Environmentalism, Contested Meanings of Consultation and Developmental Projects in South Africa, 2007–2024
ABSTRACT In 2007, the Constitutional Court ordered that the South African government must enforce the principle of sustainable development in awarding environmental authorisation for developmental projects. This legal mandate, rooted in the Constitution, has been a powerful tool for environmentalists in their fight for sustainable development. Armed with appropriate legal apparatus, environmentalists continue to lodge protests against development initiatives. This article examines how environmentalists have shaped the discourse around the meanings of consultation and development since then. With more control and ligating leverage, they vehemently oppose undertakings that have potentially adverse impacts on the environment, the people and their heritage. Environmentalists have successfully persuaded courts to value the importance of sustainable development, climate crisis, customary rights and intangible cultural heritage, as well as consultation and public participation, making it difficult for the state and industry to implement any projects. While environmentalists have complicated state implementation of development projects, they have entrenched the protection of land rights and participatory democracy. The findings help us imagine the proper implementation of future development projects. The article underscores the importance of South Africa’s Constitution in ensuring the functioning of democracy, particularly in how it empowers communities to protect their land.
- Research Article
- 10.11113/oiji2024.12n1.261
- Jun 28, 2024
- Open International Journal of Informatics
Like in other parts of the world, land rights are crucial for f farmers in China too for they livelihoods and well- being. However, farmers often face various challenges in protecting their land rights, such as unclear property rights, inadequate legal protection, and insufficient compensation for land acquisition. This paper aims to establish a conceptual framework for understanding the protection of farmers' land rights in China thus addresses the farmer’ land rights problems in a better manner. The proposed framework which is built based on review of existing literature and an analysis of the current situation of farmers' land rights protection in China focuses on legal, institutional, and social dimensions. The legal dimension examines the legal basis for farmers' land rights, their executions and the effectiveness of the legal regulations in protecting these rights. The institutional dimension explores the roles and responsibilities of various government agencies and organizations in safeguarding farmers' land rights. The social dimension considers the impact of social factors, such as culture, tradition, and power relations, on the protection of farmers' land rights. When adopted the proposed framework could serve as a comprehensive guidance for the policy and decision makers of the government, farmers and other stakeholders to understand the protection of land rights.
- Research Article
- 10.18411/trnio-04-2023-263
- Jan 1, 2023
- ТЕНДЕНЦИИ РАЗВИТИЯ НАУКИ И ОБРАЗОВАНИЯ
Данная статья рассматривает особенности защиты земельных прав граждан. В ней анализируются законодательные акты, регулирующие земельные отношения, а также практика их применения. Особое внимание уделяется формам защиты земельных прав, возможности обжалования незаконных действий органов власти и гражданской ответственности за нарушение земельных прав. В заключение статьи предлагаются рекомендации по укреплению защиты земельных прав граждан в условиях современной правовой системы.
- Research Article
1
- 10.32983/2222-0712-2023-3-149-156
- Jan 1, 2023
- THE PROBLEMS OF ECONOMY
The article discusses the essence of the category of «stakeholder» and the development of approaches to determining the influence of stakeholders on the implementation of regional development projects. The process of organizing regional development with the involvement of stakeholders, the development of the interpretation of the category of «stakeholder» and their role, as well as approaches to determining the degree of their influence on the implementation of regional development projects are analyzed. It is defined that regional development projects have separate characteristics that vary depending on their directedness, direction, implementation period and level, and are designed to address a number of issues related to the development of a particular territory. It is defined that stakeholders are a dynamic category and, according to their role in the process of implementing regional development projects, can change over time or depending on various factors. According to the role and interests of stakeholders in the processes of formation, planning and implementation of development projects, they can be divided into separate groups, namely: local, economic, social, environmental, and international groups. Each individual group of regional development stakeholders performs a certain unique function in the process of implementing regional development projects, which is aimed at their implementation and achievement of the set goals, as well as the realization of the stakeholders’ own interests. Taking into account the specifics of different groups of stakeholders, a scheme of roles of specific groups of stakeholders in the context of regional development was built, which in the future will allow to provide a more open and comprehensive approach to planning and implementing regional development projects. The influence of stakeholders on the process of implementing a regional development project is constantly changing and is measured by three main attributes, namely: power, interest, and dynamics. The role of stakeholders in the regional development process is to ensure a broader and more diverse approach to the planning and implementation of regional development projects. This is an important aspect, as taking into account the different voices, proposals and needs of stakeholders contributes to the successful achievement of the set goal. Thus, it will allow adapting the entire process of implementing regional development projects in accordance with new circumstances and challenges, which will contribute to the achievement of the goal.
- Research Article
- 10.48346/imist.prsm/ajlp-gs.v4i2.20081
- Apr 12, 2021
- HAL (Le Centre pour la Communication Scientifique Directe)
Context and background In Senegal, the rise in land disputes leads to questions about the place of the administration judge in the protection of the land rights of citizens. Indeed, most of the conflicts that arise either between farmers and herders, or between populations and private investors, are often resolved through alternative methods, namely conciliation or land mediation. Some conclude that there is a “preponderance” of alternative modes of resolving land disputes over jurisdictional modes. Moreover, the marginalization of the litigation process is largely explained by the exaggerated use of alternative methods of settling land disputes. However, in recent years, land disputes have been brought more and more before the administrative chamber of the Supreme Court. Goal and objectives This study aims to highlight the place and role of the Senegalese administration judge in the resolution of land disputes. The objective is to test the effectiveness of court decisions compared to alternative methods of resolving land disputes such as mediation or conciliation. Methodology The methodological approach consisted on the one hand in carrying out in-depth research in centers specializing in land governance such as NELGA (AOF) located at Gaston Berger University in Saint Louis (Senegal), in order to use the necessary documentation. On the other hand, research at the Supreme Court (Dakar-Senegal) made it possible to collect and use important decisions in land matters. Results Research results have shown that the administrative judge is increasingly moving towards better protection of the land rights of citizens. However, this relative jurisdictional protection deserves to be improved and readapted to the current requirements of the rule of law. Today, the role of the judge in resolving land disputes is becoming imperative in the context of the rise of large-scale land grabs, insecurity and land corruption.
- Research Article
- 10.33098/2078-6670.2024.17.29.156-164
- Jun 12, 2024
- Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi
Purpose: the purpose of the article is to conduct an analysis of the features, forms and procedures for the protection of land rights in local self-government bodies, to identify legal defects in the specified area and to justify proposals aimed at guaranteeing the land rights of subjects of land legal relations in Ukraine. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the research, such methods of scientific knowledge were used: comparative-legal, systemic-structural, analysis and synthesis, historical method. Results. In the process of research, it was established that the protection of land rights in local self-government bodies can be carried out in the following forms: consideration of citizens' appeals and resolution of land disputes. In the science of land law and in practice, the role of local self-government bodies in the protection of land rights and the resolution of land disputes is not unequivocally assessed, because there are problems associated with the low efficiency of the procedures for the protection of land rights by local self-government bodies, in particular at the stage of implementation of their decisions in the land spores. Originality. In the course of the conducted research, it was found that the resolution of land disputes by local self-government bodies has the following features: an exhaustive list of land disputes that they are authorized to resolve; the decision of the local self-government body regarding a certain land dispute does not have prejudicial significance; to ensure the resolution of land disputes, local self-government bodies may form conciliation commissions, the decisions of which are not recognized as the actual decision of the local self-government body, however, the protocols of the conciliation commissions of local self-government bodies may be accepted as evidence in the process of judicial resolution of a land dispute. Practical significance. The results of the study can be used in the research field - for the further development of the problems of legislative regulation of the resolution of land disputes by local self-government bodies, as well as in the rule-making work - in the preparation of projects of normative legal acts aimed at improving the legislative regulation of the protection of land rights of land subjects legal relations in Ukraine.
- Research Article
2
- 10.53819/81018102t4064
- Aug 25, 2022
- Journal of Entrepreneurship & Project Management
Project execution has a great impact on the sustainability of growth and expansion of projects inthe world. Several studies have been conducted to examine the project implementation success in different ways, including a time limit, money, client satisfaction, and effectiveness. The core objective of this study was to assess the influence of public participation in implementing development projects in Kasarani constituency in Nairobi City County. The study was guided by two theories public participation theory and project management theory. The study employed a descriptive research design and a random sampling method. A sample size of 254 respondents were used. Data collection was conducted using semi-structured questionnaires on online forums and others provided phyisially to the respondents. Data was captured in Excel for longevity and analyzed using Statistical Package for Social Sciences (SPSS), Version 21.0. Both descriptive and inferential statistics were employed to analyze the data. From results, the study established that there was a statistically significant influence of public participation on project implementation, implying that an increase in public participation leads to an increase in project implementation. The study concludes that a positive increase in public participation leads to an increase in Project Implementation. It was recommended that the government should also increase the accessibility of project implementation information to the public to facilitate the accountability claims from the public to the people responsible. Keywords: Public Participation, Project implementation, development projects, Kasarani Constituency, Nairobi City County
- Research Article
- 10.24144/2788-6018.2022.03.25
- Sep 28, 2022
- Analytical and Comparative Jurisprudence
The article is devoted to the problem of ensuring the protection of land rights violated in the process of performing registration actions, its forms and features. Modern legislation in the field of state registration is analyzed in detail. The main focus of the article is on modern protection problems in the field of state registration of the rights of subjects of land relations. The article states that the state registration of the rights of individuals and legal entities is a separate important area of ensuring the guarantees of these rights of subjects. The relevance of this issue in modern conditions is emphasized. Emphasis is placed on the complexity of legal regulation of land registration relations. Scientific works of scientists on solving the specified problem are given. It is emphasized that the evasion of citizens and legal entities from the state registration of land plots in accordance with the Land Code of Ukraine is one of the violations of land legislation. It is noted that the land rights of citizens and legal entities may be violated in the process of registration activities by authorized persons in the sphere of exercising their respective powers and require protection and restoration. The legal position of subjects exercising powers in the field of state registration of rights is studied, a separate place in the article is devoted to state registrars of rights to real estate. The administrative and judicial procedure for the protection of violated rights in the specified area as a result of decisions, actions or inaction of the relevant officials has been analyzed. It is emphasized that the peculiarity of the protection of land rights of citizens and legal entities is due to the fact that the state registration of land plots precedes the state registration of rights to land plots. The lack of state registration of a land plot does not allow registering the relevant property right to it. It is emphasized that the protection of rights consists in the elimination, recognition as illegal (invalid) of decisions, actions and inaction of officials who exercise powers in the field of state registration of land plots and rights to them. Ways of protecting land rights in court are analyzed.
- Dissertation
- 10.31390/gradschool_dissertations.4955
- Jun 5, 2019
The main objective of this dissertation was to assess Louisiana State University College of Agriculture Faculty Members' Cultural Intelligence and Kenyan Workshop Participants' Knowledge and Attitude towards International Development Projects. The study examines key aspects that contribute to the implementation of international development projects: describing the landscape of what is known about international development projects in Kenya; assessing perceptions of faculty members of a southern United States land-grant university who are in charge of the development and implementation of international development projects; and evaluation of program impacts on selected local participants of a project in Kenya. The overall findings of this study may allow the incorporation of different aspects to the design, recruitment and implementation of development projects. It is important to understand the characteristics of the different projects that are currently undergoing in the community and a review of literature allows this identification. Every country and community will always have different needs that should be assessed and these characteristics are always important for the sustainability of these projects. It is important to accommodate projects as much as possible for the specific characteristics of the population of that community in order to obtain a higher impact of the project.
- Research Article
- 10.17072/2218-1067-2025-1-66-79
- Jan 1, 2025
- Вестник Пермского университета. Политология
The article substantiates the author's concept of using the process and project approaches to the participation of local communities in decision-making related to territorial development conflicts. The ability to influence decision-making through institutional mechanisms for coordinating interests is one of the key conditions for using the constructive potential of conflict. The limitation or absence of such opportunities leads to a destructive scenario of conflict development associated with delays in the implementation of development projects or their abandonment. The process approach entails the involvement of communities within the framework of routine political and managerial procedures; its potential in the implementation of development projects is limited. The project approach allows communities to be involved in all stages of project design and implementation, ensuring that they are supported and their interests are considered. The study identifies the main mechanisms of community participation within each approach, the expected outcomes of community participation, and the differences between the approaches. Typical mistakes in the process of community involvement and their negative consequences are also identified. By analyzing three conflict situations in Krasnodar, the project approach is used to assess their development prospects. Further development of the author's concept and its use in the implementation of regional development projects are highlighted
- Research Article
1
- 10.15330/apiclu.51.99-110
- Aug 6, 2019
- Actual problems of improving of current legislation of Ukraine
The article deals with the theoretical and legal research of the Institute of Land Disputes as a separate type of land legal relations. The modern scientific concepts of understanding the legal nature of the settlement of land disputes in the science of land and environmental law are analyzed. It is concluded that the legislative consolidation of the settlement of land disputes as a guarantee of land rights determines the peculiarities of determining the content of this legal category as a type of land legal relations, regulated by the rules of land legislation.
 On the one hand, as a guarantee for the protection of human rights, the resolution of a land dispute is viewed through the prism of its effectiveness, which is ensured (implemented) with the help of public authorities within the powers defined by law to make a decision that will restore the violated, unrecognized or contested right. On the other hand, the settlement of land disputes is seen as a kind of land management relations of procedural content.
 On the basis of a systematic analysis of the provisions of the Land Code of Ukraine, it is concluded that Section V of the Land Code of Ukraine contains only legal guarantees for the protection of land rights, not guarantees for land rights, and leaves out the guarantees of realization and protection of land rights, which are defined outside this section.
 The urgent issue remains the effectiveness of resolving land disputes and strengthening its importance as a guarantee for the protection of land rights. This raises practical problems of differentiation of competence, efficiency of procedures of consideration of cases and execution of decisions in land disputes. The lack of quality legal regulation causes the settlement of land disputes as a guarantee for the protection of land rights not receiving proper practical implementation and to some extent being declarative.
- Research Article
- 10.3968/4965
- Jul 25, 2014
- Higher Education of Social Science
The land is the fundamental guarantee of farmers’ life. There should be no gender discrimination in the protection of land rights and interests, while now in China many of these phenomena do exist. Many women’s rights and interests are being destructed. Due to the great significance of maintaining their rights and interests to China’s economic development and the building of a harmonious society, so there is a must that the protection on women’s land rights and interests should be improved in such aspects as legislative, judicial and so on.
- Research Article
- 10.38035/jlph.v5i5.2018
- Jul 24, 2025
- Journal of Law, Politic and Humanities
The Job Creation Law (Law No. 11 of 2020) as a national strategic policy has sparked controversy, particularly concerning the protection of land rights for indigenous peoples and vulnerable groups. This research is grounded in the concern that the law shifts the orientation of agrarian policy from a social justice paradigm toward investment acceleration, potentially neglecting constitutional community rights. This study aims to critically examine the Job Creation Law and assess the relevance of international legal principles—especially Free, Prior, and Informed Consent (FPIC) under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)—in safeguarding land rights in Indonesia. Using a library research method and a critical-juridical approach, this study analyzes national legal provisions, international norms, and comparative agrarian regulations in other countries. The findings indicate that the Job Creation Law does not sufficiently incorporate the FPIC principle, weakening the bargaining power of indigenous and local communities in land acquisition for national projects. Furthermore, the lack of an independent oversight mechanism and an effective agrarian dispute resolution system undermines legal protection. Comparative analysis highlights the need to recognize collective rights and community participation. In conclusion, the law should be revised and harmonized with international legal standards to strengthen community rights through inclusive mechanisms and independent institutions
- Research Article
- 10.31891/2307-5740-2022-304-2(1)-25
- Mar 18, 2022
- Herald of Khmelnytskyi National University. Economic sciences
The article considers the specificity of leadership in stakeholder interaction management in implementation of sustainable development projects and highlights that large-scale and complexity of the execution of relevant development projects has needs for effective leadership, which is able not only to form an attractive future model, but also to involve all actors in the realization of plans. This paper characterizes the specifics of the motivational function of leadership in working with interested persons and argues that it is important to ensure the effectiveness of stakeholder interaction in the implementation of development projects. I use my own interpretation of the term “motivational potential of a leader” in relation to work with stakeholders. I emphasize the necessity of adequate methodological substantiation of ways of positioning different groups of interested persons in the environment of enterprise activity. I propose my authorial scientific approach for the company stakeholder positions on the strength of their effect and place on decision-making concerning sustainable development projects. The research underscores that understanding the strength of the impact of different stakeholder groups on decision-making allows management to reasonably defend the company position in the negotiation process with representatives of each group, choosing valence ways to satisfy the interests of those who can be most useful at every stage of development projects.
- Research Article
18
- 10.30659/akta.v7i2.7963
- Aug 13, 2020
- Jurnal Akta
The purpose of this study as follows: 1) To identify and explain the legal protection of land rights holders as a result of the loss of data in the land office Kendari. 2) To identify and explain the impact of the destruction of land records of the rights on public land in Kendari. 3) To identify and explain the legal aspects of the legal protection of land rights data recovery results.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview BPN in Kendari.Secondary data were obtained from literature studies. Based on the results of research that legal protection to the right holder on the ground due to the loss of data in the land office are: 1) BPN only provide legal protection to the certificate of land rights have been restored archives; 2) The purpose of data recovery is providing legal protection for the land rights archives destroyed. BPN perform data recovery and ratify certificates and land books and letters Perkaban the measure under Article 18, Act No. 6 of 2010. The destruction of land records can weaken the strength of the evidence as a certificate as evidence of land rights. The impact of the destruction of land records of the rights on public land in Kendari are: 1) the destruction of land records can weaken the strength of the evidence as a certificate as evidence of land rights; 2) the impact of the destruction of land records lead to certificates of land rights before the restored data can not be used as evidence to take legal actions; 3) loss or destruction of land records will not necessarily be able to eliminate / abolish the rights to the land concerned. Legal aspects of the legal protection of land rights data recovery results are 1) a substantial aspect, 2) structural aspects, 3) cultural aspects.Keywords : Legal Protection; Rights to Land; Land.
- Research Article
- 10.37284/ijgg.4.1.2637
- Jan 24, 2025
- International Journal of Geopolitics and Governance
Institutions and individuals partaking in projects that have an impact on the wider community cannot overlook the power of public participation. The Kenyan constitution also applies this people-centred approach as enshrined in the creation of the National Government constituency development fund and the 47 counties. Key benefits of public participation include the inclusion of diverse perspectives in decision-making and a better understanding of the community’s needs. However, it appears that there is limited literature regarding how meaningful public participation impacts the capacity of a community to work in coordination and sort out its problems. The current study aims to address this gap by assessing the effect of public participation on the implementation of development projects in Lamu County, Kenya. The Ladder of Citizen Participation Theory was adopted in this study. In the study, all managers and staff members from the County Government of Lamu, who were 390 in total, formed the study population. A descriptive research design was employed. Stratified sampling and simple random sampling techniques were applied in the selection of the 196 study participants. The tools of study used were questionnaires and interview guides. Quantitative data from the questionnaires were analysed through descriptive statistical techniques. Further, there was hypothesis testing in quantitative data analysis to establish whether there is a relationship between public participation and project implementation in Lamu County. Specifically, regression analysis was adopted to establish whether there exists any association. Qualitative data from the interview guides were analysed through thematic analysis. The results reveal that public participation has a significant association with project implementation in Lamu County. Moreover, it was established that the public participation process is not effective when tested against evaluation criteria and recommends the establishment of an evaluation criteria that guarantees effective public participation