Search Results (9)

After the fall of communism, Romania embarked on a comprehensive land restitution process through Law No. 18/1991, aiming to re-establish private ownership rights, particularly for agricultural and forestry lands. Divergent historical legacies across regions have resulted in heterogeneous land administration systems, contributing to inconsistencies, overlapping claims, and prolonged legal disputes. To address these challenges, the Romanian government introduced the National Cadastre and Land Registration Program, which promotes systematic property registration across the country. Keeping in mind the fact that there is no integrated study that analyses national challenges from multiple dimensions such as history, law, institutions, technology, and socioeconomics and proposes systematic optimization strategies, this article provides a critical analysis of the legal and institutional framework governing land restitution and cadastral reform, highlighting the influence of historical administrative structures and the adoption of modern geospatial technologies such as Geographic Information Systems (GISs) and Unmanned Aerial Vehicles (UAVs). By adopting a qualitative and document-based research approach, focusing on the analysis of legislative frameworks, institutional procedures, and technical instruments used in systematic land registration in Romania, this study emphasizes the benefits of systematic registration, including increased legal certainty, investment stimulation, improved access to credit, and better planning and taxation. Despite progress, implementation remains uneven, hindered by documentation gaps, institutional capacity limitations, and administrative obstacles. Recent legislative adjustments and the integration of advanced geospatial tools aim to improve data quality and accelerate the registration process. Ultimately, the integration of legal, institutional, and geospatial components is essential for achieving transparent and accountable land governance, efficient resource management, and sustainable rural development in Romania. Full article

This Study delves on changes in the extent of mangroves over a 42 years span in the Douala-Edea NP, Cameroon. Mangroves are valuable ecosystems that provide significant biological, environmental, ecological, and cultural functions. To inform the development of management plans for the ecosystem’s sustainability, it is crucial to evaluate how their land cover, levels of degradation, and phases of restitution have changed. GIS and remote sensing techniques were used to classify and analyze Landsat images from 1980 to 2022 categorized into nine classes: bare ground, Nypa palms, settlements, coastal sedimentation, river sedimentation, regeneration, matured mangroves, dense forest, and water body. Using the Markovian chain approach, the changes noted during the period were utilized to forecast future trends up to 2052. Findings demonstrated that the mature mangrove area decreased throughout the study. The surface area covered by mature mangroves was 80,628.78 hectares in 1980, which decreased by 7.31%, 1.51%, 3.70%, and by 17% for the overall period of 42 years. Additionally, a gain of 6.84% from 1980 to 2022 was observed, probably from artificial mangrove regeneration. Settlements, invasive Nypa palms, bare ground (resulting from over-exploitation), and the sedimentation of rivers and coast primarily replaced mangroves. The prediction derived indicated the continuous decline in mangroves if not fully protected by law. The gazettement to National Park and recent promulgation of two laws are steps in providing the needed protection. These results provide vital information to direct future mangrove conservation actions in the recently gazetted Douala-Edea National Terrestrial and Marine Park and other mangrove blocks along the Gulf of Guinea. Full article

This scientific study focuses on the assessment of the legislation on land valuation, which takes place in the framework of selected administrative procedures in the Slovak Republic. The issue of land valuation is regulated in several pieces of legislation and, in terms of content, is their unifying feature of the valuation of land for public purposes. The reason for examining the determination of the so-called “administrative price of land” is the fact that, in practice, the administrative procedures analyzed are extremely time-consuming and considerably inefficient compared to other administrative practices. Another reason for analyzing the legislation on land valuation is the fact that they also have a direct impact on the speed of the related administrative procedures and on the use of land for private purposes and, therefore, on the actual exercise of the property rights to which the parties to those proceedings are legally entitled. The main objective of this study is to examine the quantity, quality, and differences of legislation allowing land valuation for land consolidation purposes and to compare it with land valuation for restitution and expropriation purposes. In the processing of the topic, we primarily used the method of critical legal analysis and suitable and available scientific methods designed for law examinations, such as description or synthesis. In the context of the examination, we also applied a comparative method to compare the development of the legal situation of the Slovak Republic with the Czech Republic. We also used scientific and doctrinal interpretations associated with the application of case law on Slovak and Czech legislation, as well as professional and scientific literature contained in the Web of Science and Scopus databases. The results of the study indicate that, despite the multi-annual effectiveness of the legislation, it would be appropriate to resolve the problems encountered in the Slovak Republic by adopting a new code regulating the issue of land consolidation. Full article

The compossessorates are traditional Transylvanian commons. They were disbanded during the Communist regime and re-established after 1989 according to the successive laws concerning land restitution. The current article highlights the importance of compossessorates in the Olt Land (in the south of Transylvania, Romania) as partners involved in projects focused on the sustainable development of the area. To this end, the paper presents the main features of contemporary Romanian commons, underlines the sustainable traditional orientation of compossessorates, and signals the latter’s difficulty in establishing relations with environmental protection-oriented NGOs, in this case Foundation Conservation Carpathia which focuses on establishing a national park in the area. Consequently, the methods employed to achieve all of the above was the thematic analysis of publications found in the Anelis+ databases which were considered relevant for the theme of Romanian commons, and the content analysis of some normative acts and compossessorates’ by-laws dating back to the first half of the 20th century. The information on the relations between the commons and NGOs were retrieved from the official websites of the organizations, and from the media. The article shows that current compossessorates have social potential and economic efficiency. Their existence in the Olt Land is significant from an identity-based perspective. The latter is built upon the common interest of law makers and locals to constructively manage the forestry fund and respect property rights. Their functioning can be made more efficient. Both these and the NGOs openly state their sustainable orientation and that could contribute to reducing the tensions between them through correct communication. Ignoring the compossessorates’ sustainable orientation and their community prestige could sabotage any sustainable local development project if they are not consulted and invited as partners. Full article

This article presents an analysis of the complexities implied by the implementation of the Colombian land restitution policy, as an example of the way in which the state works in its day-to-day practice. The document highlights the role played by the bureaucracy of “land” in the management of the so-called post-conflict setting. It is constructive in showing the multiscale nature of the state, whose operation cannot be understood outside the various levels and scales that compose it. This conception is very well exemplified by the typology of the bureaucracies to which it resorts in order to explain the different meanings of notions, such as “conflict,” “land” or “victim,” for the public officials according to the position they fill in the institutional architecture of restitution. By analyzing the research findings, the author reveals that it is emotional, rather than material, benefits that condense the state’s role in the Colombian post-conflict period. Full article

After eight years of civil war, parts of Syria are now free from conflict. In recognition of the return to peace, the government officially welcomes back all who fled the country to escape violence. Yet, a pattern of property expropriation supported by the government during the war limits the ability of some to return and reclaim their homes and businesses. We argue here that intentional changes to law and policy regarding property rights during the war has led to asset losses for members of groups opposed to the government and created a barrier to property restitution and the return of these groups. We examine legal documents and secondary sources identifying government actions and their impact, noting the proliferation of laws that systematically erode the property rights of people who lack proximity, legal status, and regime allies. As the results of these laws manifest after the war, a disproportionate number of Syrians who opposed the government will find themselves without the houses, land, and property they held before the war began. Full article

Land restitution carries implicit recognition of some previous claim to ownership, but when are first claims recognized? The concepts of first possession and original acquisition have long been used as entry points to Western concepts of property. For Austronesia, the concept of precedence is used in customary systems to justify and describe land claims and Indigenous authority. Conflict and political change in Timor-Leste have highlighted the co-existence of multiple understandings of land claims and their legitimacy. Considering customary principles of precedence brings into relief important elements of first possession important in land restitution processes. This paper juxtaposes the concept of original acquisition in property theory to two different examples of original claims from Timor-Leste: a two-part customary origin narrative from Oecusse and the development of a national land law for the new state. In these three narratives, we identify three different establishment events from which land authority develops. The article then uses this idea of the establishment event to explore five points of customary-statutory intersection evident from the land restitution process: (1) legitimate sources of land authority; (2) arbitrary establishment dates; (3) privileging of social order; (4) recognition of spiritual ties to land; and (5) the possibility for reversal. Full article

In Colombia, right-wing leadership returned to power after winning the presidential elections in 2018 in a campaign in which they opposed the previous government, primarily because of the negotiations and peacemaking with the FARC-EP (Fuerzas Armadas Revolucionarias de Colombia—Ejército del Pueblo ‘Armed Revolutionary Forces of Colombia—People’s Army’), Colombia’s largest guerrilla organization. Globally, there is a vibrant academic debate about how to characterize the current rise of right-wing populism or authoritarianism, but more profound insights from each country’s situation and its political economy implications are needed. The victory in Colombia was due to numerous factors, including the support from some rural elites who have historically obstructed the enforcement of redistributive land policies. However, the populist aspirations of the right-wing government have been persistently frustrated not only by social unrest and political mobilization but also because of the enforcement of institutions previously incorporated into the country’s political scenario. Specifically, in terms of agrarian political economy, two sets of human rights-oriented institutional changes are relevant regarding this matter: (a) the Land Restitution Law enacted in 2011 and (b) the Comprehensive Rural Reform contained in the Agrarian Chapter of the Peace Agreement between the national government and the FARC-EP in 2016. The purpose of this paper is to ground the ongoing theoretical and political debate about the rise of different forms of populism and right-wing authoritarianism in the current Colombian political context, and its implications on the countryside. The analytical contribution of this paper is twofold: On the one hand, I propose an alternative for explaining the nature of the current political regime in Colombia as right-wing authoritarianism; on the other hand, I analyze some features of such regimes in terms of its disputes with the enforcement of human rights-oriented institutions, that are in force as the result of political processes triggered by peasants’ mobilization. Full article

Civil war and violence often force large numbers of people to leave their lands. Multiple waves of displacement and (partial) return generate complex overlapping claims that are not easily solved. As people return to their regions of origin—sometimes after decades—they tend to find their land occupied by other settlers, some of whom hold legal entitlements. In the places of arrival, displaced people affect other people’s access as they seek to turn their temporary entitlements into more definite claims. The overlapping claims related to displacement pose serious dilemmas to land governance, which existing land laws and land governance institutions are not well-equipped to deal with. This paper outlines the main challenges for land governance as a first step to move the debate forward. The paper summarises the key challenges around three tensions: first, between short term conflict resolution and structural solutions; second, between state and customary/community-based governance; and finally, between principles (such as the right to return or restitution) and acknowledgement of the new situation. Full article