultural factors interplay to reinforce gender differences in ownership, control over, and access to critical agricultural resources, including land. Although women may gain access to land through inheritance, marriage, or informal networks, none of this guarantee effective control over it. The traditional rights of women to land have not been adequately recognized: the gender gap in the ownership and control of property is the only most significant contributor to the gender gap in the economic well-being, social status, and empowerment of women. The existing socioeconomic changes and crisis which render agricultural land as a main source of livelihood, is leading nair women's share of land being sold, with gains going to men, thus decreasing women?s ownership of land to the status of male-controlled dowry. The case of the Christian succession laws in Kerala illustrate that legal provisions alone can have a limited impact on changing gendered power structures. The role of women in agriculture needs to be recognized, and institutional support must be increased in order for women to gain access to agricultural inputs and technology, which in turn, leads to better agricultural practices and a higher income from farming in the country. Most importantly, there should be a concerted effort to enable women to function as independent farmers who control their own land.     

De Jure vs. De Facto Rights: A Response to “Human Rights: What the United States Might Learn from the Rest of the World and,Yes, from American Sociology”

Blau's ( 2016 ) argument for a Constitutional Project implies that changes in the U.S. Constitution would ensure fundamental adherence to human rights standards. We disagree with the assumption that legal and institutional instruments are guarantors of human rights practice. Instead, we see rights practices as the function of power struggles that include but go far beyond formal law. Instead, we emphasize an important distinction between de jure human rights instruments and de facto human rights practice, arguing that the focus on de jure instruments and legal discourse misses the significant effect of social movements and direct action that secure rights practice. De jure instruments may codify human rights and enumerate them as important, but they do not carry the authority of enforcement. We argue that the pursuit of human rights must be reframed to include both de jure and de facto human rights terrains. While charitable provisions from generous states can temporarily relieve specific human rights abuses, universal human rights practice requires establishing the fundamental political primacy of the people through the processes of the human rights enterprise.     

The convention on the rights of the child: A young legal regime for the world's youngest citizens

In November, 1989 the United Nations General Assembly adopted the Convention on the Rights of the Child. This international resolution seeks to safeguard the physical, social, cultural, and religious rights of children, and to establish a new legal regime for the protection of children's rights. This paper examines the legal foundations of the Convention relative to international law, the legal effect of a United Nations Convention upon nations, describes the main provisions of the Convention, and discusses the ratification and enforcement of the Convention.     

The Origins and Influence of Land Property Rights in Vietnam

Vietnam's 1993 Land Law was intended not only to increase the security of farmers’usage rights to their land, but also to facilitate land transfers. Despite potential benefits, the actual issuance of land‐use rights certificates to farmers (as specified by the law) proceeded rather slowly in some regions. This article seeks to identify factors that explain the emergence of this form of property right as well as to measure its effect on agricultural production. The results suggest that the certificate's direct contribution may be rather small in the absence of the appropriate supporting conditions and institutions.     

Access to Land,Rural Development and Public Action: The When and the How

After being marginalised in the 1980s, land‐reform policies came back to national and international development agendas during the 1990s, resulting in a revival of academic research on the subject. This article reviews the empirical literature on access to land, rural development and public action for evidence on when and how the state should intervene in the allocation of rural land. The review suggests that positive impacts are obtained if, and only if, public actions on the allocation of land are carried out under certain conditions and in a certain way. The article ends by highlighting the need to elaborate empirical models that take into consideration opportunity costs and interactions, and that integrate individual responses with aggregate effects.     

臧村“关系地权”的实践逻辑——一个地权研究分析框架的构建

本文以周雪光的"关系产权"为学术起点,基于产权研究的社会视角提出了"关系地权"的分析性概念,明确了其原则、层次和类型,尝试构建一个地权研究的分析框架,用以观察和分析当下中国乡村的地权制度与乡村社会结构的新变化,并用臧村的几个典型农地纠纷案例予以经验支持。研究发现,在以臧村为代表的村落中,"关系地权"的强力原则在地权配置实践中占据强势地位。在市场化、城市化日渐深入乡村共同体的背景下,一个围绕农地牟取私利的"谋地型乡村精英"逐渐形成。作为新时期乡村社会结构的实体要素之一,该群体的行为对当代中国以"家庭承包责任制"为主体、以"均等原则"为特征的地权分配方式起着严重的扭曲和变形作用。     

Norms about nonresident fathers' obligations and rights

The new welfare reform law includes a number of provisions designed to increase the amount of child support paid by nonresident fathers, but little is known about whether stronger child support enforement may create parental conflict. Parental conflict may increase when fathers do not wish to pay or when fathers pay and demand more time with their child but mothers resist these demands. Using seven-city data from the study of Fragile Families and Child Wellbeing, we find that very few parents are opposed to the idea that fathers should have child support obligations and rights to see their child and make decisions about how their child is raised. We also find very few disagreements among couples. However, we do find that nearly 20 percent of mothers object to fathers' rights to make decisions among parents whose romantic relationships have ended. We also find weak evidence that tough enforcement increases the odds that mothers will object to fathers' rights.     

Climate‐Change Adaptation and Mitigation: Implications for Land Acquisition and Population Relocation

In response to the challenge of climate change developing‐country governments are evolving adaptation and mitigation programmes for which they are seeking international financing. This article presents the findings of a review of national action programmes and other interventions to assess their likely societal impacts with an emphasis on land‐use change, future land acquisitions, population displacement and resettlement. It considers the policy and development challenges involuntary resettlement in particular will pose, and assesses the robustness of current governance arrangements to manage them and cautions that at present the financing arrangements do not prioritise the legal protection of affected populations.     

CLOSING THE COURTHOUSE DOOR: CONSTRUCTING UNDESERVINGNESS IN THE TORT AND HABEAS CORPUS REFORM MOVEMENTS

Recent years have witnessed a broad series of elite efforts to withdraw legal rights extended to individuals over the preceding several decades. In closely examining two of these efforts, the tort and habeas corpus reform movements, it is argued that reform advocates have utilized a similar narrative framework to make the case for reform. By constructing plaintiffs as "undeserving," due to their improper use of the legal system to redress harms for which they are responsible, and by using anecdotes designed to advance these hegemonic constructions, the foundation is laid for the withdrawal of individual access to law.     

A Less Gendered Access to Land? The Impact of Tanzania's New Wave of Land Reform

Contemporary land reforms in sub‐Saharan Africa tend to be evaluated based on the state‐centric reforms of the past, which disadvantaged women. However, this article argues that the new‐wave of land reforms and their decentralised administration institutions and anti‐discriminatory legal frameworks may be different. Based on field research on the implementation of Tanzania's 1999 Land Acts, it identifies an institutional reconfiguration in which the formal institutions are gradually strengthened and the customary institutions slowly changed. This does not in itself pose a threat to women's access to land and some women, who are otherwise often perceived to be weak, are left better‐off. Nevertheless, access to land becomes socially more uneven.     

深化农村土地管理制度改革研究

上海要深化农村土地管理制度改革,在农村承包地流转方面:要加强引导,规范农村土地承包权流转;加强扶持,构建完整的政策制度体系;制定规则,形成机制保障。在农村集体建设用地流转方面:要真正实施国有土地与集体土地"同地、同价、同权";要正确处理集体建设用地节约、集约利用与增加农民财产性收入的关系;要制定郊区集体建设用地的各类标准,控制用地总量;要制定集体建设用地使用权流转的配套政策;要建立完善的农民社会保障体系,清除集体建设用地流转的障碍。在农村宅基地置换、退出方面:要建立农民宅基地分配、使用、置换、流转、收回政策体系;要采取限制措施,严控宅基地的新增趋势;要采取滚动发展模式,解决宅基地置换资金缺口大的问题。