Tenure Rights Research Articles

Does controlling persons’ foreign residency rights influence executive compensation?

Does controlling persons’ foreign residency rights influence executive compensation?

P-032 FASCIOTENS: FIRST CASE IN THE HOSPITAL OF MéRIDA

Abstract Aim Anterior abdominal wall incisional hernias are a problem present in approximately 11–20% of patients undergoing laparotomy. Incisional hernias with loss of right of abode are associated with many physical, physiological and psychological problems. In order to surgically repair these incisional hernias with loss of right of abode, we need to perform a prehabilitation of the incisional hernias. Effective prehabilitation is required in order to close the aponeurotic defect without tension and to return the hernial contents to the abdominal cavity. Material and methods A 59-year-old female patient with a history of open cholecystectomy and incisional hernia repaired on three occasions, presenting with multisaccular midline incisional hernia (M1-M4 W3) containing colon and greater omentum. Results After application of botulinum toxin and Fasciotens, it is possible to perform Rives-Stoppa retrorectus repair, being able to reduce the hernial content without tension and without increasing intra-abdominal pressure. Conclusions Prehabilitation in complex abdominal wall surgery is essential to repair large aponeurotic defects without tension. In addition, the application of Fasciotens after administration of botulinum toxin allows closure of the aponeurotic defect using standard abdominal wall closure techniques.

Інституційні аспекти залучення сільських спільнот до інклюзивного розвитку територіальних громад

The post-war reconstruction of Ukraine should include not only the reconstruction of infrastructure destroyed and damaged during hostilities, material objects of the industrial and social spheres, and all other aspects of the return of the population to a full life in peaceful conditions but also the improvement of social relations, particularly, relations between authorities and self-government and the population. In this context, the continuation of the decentralisation reform should lead to the completion of the formation of conditions under which residents of all settlements, which are part of territorial communities, could influence the resolution of issues of their life activities. The article aims to highlight the institutional limitations for the inclusive development of rural communities related to the representation and implementation of their interests in territorial communities and to justify proposals for overcoming them. Research methods were used: logical-historical (when highlighting the controversy of the process of establishing the institute of starosty (local leader), dialectical and abstract-logical (when analysing the institutional limitations for realising the interests of rural communities as part of territorial communities and substantiating the direction of their overcoming), monographic (when analysing the composition starosty districts). The author reveals the manifestations of the centralisation of local self-government functions at the level of territorial communities, which resulted in narrowing the rights of residents of rural settlements, especially small and remote ones, to representation and participation in solving their problems. The paper establishes the presence of starosty districts with many villages and, accordingly, limited conditions for developing rural communities. The manuscript describes the Polish experience of organising inclusive local self-government at the lower level of the administrative-territorial system and substantiates the expediency of its fuller use in Ukraine: the central place here should belong to the endowment of starosty districts, disaggregated to the level of settlement (in particular, rural) communities, with certain powers to solve their livelihoods problems and the right to use local resources. The study results can be used to improve local self-government reform in the post-war period.

Precarious Legal Status and ‘Reactive Transnationalism': The Case of Baloch in Qatar

Despite the long existence of Baloch in the Gulf region, and Qatar, in particular, scholarly works on their lives and migration experience is scarce. This study is based on long-term ethnographic observation and semi-structured interviews conducted in Fall 2020 in Freej Al Baloush, the Baloch Neighborhood, a large residential area located in Abu Hamour, Doha, where a concentration of Baloch from low socioeconomic backgrounds reside since 1980s. Using data from these interviews and my own experience as a member of the community, as well as drawing on existing literature on different migrant communities in the Gulf and relevant studies on transnationalism, I address how the legal status of the Baloch in Qatar, as temporary residents, affects their transnational lives. Iran, and the province of Balochistan, have become a back-up plan for Baloch who always live with the worry of losing their residency rights and being deported from Qatar. This is a form of ‘reactive transnationalism’, cross-border engagement as a result of negative integration. One of the most visible ways that they cope with temporariness, legal vulnerability, and precarious lives is through material investment, mainly building houses and buying property and land, which many of them lack in Qatar. While Qatar’s regulated ownership policies allow residents to purchase land in specific areas, the country’s high property costs and living expenses make buying property difficult for many long-term residents with low socioeconomic status, including the Baloch. Although the concept of reactive transnationalism has not been studied extensively and is loosely defined, the case of Baloch in Qatar offers important insights into the impact of socioeconomic status, gender, family networks, and legal integration on transnationalism.

Land tenure drives Brazil’s deforestation rates across socio-environmental contexts

Many tropical forestlands are experiencing changes in land-tenure regimes, but how these changes may affect deforestation rates remains ambiguous. Here, we use Brazil’s land-tenure and deforestation data and quasi-experimental methods to analyze how six land-tenure regimes (undesignated/untitled, private, strictly-protected and sustainable-use protected areas, indigenous, and quilombola lands) affect deforestation across 49 spatiotemporal scales. We find that undesignated/untitled public regimes with poorly defined tenure rights increase deforestation relative to any alternative regime in most contexts. The privatization of these undesignated/untitled lands often reduces this deforestation, particularly when private regimes are subject to strict environmental regulations such as the Forest Code in Amazonia. However, private regimes decrease deforestation less effectively and less reliably than alternative well-defined regimes, and directly privatizing either conservation regimes or indigenous lands would most likely increase deforestation. This study informs the ongoing political debate around land privatization/protection in tropical landscapes and can be used to envisage policy aligned with sustainable development goals.

WHEN ARE PERSONAL RIGHTS TOO PERSONAL TO BE CEDED? University of Johannesburg v Auckland Park Theological Seminary 2021 JDR 1151 (CC)

Context in law is everything, or so says the aphorism. That said, to what extent should courts consider the surrounding context of a contract when interpreting and construing it and its provisions? Does the parol evidence rule preclude a court from taking into account contextual evidence or circumstances in interpreting contractual provisions? Or is the court restricted to the contractual provisions and nothing beyond the four corners of the contract? These are some of the central issues that were considered in University of Johannesburg v Auckland Park Theological Seminary (2021 JDR 1151 (CC)) (UJ CC). The Supreme Court of Appeal (Auckland Park Theological Seminary v University of Johannesburg 2020 JDR 0494 (SCA) (UJ SCA)) and the Constitutional Court had divergent views on the matter. This case note provides a critical analysis of both judgments, ultimately preferring the decision of the Constitutional Court.In the law of contract, it is trite that, generally, all personal rights may be freely transferred or ceded to a third party without requiring the consent or knowledge of the other contracting party, who has a correlative duty. This is known as cession. An example is necessary. Consider A’s deposit of R10 000 into B Bank where B Bank is contractually obliged to return the deposit on A’s demand. A then transfers his right to claim (or demand) his deposit to C. There is no requirement that A procures B Bank’s consent to cede his right to claim. For the sake of completeness, cession is a bilateral juristic act aimed at transferring a personal right from a cedent/creditor to another legal person (cessionary). The cessionary then wears the shoes of a creditor in the cedent’s place. Cession can be differentiated from delegation (which concerns the substitution of a debtor, as opposed to a creditor) and assignment (which refers to a combination of cession and delegation).However, the general rule of cession is subject to limitations. There are two crucial limitations in this regard. First, a right cannot be ceded where it is the subject of a pactum de non cedendo, which can generally be defined as an agreement to not cede. Accordingly, a contract may contain a provision that prevents a creditor from ceding a right without the debtor’s consent. An example of a pactum de non cedendo is where a tenant, in a lease agreement, is not permitted to cede her rights of occupation and possession unless there is prior written consent by the landlord. Secondly, there may be certain rights that are so personal in nature that they cannot be ceded. Such rights cannot be ceded because the identity of the creditor is paramount to the debtor and there is an expectation that the party initially contracted with will fulfil the obligations. Claims for pain and suffering in delict, and claims for maintenance, are traditional examples of such rights. These rights are classified as delectus personae.In light of that general background, the author turns to consider the case of University of Johannesburg v Auckland Park Theological Seminary (supra) with a particular focus on the judgments of the Supreme Court of Appeal and the Constitutional Court. To this end, this case note is structured as follows. First, the pertinent facts of the case are canvassed; secondly, the decision of the Supreme Court of Appeal is examined; thirdly, the findings of the Constitutional Court are analysed; and lastly, the author provides a critical evaluation of the judgments, and endorses the reasoning furnished by the Constitutional Court.

The costs and benefits of certification for community forests managed by traditional peoples in south-eastern Tanzania

Community forests managed by indigenous, traditional, and local communities must be environmentally, socially, and economically sustainable for their benefits to persist. Certification of community forests communicates that products harvested there meet these standards. However, certification of community forests has been limited, particularly in Africa. Financial analysis, review of audit reports, and a survey of forest managers were used to explore monetary and non-monetary social costs and benefits of Forest Stewardship Council certification for 14 timberproducing community forests managed by traditional peoples in south-eastern Tanzania. Direct monetary costs of certification outweighed monetary benefits, threatening economic sustainability. Nevertheless, forest managers believed that community forests should retain certification because they valued its non-monetary benefits, which were consistent with the Forest Stewardship Council's social principles. This study demonstrates that certification of community forests can help indigenous and traditional peoples ensure safe working conditions, strengthen forest tenure rights, sustain multiple community benefits, and protect culturally-important sites, however, financial barriers persist.

CURRENT PROBLEMS OF LAND RELATIONS IN THE CONDITIONS OF MARTIAL LAW AND WAYS TO SOLVE THEM

The article examines the organization of land relations in conditions of martial law. The authors analyze the current land legislation adopted by the Parliament of Ukraine under martial law, give proposals for amendments to the Land Code of Ukraine and the Law of Ukraine «On Land Lease» to improve the mechanism of renewal of land lease in conditions of martial law, aimed to protect the rights of tenants and landlord, reducing the amount of payment for land of all forms of ownership and rent for land of state and communal ownership for the period of martial law. The article also states that the authors’ proposed changes to the current land and tax legislation will provide the greatest possibility of agricultural land cultivation in wartime conditions, which will contribute to the intensive production of agricultural products. The authors investigated that some legislative changes in land legislation adopted after February 24, 2022 need to be improved and changed, as they create legal uncertainty and multiple interpretations of legal norms. For example, the authors substantiate that public authorities and local governments cannot be the subject of the right of permanent use of state and communal land, as they are the administrators of such land. The article concludes that the functioning of the State Register of Real Property Rights and the State Land Cadaster depends on the implementation of land relations, both individuals and legal entities of private law and public authorities and local governments. The authors also found that in fact the legislator gave the right to permanent users to dispose of land plots of state and communal ownership, which directly contradicts Part 1 of Article 92 of the Land Code of Ukraine. The important point is the forecast of lack of the local budgets of the rent for land in those territories where hostilities are (were) taking place, as well as the author's conclusion on the need to reduce the rent for land for the period of martial law throughout the whole territory of the state.

No Way Out?

Shortly after COVID-19 was recognised as a national threat to Australia, in late March 2020 the Commonwealth Government prohibited Australian citizens and permanent residents from travelling overseas, with severe criminal penalties for non-compliance. The overseas travel ban, made under human biosecurity emergency powers under the Biosecurity Act 2015 (Cth), caused significant outrage. Australia was seen as an outlier in its approach to interfering with the rights of citizens and permanent residents to exit the country. The ban engaged a citizen’s fundamental common law right to depart from Australia, and a person’s human right to leave their own country. This article analyses the relevance and limits of two statutory interpretation principles protective of those rights – the principle of legality and presumption of consistency with international law. It examines the treatment of those principles in the Full Court of the Federal Court case of LibertyWorks Inc v Commonwealth of Australia [2021] FCAFC 90. The article concludes that the Full Court’s decision was underdeveloped with respect to the principle of legality. It draws further observations including on the willingness of courts to deploy ‘rights-based’ interpretive principles to broad statutory emergency powers.

Calibrating home, hospitality and reciprocity in migration.

Hospitality, as an analytic and a lived experience, is central to the day-to-day workings of home, and to managing the tensions and contradictions inherent in place attachment and appropriation on any scale - from the domestic to the national one. This emerges as a contentious and yet under-researched social question whenever newcomers such as immigrants and refugees lay some claim for guesthood. Following this premise, and based also on our fieldwork, this article outlines a conceptual argument for a joint understanding of home and hospitality in time and space. This leads us to conceptualize 'calibrated hospitality' to appreciate the ongoing dialectic between the spatial, temporal, and relational dimensions of the host-guest encounter in immigrant- and refugee-receiving societies. Looking at immigrant and refugee inclusion in terms of hospitality being claimed, negotiated, and possibly denied, relative to the theories and practices of 'home', opens an extensive conceptual terrain for social research that is more connected to foundational lived cultural idioms, and contextually more sensitive, than approaches based only on policy frames such as integration, or on formal entitlements such as access or residence rights.

IMPLEMENTASI KEARIFAN LOKAL DALAM PENEGAKAN HUKUM DI BIDANG KEHUTANAN

This study uses a socio-legal approach, which focuses on local wisdom of forest resource management by the community with local legal norms that are actually operated to maintain community order and its implementation in law enforcement. In addition, in this study the authors describe the correlation of national political development with social phenomena that are deeply related to public understanding or public reactions to crimes committed by Forest Tenure Rights (HPH) holders in West Kalimantan. That legal politics and community reactions as the embodiment of local wisdom in law enforcement against crime, essentially starts from the development of public legal awareness of the crimes around them. From the perspective of criminal sociology, that the official reaction of the community as local wisdom and law enforcement is a series of events related to events that occurred previously, namely the occurrence of forest and land fires (Karhutla). The community's reaction shows us how this reaction needs special attention so that what the community does can meet their expectations, in addition to being in line with applicable laws and regulations. The hope of society in general is that peace and welfare are more guaranteed and that crime can be suppressed as low as possible.

The right to social assistance for economically inactive migrating Union citizens: The Court disregards the principle of proportionality and lets the Charter appease the consequences

In a new case on the right to social assistance for inactive migrating Union citizens, the CJEU delivered a judgment in which it confirmed its restrictive interpretation of the relevant primary and secondary Union law. At the same time, however, it invoked the EU Charter to appease the consequences of that. This case note critically analyses the Court’s restrictive application of the principle of non-discrimination of Article 18 TFEU and Article 24 Directive 2004/38/EC. It also comments on the Court’s implicit refusal to apply the principle of non-discrimination of Article 18 TFEU to a migrating Union citizen who has acquired a right of residence in the host country solely on the basis of the national law of that Member State. Further, it examines the role ascribed by the Court in this case to the Charter. The conclusion is that this judgment risks jeopardizing a number of fundamental basic principles of Union law while leaving a number of questions open.

'THIS IS NO COUNTRY FOR OLD (WO)MEN'? AN EXAMINATION OF THE APPROACH TAKEN TO CARE HOME RESIDENTS DURING THE COVID-19 PANDEMIC.

ABSTRACTThis article discusses the human rights of residents in care homes in England who were affected by restrictions that were imposed during the first months of the COVID-19 pandemic in order to safeguard health and life at a time of public health emergency. It focuses on the potentially adversarial relationship between the need to protect the health of these residents and the possible adverse interferences with their human rights in the initial phase of the pandemic. The scope and application of these rights to the healthcare context is not straightforward due to the exigencies of the pandemic. Consideration is given to whether their rights, as protected by the European Convention on Human Rights (ECHR) and the United Nations Convention on the Rights of Persons with Disabilities (CRPD) are vindicated or breached by the actions taken in the context of the COVID-19 pandemic. The article questions whether the restrictions that were applied were justified, given the limitations that exist within some ECHR Articles. It deliberates upon what can be done to ensure that relevant bodies and care homes, themselves, are better enabled to respond to a public health emergency in an individualistic, rights-based manner, based upon both principlism and pragmatism.

Putting conservation efforts in Central Africa on the right track for interventions that last

AbstractInterventions in Africa designed to stop biodiversity decline have often failed because they were based on a top‐down approach to management and focused on enforcing restrictive rules and imposing bans. They were equally misaligned with the values and needs of local actors. This paper presents an African perspective on the discourse regarding the bushmeat crisis and shows that bushmeat in Africa goes beyond being a source of livelihood, having a multifaceted use that must be considered when designing interventions. We show that current conservation initiatives often do not address the right issues, by neglecting nonmonetary dimensions of bushmeat use, inadequately planning interventions, failing to align wildlife laws with realities on the ground, and carrying out ineffective law enforcement characterized by poor governance and corruption. We recommend a revision of current legal frameworks to enhance local ownership, tenure rights, and the sustainable economic empowerment of local communities to reduce hunting. We also call for development of regionally led innovative programs that invest in nature‐based solutions and payments for environmental services. Finally, we identify where more research is needed to understand why wildlife use in Africa is overlooked in national development policies and not considered in national accounting.

Assessing Public Opinions of Sexual Advance Directives Among Older Adults With Dementia.

This study used a mixed-method research design to examine public attitudes toward sexual advance directives (SADs), a theoretical legal document intended to protect the sexual rights of individuals across the lifespan. Respondents (N = 537) largely indicated that SADs should exist (65.4%) to preserve autonomy and protect resident rights, but they would not sign one right now (60.4%) because they were too young. Linear regression analyses revealed statistical associations between education level, relationship length, and sexual instrumentality for the existence of SADs, while gender, age, perceived importance of sexuality, and sexual self-disclosure were associated with whether a respondent would sign the document now. Overall analyses indicate that valuing sexual expression as a right, autonomy, sexuality in older age, and sexual communication led to a greater amount of general support for SADs. Respondents were sensitive to the concerns of SADs in the context of fluid consent between partners and their safety.

Fisher perceptions of Belize’s Managed Access program reveal overall support but need for improved enforcement

A major challenge facing global fisheries is gaining support for sustainable management, which is vital for ensuring the longevity of coastal resources for livelihood and ecosystem benefits. Territorial User Rights for Fishing (TURFs) have emerged as a possible solution to overfishing by requiring fishers to report their catch, color-code their vessels, and fish in designated areas. Belize was the first country in the Caribbean to implement TURFs — in a program called “Managed Access” — with two pilot sites opening in 2011 and seven sites added in 2016. This study evaluates the knowledge, attitudes and perceptions of fishers in the Managed Access program, comparing responses between 2014 and 2019. We collaborated with the Belize Fisheries Department and two local conservation organizations to administer surveys to 362 fishers in 2014 and 123 fishers in 2019, from ten communities in southern Belize. Overall, fishers in both years understood the requirements for acquiring and renewing their licenses, but in 2019, significantly more fishers understood the logbook reporting requirement and the benefits of having tenure rights than those in 2014. 69% of respondents from 2019 support the program in the long run, but 62% report observing illegal fishing behavior. These data suggest a need to educate fishers about the benefits of accurate catch reporting, improve enforcement, and develop fisher empowerment programs, while also guiding management decisions on a national scale. Although the Managed Access program in Belize is fairly new, the lessons learned can be applied to other small-scale fisheries contexts.

Space and Place of Jerusalem; Sociology of Religion and Inter-Cultural Sociopolitical Peace and Conflict

The study presents cultural, religious and peace and conflict discourse on Jerusalem (Israel-Palestine conflict), attempting to remain outside the realpolitik and examine sociopolitical-religious synergy and critical peace and partially integral human securitisation. Interculturalism, multiculturalism, and such notions emerged in the 1970s, emphasising different cultures' equivalence and dialogue. Besides cultural and territorial determinants of the Arab-Israeli conflict, the status quo is conditioned by a religious rather than a secular approach to political organisation. Both civilisations view their inhabit area through religious rights, turning history into theology and different theology into sociopolitics. It presents a human conflict. While religion and nationalism based on power have often contributed to antagonism, and violence, the objectives of the three monotheist religions addressing peace suggest a shift towards mutual compromise from hegemonic visions to practical expectancies. Jerusalem is the holy place where all confessions have the right of residence. Infiltration of faith into this political dispute, Islamism, and Judaism is a religious aspect disputed between Jews and Arabs. Conflicts are mainly due to territory, and religion gives it a higher purpose within narratives regarding supernatural rights. Despite the inter-religious tensions and passions involved in the contradictory faith elevation at this religious source, the internal and external peace is influenced by politics. The holy city of Jerusalem is a perpetual “poor” case-study paradigm. The future sociopolitical life must work around healthy inter-cultural, inter-religious, socioeconomic development, and critical human security. The revenge practice could negatively influence (any) peace process–causes related to social, psychological, historical, cultural, and societal stagnation. Balkans–Bosnia and Herzegovina is a comparable paradigm to the Israel–Palestinian question. Similar policies maintain, clerical, national, and ethnopolitical patterns materialise, i.e., critical peace stalemate persists.

СОСТОЯНИЕ БЕЗРАБОТИЦЫ И БЕЗРАБОТНЫХ В РАЙОНЕ СТРОИТЕЛЬСТВА ТУРКЕСТАНО-СИБИРСКОЙ ЖЕЛЕЗНОЙ ДОРОГИ

Any railway begins with a pegdriven in by tunnellers at the site of the future route. The construction of railways is very expensive and technologically complicated process, requiring a lot of skilled labor. Laying the route is a high art that requires not only professional knowledge from the prospector, but also a special intuition. The unique project of the first half of the 20thcentury, which connected Asia and Siberia, became a landmark event for Kazakhstan. Already in the second half of the 19thcentury, the laying of railway lines along the Kazakh steppe began. The unique project of the first half of the 20thcentury, which connected Asia and Siberia, became a landmarkevent for Kazakhstan. The construction of the Turkestan-Siberian Railway is proof of these events.From the beginning of construction, disagreements began, connected both with construction and with the use of labor. Infringement of the rights of local residents was noted, not only due to lack of qualifications, but also for poor knowledge of Russian. On this topic, a large number of materials were considered, as well as archival materials of the Central State Archive of the Republic of Kazakhstan, which were introduced into scientific circulation.

Urban Housing for the Poor still a Contested Right: Case Reflections from Mumbai

It appears though surprisingly that on average, in Mumbai, a squatter will be relocated at least twenty times in his lifetime. especially in Mumbai, this means that Each time, the squatter needs to move out with his family and all his belongings. In some cases, this relocation entails slum redevelopment; in others, it involves invoking violence through court orders and evicting residents in the interests of large corporations or large-scale development projects. The right to housing seems a distant privilege under the Indian constitution. This study discusses the ongoing sagas of tenancy rights in urban India. Case studies of urban settlements that have run into difficulties with Slum Rehabilitation Authorities (SRAs), particularly movements led by housing associations, their struggles, and impediments amidst some successful outcomes. Our findings reveal that more work is required by SRAs, and public and private partnerships in Mumbai to counterbalance the removals and demolitions. Methodologically, the study is set in the tradition of interpretivist social construction. The authors also present a reflective analysis of a social worker’s role in the slums. The study argues that the poor will have a ‘fair go’ only when symptoms that prevent the poor in difficult social circum.

Twitter Ban in Nigeria: A Stigma to Democratic Governance

‘Twitter’ in the 21st century has become a useful tool for information gathering, sharing and interactions amongst individuals and for diplomatic negotiations between governments across the world. The potency along the communication lines of twitter lies in its ability to reach a wide and diversified audience quickly and simultaneously. Most intriguing is that individuals through public opinion on twitter hold governments accountable for their actions. With the application of libertarian theory, the prohibition on Twitter in Nigeria is investigated empirically in this study. Drawing on secondary sources of data collection, findings of the study revealed that regardless of the enormous prospects and economic relevance of twitter in Nigeria, the twitter ban is an undemocratic act and an utter infringement on freedom of expression and access to information sharing which constitute fundamental human rights. The study concluded by stating that the Nigerian government should revert the ban on twitter and restore the digital right of Nigerian residents to the platform. The study recommended that democratic institutions should be more consolidated so that the rule of law can be guaranteed. In addition, given that Nigeria is said to be a democratic country, rather than infringing on rights to freedom of speech and expression by control, banning or censoring of social media activities, the Nigerian government can opt for press conferences, press releases and even social media platforms to communicate with a larger crowd on brewing social issues.