Land Alienation Research Articles

ANALYSIS OF THE PERSPECTIVES OF INTERNATIONAL ENVIRONMENTAL COOPERATION FOR THE CENTRAL REGIONS OF UKRAINE

The conducted analysis of the prospects of international environmental cooperation for the central regions of Ukraine showed that the most developed area of cooperation is green tourism, which is rapidly developing in the central regions. To a large extent, this is due to the natural conditions and the preserved archaism of local life that attracts tourists. On the other side, the support of green tourism by the government, improvement of the material condition of owners of green homesteads increases the interest of local communities in cooperation with international organizations. Using of international experience in the field of energy saving by local communities is being implemented by individual farms at the level of individual relationships with international organizations, but it has no massive component. Cooperation of the central regions of Ukraine with the international community is the most promising in the direction of forming a transnational ecological network. The main reserve for the formation of a regional ecological network is the lands of the water fund, degraded and unproductive agricultural landscapes. The allocation of lands for the water fund and its mapping must use plans and requires adequate financing. The threat to implementation of the regional program for the development of the ecological network and its coordination with transnational ecological corridors is the lack of financing and inconsistency of the resolution of the land ownership rights in the alienation of land to the nature reserve fund. The use of funding from international environmental funds in the central regions of Ukraine is limited due to the lack of experience in the participation of environmental NGOs in international ecological projects aimed at nature conservation, the lack of interest of local communities in land alienation in the nature reserve fund.

Postcolonial dilemmas in Kiran Desai’s The Inheritance of Loss

The paper will try to analyze Kiran Desai’s Booker winning novel The Inheritance of Loss as story dealing primarily about the problems of migration faced by her characters, their tensions and dilemmas. One of the major concerns of diasporic literature is the problem of exile, displacement and the resulting consequences. Uprooting from one’s own home land is an agonizing process that brings numerous material and emotional traumas in the process of re-rooting in an alien land. The characters are often victims of circumstances and by the time they realize the problems, they are exhausted, miserable and frustrated. Even when they come back after their traumatic experiences, like the Judge in the novel, they often develop a sense of distrust and anger. They are in a state of confusion from which they find it difficult to come out. The paper will focus on the experiences of some of the characters in the novel – Jemubhai Patel, the Judge, and Biju, the son of Judge’s cook who is the central character of the novel. The book seems to suggest that true happiness does not lie in material wealth or comforts, but in one’s own dignity, identity and sense of belonging. In the novel, the characters especially Biju has to undergo number of traumatic experiences that brought a lot of material loss, but he has a spiritual gain- the realization of what brings true joy in life. Keywords: Alienation, Assimilation, Diaspora, Hybridization, , Identity, Immigrant, , Postcolonial

‘We are not afraid to die’: gender dynamics of agrarian change in Ratanakiri province, Cambodia

Dramatic changes have subverted the socially, culturally and resource-rich systems of indigenous communities living in Ratanakiri province. These changes include the incursion of market-based economy and commodification of land, the alienation of land and natural resources by way of economic land concessions (ELCs) and the inflow of large number of migrants from other regions and countries. Their cumulative impact has affected indigenous communities’ agrarian practices, their livelihoods and their system of beliefs and way of life, with important repercussions on social differentiation and gender relations. Based on fieldwork carried out in Ratanakiri province, this contribution analyses how emerging capitalist relations are shaping shifting gender relations and creating hierarchies of power that risk marginalising indigenous women and girls and eroding spaces of recognition, autonomy and agency they once had.

"We Will Show the Country": Bringing History to Life

"We Will Show the Country": Bringing History to Life

Tribal-Dalit Conflict Over Land: A Case of Narayanpatna Land Movement in the Koraput District of Odisha

Land as the most viable resource for sustaining tribal life is under threat because of continuous land alienation and encroachment in tribal areas of Koraput district (Odisha) in general and Narayanpatna in particular. Among the encroachers who alienate tribal land, the non-tribes and migrant Dalits from coastal areas of Odisha and Andhra Pradesh are present with other Hindu upper castes and landlords. The land laws preventing the sale of tribal lands to non-tribals remain in paper. The land dispute, which remained unsettled for generations with the negligence of the administration, was sought to be resolved by the concerted efforts of thousands of tribals led by the Chasi Mulia Adivasi Sangh (CMAS) of Narayanpatna. In the long run, through the movement, the tribals have been able to take their lands back from the clutches of ‘hooch traders’ (the Dalits, locally called as ‘Sundhis’ or local liquor vendors) and landlords, what was rightfully theirs. However, the government has done nothing concrete in this regard despite the continuous demands from the tribals to restore their lands and has, in fact, suppressed the movement with all brute force by arresting the tribal activists and projecting it as a brutal attack by the Maoists over the poor Dalits in the area.

Development as a Source of Conflict: The Sahukars, Displaced People and the Maoists in Koraput

The dominant debate in India on the role of development in reducing conflicts still remains open. Despite development measures by both state and non-state actors, conflicts continue to emerge frequently in the country. In Koraput district of Odisha state, development models implemented by the state and by non-state actors have accentuated conflicts. The Sahukar-model of development has caused land alienation among marginalised communities leading to conflicts between the landowners and the landless. Large-scale displacements caused by mega development projects have intensified the confrontation between the displaced and the state. The Communist Party of India-Maoist (‘Maoists’ in short) claims to have an alternative development model, which rejects the state-led development plan. The alternative model imposed by the Maoists—reclaiming land from the rich and adopting ‘Community Farming’—has further exacerbated the conflicts among various communities. Though the nature of conflict and its contenders keep changing, the conflicts as such refuse to die down in Koraput.

Repressive inclusion

ABSTRACTThis article examines the relation between emergency legal doctrine and racial sovereignty in the context of Palestine. It theorises Israel's multifarious emergency modalities in a colonial present paradigm where traditional territorial colonisation is fused with modern security biopolitics. The Israeli juridical-security apparatus mimics European liberal legalism in presenting itself as generally accepting of human rights obligations, save in circumstances where particular illiberal measures are necessitated on security grounds. These measures, however, comprise a pervasive patchwork of emergency modalities that have penetrated all spheres of Palestinian political, economic and cultural life. The retention and application of the British Mandate-era Defence Emergency Regulations as well as the constitutional state of emergency have produced an emergency marked by longevity and racialisation. Furthermore, Israel has invoked the emergency derogation option under international treaties to claim the legality of measures such as mass internment without trial. I articulate these dynamics of legality, emergency and sovereignty in terms of “repressive inclusion”: a racially contingent inclusion within – and repression by – the juridical order. This evokes the suffocating hold of racialised emergency legal structures. The consequences for Palestinian lives and bodies have been severe; the alienation of land and fragmentation of territory have been acute.

Modernizar para o capital: estratégias de valorização do capital na construção de Vitória-ES (1889-1930)

Este artigo investiga a modernização de Vitória-ES na passagem do século XIX ao XX. Com essa iniciativa, promovida pelo Estado para fortalecer as funções comerciais, criaram-se na cidade novas alternativas de valorização do capital pela instalação de infraestrutura e serviços urbanos. Nesse processo, surge a perspectiva de que a valorização da propriedade imobiliária como expressão do desenvolvimento das condições gerais de produção e reprodução do trabalho possibilitou ao capital rendas futuras crescentes, como se verificou na estratégia de capitalistas locais de compra de grande número de lotes urbanos, sobretudo na área do Novo Arrabalde. Isso indica que a urbanização foi, desde os primórdios, dominada por interesses mercantil-exportadores e patrimonialistas. Esta pesquisa baseou-se em revisão bibliográfica e informações de documentos oficiais como, por exemplo, relatórios de governo e processos de alienação de terras. O referencial teórico de análise procurou apreender a cidade articulada à estrutura econômica como condições urbanas necessárias à reprodução do capital. Para isso, foi preciso compreender o significado econômico da propriedade privada da terra na construção da cidade e o papel da cidade como centro regional na estrutura produtiva estadual.

西行における彼岸(故郷と異郷,第二十九回日本文学協会大会・文学の部シンポジウム)

西行における彼岸(故郷と異郷,第二十九回日本文学協会大会・文学の部シンポジウム)

Property and Difference in Nature Conservation

Social science research on nature conservation ascribes enclosures and the consequent evictions and dispossession of local people to unequal power relations. It reveals that the monopoly of power by the state configures new relations between local people and their natural resources, and legitimizes land grabbing. In this paper we build on this literature by engaging two questions. The first question relates to how land tenure regimes enable green grabbing and also configure the participation of local people in nature conservation enterprises. Knowing how land tenure regimes structure the involvement of local people in nature conservation is a necessary step toward an inquiry into the relationship between local people and protected areas. In the second question we ask how historical land tenure allocations enable current configurations of power relations in conservation areas. We use the case study of Mapungubwe on the Botswana‐South Africa‐Zimbabwe borderlands to demonstrate that historical land tenure allocations facilitate land alienation and the marginalization of local people in s.

IMMIGRANT EXPERIENCE AND SELF-IDENTITY IN BHARATI MUKHERJEE’S JASMINE: A STUDY

This Research Paper is an aim to attempt the traumatic experiences and cultural perplexity of the first and second generation immigrants and which explores the depth analysis of women consciousness, self discovery and their immigrant experiences among the male dominated society in Bharati Mukherjee’s Jasmine (1989), which set in the present about a young Indian woman Jasmine in the United States who, trying to adapt to the American way of life in order to be able to survive, changes identities several times. The state of exile, a sense of loss, the pain of separation and disorientation makes Jasmine as Immigrant personality in a quest for identity in an alien land. Jasmine, the protagonist of this novel, undergoes several transformations during her journey of life in America, from Jyoti to Jasmine to Jane, and often experiences a deep sense of estrangement resulting in a fluid state of identity. This Research paper finds out the research hypothesis, how the protagonist jasmine try to assimilate herself into foreign culture where she gains new independent individual identity.

KIRAN DESAI’S NOVEL, THE INHERITANCE OF LOSS, A RICH PROJECTION TO THE POSTCOLONIAL PANORAMA IN THE TWENTY-FIRST CENTURY

The present paper aims to bring forth the perception of the world in the postcolonial period in Kiran Desai’s Award winning novel, The Inheritance of Loss. The euphoria of liberalization and celebration of globalization have been skillfully denuded by Kiran Desai in her work. She demonstrated that though the advancement of technology professed to create wealth and well-being in integrating the cultural diversities, the fact is that there is a darker side where innumerable people are deprived of their basic human rights. Desai’s motive in writing The Inheritance of loss was to look beyond the general concept of globalization. With her optimism Desai finds the other disordered side of global economy, which are less discussed. In the background of colonial neurosis and multiculturalism, Kiran Desai explores the impact of globalization expressed in terms of financial security in alien lands, racial discrimination, bitterness of immigration, complexity of the high society and disenchantment borrowed out of the opulence of the West in the post-colonial era.

Erosion of Access to Resource, Poverty and Public Action in the Tribal Belt of Central India

The tribal communities, especially in the central belt of India, are characterised by declining access to land and other resources due to land alienation and increased diversion of forest and other common property resources (CPR) for development projects. As a result, a disproportionately high percentage of the tribal population has been displaced from its traditional pattern of livelihood without proper rehabilitation. Further, lack of human capital and bargaining power and feeble state action have led to the erosion of their livelihood base. Therefore, the need of the hour is to increase their bargaining power with different stakeholders through innovative educational strategies and other affirmative actions taken by government and civil society activists to determine their right to resources and restore their dignity and sense of identity.

Drews, Peter Heine und die Slaven. Die gesamtslavische Rezeption der Werke Heinrich Heines von den Anfängen bis zur Gegenwart (review)

SEER, 95, 2, APRIL 2017 348 of which was habitually discarded by those who would want any discussion of Russia’s literary achievements to stem solely from Pushkin — then her book does not quite meet the challenge of its title. Almost no attention is paid to Peter’s reforms — such as moving the Russian capital to St Petersburg, stripping the Russian Orthodox church of its patriarch, the introduction of a new calendar, the Table of Ranks and initiating Enlightenment — all of which were understood as revolutionary well before 1750 and before Derzhavin was even born. Yet, except for Lomonosov, Golburt seems to ignore the work of such writers as Prokopovich, Kantemir, Trediakovskii and the early Sumarokov, which introduced the notion of the ‘epochal’ significance of Peter’s reforms, whilst Trediakovskii’s changes to the system of Russian prosody (with Lomonosov’s enhancements) were just as epochal for modern Russian literature as anything accomplished in that century. Finally, even if one were to argue that Catherine’s rule alone was ‘epochal’ and emblematic of the entire century, as another Mikeshin Monument to Catherine the Great of 1873 might lead us to believe, it must be conceded that Golburt does not express this idea especially strongly. Nor does she focus on the writers during Catherine’s reign, for example, Derzhavin’s contemporaries Fonvinzin and Radishchev, who with respect to the Petrine period would have viewed her reign as anti-epochal. Yet, having expressed my misgivings about the book’s title, let me again stress the strength of the book’s content and its nuanced readings of key texts. I would certainly recommend it to all my students and colleagues as one of the more impressive achievements of recent scholarship. Slavic Department, Brown University Alexander Levitsky Drews, Peter. Heine und die Slaven. Die gesamtslavische Rezeption der Werke Heinrich Heines von den Anfängen bis zur Gegenwart. Slavistische Beiträge, 492. Otto Sagner, Munich, Berlin and Washington, D.C., 2013. 377 pp. Notes. Bibliography. Index. CD-rom. €38.00 (paperback). When was the last time any one of us in this field had a chance to employ the word ‘Pan-Slavonic’ in any other context than ironic? In his Heine and the Slavs, Peter Drews has accomplished the seemingly impossible: his encyclopedic account of one ethno-linguistic group’s infatuation with a singer of strange songs from an alien land amounts to proof that the much-vaunted all-Slavonic unity may exist not only in the minds of idealists and enthusiasts. According to this fact-driven narrative, the unprecedented wave of Heine-worship that swept over Russia in the second half of the nineteenth century was far from REVIEWS 349 endemic. By amassing evidence not only from the literary history of Russia, Ukraine, Belarus, Poland and the Czech Republic, but also from Slovakia, Slovenia, Croatia, Serbia, Macedonia and Bulgaria, Drews proves beyond the shadow of a doubt that a Slavonic appreciation of Heine has always been and continues to be a peculiarly durable phenomenon. As far as the annals of Slavonic cultures are concerned, it may well be without parallel, as even Goethe (and Byron, I would add) cannot rival the popularity and influence Heine enjoyed to the east of the Danube ever since he befriended a Russian diplomat by the name of Fedor Tiutchev in Munich in 1828 (see p. 11). Viewed superficially, ‘Heine in Russia’ is hardly a new subject. Numerous book-length studies, countless articles, essays and bibliographic surveys have been devoted to the explication of Heine’s formative impact on and strong presence in Russian letters. What is remarkable about the Russian section of Drews’s survey is its freedom from both the timeworn clichés of Soviet literary approaches and post-Soviet idiosyncrasies, on the one hand, and his ability to synthesize the German and foreign analyses with those executed locally, on the other. Drews’s Russian chapter will introduce those interested in the subject to the evolution of Heine’s interpretation in that culture while stressing all its highpoints, from the mass absorption, imitation and parodying of the poet to the paramount individual cases of Russian involvement with Heine (for Drews’s introductions to Innokentii Annenskii and Aleksandr...

The gender agenda: NGOs and capitalist relations in highland Cambodia

ABSTRACTCambodia’s mountainous northeastern province of Ratanakiri, which only twenty years ago was home to mainly indigenous minority groups largely focused on subsistence production, has undergone rapid ecological, social, and economic transformation. Deforestation and land alienation in the context of large-scale plantation agriculture, land speculation, and smallholder cash cropping have led to concerns that indigenous communities are being alienated from their land and not benefitting from economic changes. This has resulted in a significant number of NGO and government programs that attempt to protect and “empower” indigenous people, particularly women. This article examines a one-year research project which explored the relationship between indigenous women and land change in two indigenous villages. It discusses how indigenous women as well as Khmer and landless Cham immigrants have dealt with the commoditization of land and labor. It focuses on the differentiated way capitalist relations have pushed men, women, landless laborers, and increasingly wealthy landowners on increasingly divergent life trajectories. Compelled by donors to focus on gender and indigenous women as an object of governance, the NGO that directed this project struggled to keep up with the realities of capitalist relations on the ground.

Sprawl Dynamics in Rural–Urban Territories Highly Suited for Wine Production. Mapping Urban Growth and Changing Territorial Shapes in North-East Italy

In Italy, large-scale changes in the structure of land use can be observed. These are caused primarily by socio-economic pressures, generally determining the conversion of agricultural land into artificial surfaces. Our aim was to investigate if and how sprawl dynamics influence viticultural landscapes (that is, if they result in scattered, intermediate, or compact urban developments). We focused on selected territories in North-East Italy, where vine-growing provides almost uninterrupted land cover, as case study areas. Using GIS-based techniques, we documented the processes of land use, analyzing the resulting changes of urban-rural forms and in territorial shapes. Results at the Provincial level showed decreasing dispersed artificial surfaces and increasing clustered urban developments. This trend is also detected in areas under vine, but in general is more modest. Our research indicates that typical agricultural productions can determine resistance to the alienation of land, maintaining a sufficient consistency for areas to develop in a more varied and articulated (for example touristic) manner.

Should the Alienation of Land Act 68 of 1981 be Amended to Address Homelessness? Sarrahwitz v Maritz 2015 8 BCLR 925 (CC)

The article critically evaluates the decision of the Constitutional Court to resort to the amendment of the Alienation of Land Act in order to protect a vulnerable purchaser of property against homelessness. It is argued that the origins and purpose of the said Act should have been considered by the Constitutional Court. Such consideration shows that the Act protects against a specific vulnerability which an instalment sale purchaser faces and deals with the right to take transfer. This vulnerability is not necessarily homelessness and is it, therefore, questioned whether the Act can be applied to give effect to the section 26 of the Constitution. The article further argues that an alternative solution could have been to develop, in line with constitutional values, the common law provision which provides the trustee of the insolvent estate with the discretion to cancel a sale agreement pertaining to property sold but not yet transferred, as it is this provision which created the risk of homelessness in this instance. It is, however, submitted, that the minority judgment’s reliance on the Prevention of Illegal Eviction and Unlawful Occupation of Land Act, provided the best solution in this instance.
 

CHARAKTER ZAKAZU ALIENACJI NIERUCHOMOŚCI POSAGOWYCH W RZYMSKIM PRAWIE KLASYCZNYM

LEGAL CHARACTER OF THE PROHIBITION AGAINST ALIENATION OF DOWRY IMMOVABLES IN THE CLASSICAL ROMAN LAWSummary The well known lex Iulia de fundo dotali prohibited alienation of a Italian land being part of a dowry without women’s consent. The very meaning of this prohibition attracted very much attention of the Roman law scholars in the 20th century. The problem was as follows: was the disposition in breach of the lex Julia null and void (absolute nullity), or was it only voidable by the woman (respective nullity) after the dissolution of her marriage. The later opinion seems to be dominating in 20th century writings on Roman law, since Pierre Noailles had advocated it in his book L’inaliénabilité dotale et la Novelle 61 (Grenoble, 1919). It was subsequently affirmated by such emminent authors like Fritz Pringsheim or Paul Koschaker and became ‘canonic’ oppinion among Roman law scholars. The problem in itself was alien to Romans knowing no difference between absoluteand respective nullity of a disposition, but it looks like, virtual position of Romanlaw in this respect, was not the most attractive to modern scholars. The present paper re-considers the issue taking slightly different departurepoint to that of Noailles and his followers. In the first instance, the category of leges – as regards sanctio of their prohibitory provisions – to which the lex Iulia de fundo dotali belongs is settled. Than the issue, who is entitled to vindicate the land alienated in breach of the lex Iulia, is analysed as well as possibility of convalidation of the invalid disposition. Finally it is considered, whether the statutory provision affected only real transfer of property or it frustrated already husband’s very ability to make a valid contract of sale. In effect, the argument of the present paper is as follows: alienation fundi dotalis without wife’s consent, was beyond any reasonable doubt null and void. Being still the owner of illegally alienated immovables, the husband was bound to vindicate them. For that very reason, he was not able to transfer free and unimpeded possession of the land to the unfortunate purchaser. Consequently, it was not only alienation of the land in dowry, which was null and void by virtue of the lex Iulia de fundo dotali, but also the very contract of it’s sale. Above findings require, the theory of “relative nullity” (i.e. voidability or rescindibility), as advocated by Noailles, Prinzheim and Koschaker, is to be rejected.

Developing Legislation to Formalise Customary Land Management: Deep Legal Pluralism or a Shallow Veneer?

AbstractOne of the many post-colonial claims of indigenous people is the re-assertion of their rights over their land and its resources. Colonial history has created for many people a plural legal system and this, combined with social and economic changes, presents new challenges for development in the realm of traditional or customary land. This article focuses on the Pacific island state of Vanuatu, formerly known as the New Hebrides. At independence in 1980 allodial title to all land was returned to the custom owners while colonial forms of land law were also retained. In 2013, after nearly a decade of concern about land alienation, the Vanuatu government introduced the Custom Land Management Act. This article critically analyses this attempt to safeguard customary law and customary institutions in formal, written law, considering in particular the implications for law and development in a plural land law regime.

O Instituto da Legitimação de Posse na Nova Lei de Terras do Pará N° 7.289/2009

Resumo: O presente artigo analisa o instituto de Legitimação da Posse, como forma de aquisição de terra pública no Estado do Pará e investiga qual a regulamentação aplicável, uma vez que a Lei Estadual do Pará n. 7.289/2009 estabeleceu a legitimação da Posse como forma de alienação de Terra pública, sem se manifestar expressamente sobre o Decreto Estadual n°. 1054/1996, que declarou a caducidade dos registros de posse efetuados perante as repartições de terras do Estado, cujas áreas não foram legitimadas.