Land Regime Research Articles

Negotiating Collective Land Rights in the Andes: Insights from contrasting trajectories on the Bolivian-Chilean altiplano, 1880s–1930s

Abstract This article develops a historicising and comparative perspective on the transformation, formalisation, and negotiation of collective land rights in the Andean Highlands. It discusses and compares the trajectories of two highland areas situated across the Bolivian-Chilean border within the context of globally and nationally shifting frontiers of market and state integration since the late 19th century. The case studies demonstrate a striking divergence in the context of the breakthrough of liberal land legislation in Latin America. Communities in the Bolivian province of Carangas were able to resist privatising pressures, while communities of the Arica highlands, once annexed and incorporated in Chile after the War of the Pacific, adjusted to a more homogeneous regime that left little room for communal land relations. Despite the stark contrasts, this article questions simplistic dichotomic framings of the unchallenged “survival” of communal land rights in Bolivia versus complete “disappearance” of communal arrangements in Chile. Empirical archival and ethnographic data point to the social reconfigurations and creative strategies through which the community as a collective legal entity and daily practice transformed. The article sheds light on the causes and longer-term implications of these regional trajectories within the context of a globalising land regime.

Tithe, One-Fifth, One-Third, One-Half: Preliminary Notes On The Wider Scope of Agrarian Relations in Ottoman Bosnia in the Classic Period

Thus far, in dealing with the issue of agrarian relations in 16th-century Otto- man Bosnia the focus has been on the miri land regime, that is, on the state ownership, with a concession made for a different type like the vakıf or mülk land. Some attention was occasionally paid to phenomena such as land lease in the early phase, lump-sum paying, and gradual spread of çiftliks as an occurrence that was running against the classic regime and the like. Thereby a simple fact was overlooked, i.e., the “silent”, but necessary presence of a kind of relationship that must have coexisted with the miri regime without contradicting it. This was the very important fact rooted in the question of the volume of agrarian output, mainly the grain. From village to village the grain to people ratio was uneven: sometimes there was enough per capita, but often it was much above or much below the needs of the community as expressed by the social minimum. Here opens the possibility of taking the “surplus” in the shape of a rate higher than the tithe (or one eight) on the basis of private agreement, outside the scope of the Sacred Law. In order to present this matter in broader outline a comparison was necessary with other parts of the Empire (East Central Anatolia, Southern Syria and Palestine) where rates up to one half of the produce were in vigor according to local regulations with religious approval. The apparently diametrically opposite to each other, the two ap- proaches had still much in common “here” and “there”.

Historical and Legal Aspects of the Use of Land Plots for Horticulture

The article focuses on the peculiarities of legislative support for the establishment and development of land plots for horticulture within a historical context. Given that the current legal regulation of land use in the field of horticulture significantly differs from that which existed before the start of land reform in Ukraine, the article analyses the normative-legal framework that has laid the groundwork for the initiation of this type of land use. As a result of the analysis, the role of gardening and viticulture societies is characterized, which were users of land for collective gardening and viticulture even during Soviet times. Attention is drawn to the fact that the Land Code of the Ukrainian SSR of 1970 enshrined only the collective organizational and legal form of gardening (viticulture) and contained provisions according to which the lands occupied by collective gardens are in permanent use by gardening (viticulture) societies.Land plots were allocated to them from reserve lands, the state forest fund, and vacant lands within populated areas. Membership in the society was limited to citizens who did not own private plots or gardens. The activities of each society as a legal entity were regulated by the society’s charter, which was registered in accordance with established procedures. On the land plots designated for collective gardening (viticulture), members of the society were to establish orchards and vineyards on a collective basis and carry out the construction of summer­type garden buildings. Special attention in the article is given to the analysis of social relations that are formed in the field of gardening, which have undergone significant changes due to the initiation of land reform, as well as the adoption of the Land Code of the Ukrainian SSR in 1990 and its new edition in 1992. The article also analyzes the provisions of the current Land Code of Ukraine that regulate the mechanism for transferring land of general use into private ownership of legal entities of gardening societies. It examines, in a comparative aspect, the legal regime of land of general use and other categories of land in Ukraine.

Legal responsibility for violation of the legal regime of sanitary protection zones in Ukraine

This article examines the specifics of legal liability for violations of the legal regime of sanitary protection zones in Ukraine, as well as the main directions for improving the relevant legal regulation. Sanitary protective zones perform an important security function in separating potentially harmful objects from places of residence and stay of people. In this regard, a special legal regime is established on their territories, which provides for significant restrictions on their economic use. Non-compliance with the established requirements regarding the legal regime of sanitary protection zones is the basis for bringing guilty persons to legal responsibility. Currently, there are no special provisions in the current legislation of Ukraine regarding liability for violations of the legal regime of sanitary protection zones. In this regard, legal responsibility for illegal actions in this area is covered by sanctions for committing violations in the field of environmental protection of a “general nature” (violation of sanitary standards; arbitrary occupation of a plot of land; violation of environmental safety rules; design or operation of structures without protection systems environment; violation of land use rules, etc.). Therefore, there is a need to formalize the composition of offenses that are already provided for in the normative legal acts on the regulation of the legal regime of lands of sanitary protection zones, the codification of legislation on administrative responsibility for violations in the field of environmental protection, the introduction of special sanctions for violations of the legal regime of sanitary protection zones zones, as well as the unification of relevant provisions of Ukrainian legislation with the law of the countries of the European Union.

Property-time: serial archives, settler logics, and illiberal space–time oddities

Liberal theories of property assume a linear and serialized temporal orientation facilitated by title registries, recording systems, and the exaltation of land archives. These assumptions, what I call ‘property-time’, can be productively put into relation with dominant geographic theories of space in two ways. First, I argue that distinguishing liberal notions of property-time from geographic space–time allows us to observe a key dialectic involving the attachment of value (and capital) to space, a process that tracks alongside contradictions of capitalist desire: the desire to continually reshape space (becoming) and to extract enduring and permanent, individuated value from it (being). Second, liberal temporalities of property struggle to apply in illiberal global contexts. Here, states enact urban accumulation regimes that deviate from linear, individuated and sequential notions of property by manipulating records and surgically erasing past ownership. These acts are often characterized as forms of state variegation and provisionality. They are also endemic to how both capital and value are created and/or arbitraged by states through the land regime. These formations remain difficult to connect to traditional theories about the production of value under capital because assumed time logics of property limit our theoretical capacity to describe illiberal urban accumulation regimes.

Frontier Constellations: A History of Land-use Regimes in Paraguay’s Pilcomayo River Basin

ABSTRACT The Paraguayan Chaco is increasingly known for the extreme rates of forest loss caused by the rapid expansion of cattle ranching and crop farming over the last few decades. Knowledge of its twentieth-century land-use history, however, remains limited. In this article, I address that gap by discussing land-use dynamics since the 1900s in the Pilcomayo River basin, a part of the Chaco that borders Argentina and Bolivia, and hosts a great diversity of actors and land uses. Using the concept of land-use regimes, I show that the area, once characterized by what can be called an Indigenous mixed-use regime, transitioned to a land-use regime dominated by livestock herding by Argentine Criollo settlers after the Chaco War (1932–35), and then again to one of large cattle ranches managed by absentee owners toward the end of the twentieth century. No land-use regime ever completely dominated the area, however, and I use this fact as a starting point to then discuss how using the concept of land regimes can help direct attention to the coexistence of regimes in space and to their relationships in a way that helps refine our understanding of land-use transitions.

Crop booms as regime shifts.

A crop boom is a sudden, nonlinear and intense expansion of a new crop. Despite their large impacts, boom-bust dynamics are not well understood; booms are largely unpredictable and difficult to steer once they unfold. Based on the striking resemblances between land regime shifts and crop booms, we apply complex systems theory, highlighting the potential for regime shifts, to provide new insights about crop boom dynamics. We analyse qualitative and quantitative data of rubber and banana plantation expansion in two forest frontier regions of northern Laos. We show that preconditions, including previous booms, explain the occurrence (why) of booms, and triggers like policy and market changes explain their timing (when). Yet, the most important features of booms, their intensity and nonlinearity (how), strongly depended on internal self-reinforcing feedbacks. We identify built-in feedbacks (neighbourhood effects and imitation) and emergent feedbacks (land rush) and show that they were social in nature, multi-scale from plot to region and subject to thresholds. We suggest that these are regular features of booms and propose a definition and causal-mechanistic explanation of crop booms, examining the overlap between booms and regime shifts and the role of frontiers. We then identify opportunities for management interventions before, during and after booms.

The legal nature of provisions on good neighborliness (neighborhood law) and their place in the system of regulation of the legal regime of lands in Ukraine

The legal nature of provisions on good neighborliness (neighborhood law) and their place in the system of regulation of the legal regime of lands in Ukraine

Dualist Land Regime, the Hukou System and the Welfare of Migrant Workers in Chinese Cities

Abstract Why is China's household registration system so resilient, and why are migrant workers consistently excluded from equal urban welfare? By disaggregating the hukou and land components of the rural–urban dualist regime, this article argues that dualist land ownership, formalized in China's 1982 Constitution, perpetuates the hukou system and unequal welfare rights. On the one hand, dualist land ownership results in an abundance of low-cost, informal housing in urban villages. This reduces the cost of short-term labour reproduction and diminishes migrants’ demands for state-defined urban rights. On the other hand, dualist land ownership enables local governments to amass significant revenues from land sales. The prominence of land-based revenues prompts local governments to link urban welfare rights with formal property ownership and residency, obstructing substantive reforms to the hukou system. For comparison, this article highlights Vietnam, a communist country with a unitary land ownership system, which has made greater strides in reforming its household registration system.

Grounded desires: Grazing regime, desires, and development in a Diné community

This article highlights the demands for development within the Diné community of Shonto in 2017. Using interviews with Shonto community members, I center the voices and desires of those most affected by development. Shonto is the site of conjuncture of a grazing regime that limits land use and a history of development that produces conflicting community desires for infrastructure, employment, and traditional livestock practices. Despite the plural views of development, community members express a collective desire for Diné continuity and self- determination. My research demonstrates that Diné desires for development are not monolithic but are grounded in land histories, a sense of shared collective continuity, and Diné self- determination. I draw upon Eve Tuck’s generative work on Native desire to demonstrate that land histories, in the form of a grazing regime and histories of development, inform Native desires for development. I argue that Native desires are grounded in historical and everyday land use and relations. These grounded desires center the lived-experiences of Natives in relation to development, colonial land regimes, and traditional practices. Moreover, these grounded desires draw from the daily lives and experiences of Native people to provide open narratives that do not impose expectations on Native peoples or their desires.

The ethnocratic shikun: housing discourse in support of nation-building

ABSTRACT This research critically analyses the Israeli housing block (‘shikun’) discourse, as presented in cultural representations during 1948–1961, and its contribution to the evolution of the Israeli-Palestinian conflict. The study argues that the discursive exclusion of the shikun from Israel's socio-political history of planning and development is a central part of Israel's ethnocracy and has an essential role in exacerbating the conflict. It maintains that the shikun's exclusion is a reduction of its consequences, namely the Mizrahi population's dispersion through the shikun, which stands as one of the main foundations of the Israeli ethnocratic regime. Subsequently, I identify the shikun anew as the ‘ethnocratic shikun’, and suggest that it can be a better conceptualisation to reveal how ethnic oppression, by discursive and architectural means, affects national land regimes, and thereby exacerbating regional violent conflicts. This research has two main goals. First, achieving a better understanding of Israeli society and politics by delving into a crucial component of human existence – housing, and analysing its ‘disappearance’ from public debates regarding the Middle-Eastern geopolitics. Second, the research aspires to make a methodological contribution that goes beyond Israeli housing discourse, by adding another novel layer to the Cultural Approach to Critical Discourse Analysis.

Formation of the land regime of research fields of scientific and research institutions and educational institutions

Formation of the land regime of research fields of scientific and research institutions and educational institutions

Salinization of irrigated agricultural lands in the Altai Territory

Introduction. The Altai Territory is the leader among the subjects of the Siberian Federal District in terms of the area of arable land, of which more than 80% is located in the zone of unstable moisture. Irrigation predominates among agricultural hydrotechnical land reclamation in the region. The area of irrigated land is 69 thousand hectares, of which almost 10 % have varying degrees of salinity in the root layer. Prolonged irrigation of land and non-compliance with irrigation technologies can lead to salinization of lands in irrigation systems. The purpose of the research: spatio-temporal assessment and clustering of salinization of irrigated lands in the context of municipal districts and agrochemical zones: steppe, forest-steppe and foothills. Material and methods. In Russia, all irrigation systems have uniform rules for collecting data on the state of land, conducting soil-salt surveys and laboratory processing of their results. The research material was observational data on the salt regime of lands in irrigation systems of the Altai Territory for 2013-2022, data from annual state monitoring of lands, information on irrigated lands and the technical condition of reclamation systems from the reclamation cadastre. The research methods were general scientific methods (analysis and synthesis), applied mathematical methods (regression and cluster analysis), scientific methods of hydraulic engineering agricultural reclamation. Results and discussion. Based on the reclamation cadastre data, an analysis of the state of irrigated agricultural land was carried out according to the degree of salinization. A model of the dynamics of the area of highly and very highly saline lands was constructed, statistical assessments of the quality of the model were checked, and the average rate of annual increase in the area of lands subject to salinity was determined. An analysis has been made of the most possible causes of salinization on irrigated lands, which include high levels and salinity of groundwater, high salinity of water used for irrigation. Calculations were carried out, among other things, for agrochemical zones: steppe, forest-steppe and foothills. The dynamics of areas with different groundwater levels, groundwater salinity and irrigation water were assessed. Based on data for the beginning of 2015 and 2022, a cluster analysis of the regions of the Altai Territory was carried out according to the degree of salinization of irrigated agricultural lands. The dynamics of changes in the number of regions and the area of irrigated land in clusters is analyzed. In conclusion, the calculation results are summarized and general conclusions are drawn about the dynamics and possible reasons for changes in the studied indicators. The results can be directly used by government authorities and organizations of the reclamation complex of the Altai Territory.

Farmer-herder relations, land governance and the national conflict in Mali

ABSTRACT Farmer-herder conflicts have been long standing in Mali’s rural areas. It has been shown that it is mostly herders who support and join jihadist groups. By analysing land regimes in farmer-herder contexts and merging studies on different scales of violence, the paper investigates how local dynamics interact with national political violence. It argues that historical precedents and pastoralist grievances related to land governance have created a fertile breeding ground for jihadism to take root and spread. It also contends that local land-related issues can have a considerable impact on state fragility and the eruption and dynamics of violence.

The doublespeak of ‘leave no one behind’: Implications for religious inequality in Hindu and Muslim pastoralist communities in India

The 2030 Agenda for Sustainable Development pledged to ‘leave no one behind’ (LNOB). This article suggests that LNOB can be a form of ‘doublespeak’, susceptible to being used to mask ideologies and policies that worsen social, political and religious divisions. Despite stated commitments to LNOB, both Agenda 2030 and the Modi-led Bharatiya Janata Party (BJP) government of India adhere to narrow models of development that fail to address and exacerbate the growing problem of religious and other inequalities. This article argues for reclaiming LNOB’s radical potential by conceptualising it as an empty signifier that takes on meaning through the hegemonic struggle to articulate what ‘left behind’ means. It develops this argument through a case study of Hindu Nationalist developmental normativity and two mobile pastoralist communities in Gujarat: Hindu Rabaris and Sufi Muslim Fakirani Jats. The empirical data show that in Gujarat’s marketised neo-liberal land regime, mobile pastoralism as a livelihood is increasingly stressed and liable to be constructed as ‘left behind’. Simultaneously, the Hindu and Sufi religious practices that shaped pastoralists’ relationships with land and animals are being transformed and, framed by the BJP government’s promotion of a Hindu nationalist religious identity, are shifting towards adoption of communal Hindu and Muslim identities that exacerbate social and religious inequalities, with particular effects on women. The paper concludes that LNOB has potential to tackle religious and other inequalities and generate a more radical and democratic politics of development if the range of demands that are met by this ‘empty signifier’ is broadened to challenge the hegemonic representations that dominate, and religion’s centrality in this struggle is recognised.

Chinese participation in Ghana's illegal small-scale gold mining: Linking local pull factors to distributional inequities

Growing attention paid to the environmental impacts associated with informal artisanal and small-scale mining (ASM) in Ghana has sparked debate about the recent proliferation of Chinese migrants in the sector. This paper contributes to this discussion by focusing on local pull factors, particularly, those that relate to distributional inequity in Ghanaian mining policy and how they serve as catalyst for illegal mining. Findings from qualitative exploratory case studies reveal that illegal Chinese ASM is caused by local grievances and resistance to systemic distributional inequities in Ghana's mineral policy on two related fronts, including inequitable mineral wealth distribution, and inequitable mining land regime. These findings suggest that policy efforts to find a lasting solution to illegal foreign ASM, and illegal mining in the broader sense, should engage and collaborate with all the relevant local stakeholders to address these distributional inequities.

Evaluations and Determinations on the Land Regime from the Seljuk to the Mamluk Turkish State

Askeri iktâ´ düzeni İslâm devlet geleneğinde bir çeşit toprak yönetim biçimidir. Orta Çağ Türk-İslâm devletlerinde toprağa bağlı ordu-devlet düzeninin tesisinde önemli bir unsurdur. Selçuklu veziri Nizâmülmülk idari iktâ´ düzenini devletin çıkarlarına uygun ıslah ederek askeri iktâ´ düzenine dönüştürür. Selçuklulardan Eyyûbîlere tevarüs eden bu düzen Memlûk devrinde devlet yapısı ile uyumlu gelişme gösterir. Doğrusu Selçuklu askeri iktâ´ düzeninin tam anlamıyla tatbiki Mısır’da Memlûk döneminde mümkün olmuştur. Makalemizde Orta Çağ Türk-İslâm devletlerinde uygulanan askeri iktâ´ düzenine dair şarkiyatçıların görüşlerinden bahsedip Selçuklu ve Memlûk devrinde düzenin işleyişi ve sonuçları üzerine değerlendirmeler ve bazı tespitlerde bulunacağız.

About the legal regime of coastal territories

In the article the legal regime of coastal territories — territories adjacent to water bodies, the use of which directly affects the state of water bodies and / or is associated with the use of the water bodies themselves is analysed. The public importance of coastal territories is shown, the factors that determine the content of the legal regime of lands and land plots in coastal territories are highlighted. The features of zoning of coastal territories depending on the goals and objectives of the legal regulation of relations connected with various types of water use and ensuring public interests are considered. The cross-cutting nature of the legal regulation of the use and protection of lands and land plots in the coastal territories is shown, the actual problems of establishing and implementing their legal regime are identified. Particular attention is paid to the legal regime of the foreshore, as well as changes in the sanitary and epidemiological legislation in terms of legal protection of water bodies that are sources of drinking water supply.Trends in water, transport, environmental, sanitary-epidemiological and other related branches of legislation that establish requirements for the use of coastal territories are analyzed. Based on the analysis of the current legislation and materials of judicial practice, conclusions about the need to improve the legal regulation of the use and protection of coastal territories by specification of the existing legal mechanisms and harmonizing water and related legislation were drawn.

Multidisciplinary design of aircraft wing for multiregime purposes

In this paper optimization process of the geometrical design of the wing is described. The goal is to minimize the aerodynamic drag at a requested lift in the cruise regime and thus reduce the fuel consumption. The second goal is to ensure the requested landing regime of the aircraft. Both cases are solved under the wing structural and weight considerations. As a fast design computational tool, a lifting line theory is used. It is moreover supplemented by non-linear aerodynamic airfoil characteristics to provide more accurate results of aerodynamic drag of the wing. These airfoil data were calculated with the CFD and enables to take significant accuracy between low and high-fidelity method which is verified in previous work. The list of requirements is set for aircraft for 40 passengers with a range of 2,500 km at a speed of 438 km/h. As the baseline the L-610 aircraft is selected. Optimized wing geometry in verified in cruise and landing regime/configuration with CFD solver. From the calculation of the weight of the wing and CFD results, the flight performance is calculated for the desired flight mission.

Quantifying multiple effects of land finance on urban sprawl: Empirical study on 284 prefectural-level cities in China

Under the public land regime, China's urban sprawl is primarily influenced by local governments' land finance incentives, compared with market-oriented forces dominant in Western countries. The study used baseline, geospatial, and nonlinear regressions to quantify land finance's temporal, spatial, and scaling effects on urban sprawl at a national scale. Baseline regressions showed that the effects of land finance on urban sprawl varied over time, initially strengthening and then gradually weakening, reflecting decreasing importance of land finance. Geospatial regressions indicated that the effects of land finance on urban sprawl increased from eastern to western cities, reflecting spatial diffusion from developed coast to developing inland. Furthermore, nonlinear regressions revealed that land finance exerted complex effects on urban sprawl, with high-ranking cities' reduction in land-driven development but low-ranking cities' reliance on land-based sprawl. These results highlighted the importance of transiting overreliance on land finance to curb urban sprawl.