<b>El dispositivo jurídico de la propiedad colectiva en el régimen agrario putumayense</b>

D ISCUSSIONS of the efficiency of various systems of land tenure are marred by all sorts of imprecision in analysis. Economists have developed a clear notion of economic efficiency but discussions of land tenure invariably bring in some sociological and wealth-distribution constraints when discussing the efficiency aspects of tenure systems. Social anthropologists and others stress that certain tenure systems are integral parts of social systems involving such things as insurance for old and young, with the implication that even though these tenure systems might not facilitate (pecuniary) wealthmaximization, yet the non-pecuniary wealth facilitated provides "enough" compensation in some general welfare sense. I shall discard such sociological arguments because I believe that there is no reason why the sociological benefits of particular tenure systems cannot be obtained by some alternative arrangement while creating a tenure system that is designed to facilitate wealth maximization and wealth increases.

Using Colombia as a case study, this chapter focuses on women and land rights in post-conflict societies. It begins with a brief history of land rights for women in Colombia both before and during the conflict and explores the roots of Colombia’s protracted armed conflict in unequal land distribution policies and peasant exploitation. The chapter describes challenges associated with land restitution in Colombia through an examination of the successes and challenges of the Victims and Land Restitution Law. It focuses on gendered obstacles related to security and local governance, the general informality in land tenure, and patriarchal practices and culture in rural society. The chapter closes with a call for an increased focus on women’s economic and social rights in transitional societies and articulates a vision of restitution laws as having the potential for transformative, forward-looking change.

Law 1448 of 2011, known as the Victims and Land Restitution Law, embodied the Colombian State’s interest in rebuilding the social fabric fractured as a result of violence and the inability of the national government. With compensation and land restitution, the law paved the way for making reparations to the victims of a conflict that not only violated rights, but also ended many lives and cut short many dreams. The 10-year term of the law, starting from the year of its enactment, determined a period in which, in theory, a lasting peace process would take place and reparations would be made to all victims to date. Therefore, considering the implications of the usefulness of the extension of Law 1448 of 2011 with respect to land restitution will make it possible to identify the state of compliance with the spirit of the law in terms of the satisfaction of the rights of the country’s ethnic and peasant communities that were and continue to be scourged by the scourge of violence.

Bread or justice - Land restitution and investments in Montes de Maria, Colombia

SummaryThis paper critically analyses the process of social construction of the definition of victim in the Ley de Víctimas y Restitución de Tierras (Victims’ and Land Restitution Law), enacted in Colombia in 2011. This law arose out of a negotiated agreement, and the main concern is the definition and cut-off point of 1991 for land restitution which is viewed as a form of deal or ‘political settlement’. In this article, the main centre of attention is to understand the complex changes and shifts that took place in how a victim was defined in the context of this law. The methodology consists on a documentary review of statements made by the government, politicians, civil society and scholars during the four debates carried out in the Congress and the forums hold with civil society. This exercise was done through a social-constructivist approach and suggests that the victims’ own priorities should be central to legal definitions of a “victim” in Colombia.

Kakamega Forest and its environs have undergone rapid changes in land tenure and land use activities in recent years. Consequently, changing land tenure and land use and their impact on local communities’ conservation initiatives have become central in conservation debates. Despite this, wildlife conservation is constrained by a legacy of top‐down government approaches that do not recognize indigenous land and resource rights. Yet effective conservation is only possible where land ownership, tenure security, access and use rights and legitimacy of authority exist. This paper examines the link between land tenure and the Isukha community’s participation in wildlife conservation within and around Kakamega Forest National Reserve in Kenya. Results indicate that there is a link between land tenure and the Isukha community’s participation in wildlife conservation. Results also indicate that as in other African countries, the introduction of radical land reforms and wildlife conservation laws and policies impacted negatively on the community’s indigenous land rights as well as their participation in wildlife conservation.

Research QuestionDisputes over the corporate governance impacts of common ownership continue. Differentiating from existing studies, we focus on the Chinese stock market, exploiting the Top 10 Shareholding File, which includes various investors besides institutional investors, to study the impact of common ownership built through blockholders on corporate risk‐taking behavior.Research FindingsWe find that firms with higher common ownership are less likely to engage in corporate risk‐taking, with concomitant decreases in future growth rates. Mechanism analysis shows that blockholders' common ownership exerts its influence through increasing market concentration, with concomitant lessening of market competition. Interestingly, further analyses indicate that, in contrast to blockholders, ownership connectedness built by mutual fund families significantly raises corporate risk‐taking along with growth. However, individual investors' common ownership does not show the significant statistical relationship with corporate risk‐taking.Theoretical ImplicationsWe add to the debate on common ownership on corporate governance. Consistent with the anti‐competition stream of literature, the risk‐taking‐reduction role we identify for blockholder common ownership supports the theory of anti‐competition. Our results highlight the need to consider the heterogeneity of common ownership.Policy ImplicationsWhile blockholder common ownership is evidenced to have a negative effect on corporate risk‐taking, with, by extension, a negative impact on economic development, our results also suggest that efficient monitoring mitigates these effects. We also document an interesting heterogeneity in investor types. Mutual fund common ownership, in contrast to blockholder common ownership, is associated with higher risk‐taking and more robust firm growth. This suggests the positive role of institutions in corporate governance and the necessity of considering the heterogeneity of common ownership.

Tenure, Agricultural Investment, and Productivity in the Customary Tenure Sector of Malawi

The Inter-American Court analyzes the scope and content of the obligation of reparation of indigenous peoples when it has been determined that the restitution of ancestral lands and territories is not possible, and establishes the protection of collective indigenous lands to the "alternative" lands assigned as compensation for the displacement of these indigenous peoples by the State. The above, in the context of the displacement of the Kuna indigenous peoples of Madungandí and Emberá of Bayano due to the construction of the Bayano hydroelectric complex and their subsequent resettlement in alternative lands. The Court, consistent with its jurisprudence, points out that indigenous and tribal peoples have the right to effective and expeditious administrative mechanisms to protect, guarantee and promote their rights over indigenous territories, through which the processes of recognition, titling, demarcation and delimitation of their territorial property can be carried out. Therefore, the Court declares the State of Panama internationally responsible for the violation of the right to indigenous collective property; for the failure to comply effectively and in a timely manner, and for the sustained and unjustified delay in delimiting, demarcating and titling the lands assigned to these peoples; as well as for not having guaranteed the effective enjoyment of the collective property title of the Piriatí Emberá community by granting a title to private lands to a non-indigenous third party within the lands in the process of being assigned to this community.

토지제도 특성이 농업 생산에 미치는 영향 비교: 에티오피아와 말라위를 중심으로(Land Tenure Security, Institution and Agricultural Production: Evidence from Ethiopia and Malawi)

This paper focuses on the first collective titles of 1996 and 1997. It interrogates Collective Land Titling (CLT) processes and examines the differences between the actors that participated in them. It argues that communities’ narratives around their achievement did not conform to those of the other actors involved in granting the collective titles received in 1996 and 1997 or with the characterization of CLT processes as successful land reform. CLT functioned as a policy to recognize black communities’ historical presence in the Pacific region and their informal land ownership regimes in lands historically marginalized by the Colombian state.

This paper focuses on the first collective titles of 1996 and 1997. It interrogates Collective Land Titling (CLT) processes and examines the differences between the actors that participated in them. It argues that communities’ narratives around their achievement did not conform to those of the other actors involved in granting the collective titles received in 1996 and 1997 or with the characterization of CLT processes as successful land reform. CLT functioned as a policy to recognize black communities’ historical presence in the Pacific region and their informal land ownership regimes in lands historically marginalized by the Colombian state.

Governance of the forest restitution process in Romania: An application of the DPSIR model

Does secure land tenure save forests? A meta-analysis of the relationship between land tenure and tropical deforestation

In the last decade, transnational migration research has gained considerable ground in geography. There is still more to be done, however, in order to understand the complex relationship between migrants and the lands they leave behind. The island of Barbuda in the Lesser Antilles is the ideal place to study the larger issues of transnational migration on a smaller scale, particularly research that focuses on both migration and land tenure. Barbudan land tenure is common property, something that was in practice for more than a century and formalized into law in January of 2008. Because of this particular system of land tenure on the island, this dissertation contributes not only to the transnational-migration literature but also that of common property, especially the broader themes of migration’s impacts on common property regimes as well as communal-land tenures in transition. Through a variety of methodologies, which include interviews, participant observation, archival research, and mental mapping, I suggest that Barbudan communal lands have undergone tremendous changes over the last three decades as the island’s economy has shifted away from livestock and subsistence agriculture. Yet even despite these changes, Barbudans are still creatively negotiating their land rights just as they have always done. During this transition, Barbudans have accommodated the migratory nature of the islanders, insisting that any study of the Barbudan commons also include the historical and present-day role of migrants as it relates to the land. Through archival research, I highlight how Barbudan migrants have sought to protect the land tenure and how they are making use of those land rights today. Through mental mapping and follow-up interviews, I show generational difference among land-use practices but more importantly, I promote the use of mental mapping as an essential methodology for migration research. In the latter two chapters, I explore the complexity of Barbuda’s transnational spaces in part pushing the bounds of migrant experiences through the theoretical offerings of emotional geographies. Finally, I argue that transnational migration researchers have generally underestimated the agency of migrants utilizing “slower” forms of communication in facilitating complex connections through what I contend is a transnational communicative space.