Search results for: customary land
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 2224

Search results for: customary land

2224 The Impact of Customary Law on Children's Rights in Botswana

Authors: Nqobizwe Mvelo Ngema

Abstract:

Botswana has a dual legal system, one based on customary law and the other on the received law. This appears clearly from the Constitution that ring-fenced customary law from any constitutional scrutiny. A customary practice may continue even if it discriminates against women and children. As a result of this, numerous human rights of children are infringed. Firstly, if parents are married under customary law and separated, the custody is granted to the father and the mother merely having the right to visit. Secondly, female children are not entitled to inherit property. Thirdly, there is no age for marriage under customary law and even a child at the age of 10 years can get married. Lastly, marital power of a husband still continues under customary law and therefore females are still treated as perpetual minors. The latter infringement of rights is not in the best interests of children and conflicts with Botswana’s international obligations. Botswana is a signatory of various international and regional human rights instruments and it is suggested that it has to accelerate the incorporation of human rights instruments into domestic law in order to safeguard the best interest of children.

Keywords: custody, marital power, children's best interest, customary law

Procedia PDF Downloads 337
2223 Fiduciary in Theory and Practice: The Perspective of the Allodial Rights Holders of Customary Land in Ghana

Authors: Kwasi Sarfo, Bernard Okoampah Otu

Abstract:

The 1992 constitution of the Republic of Ghana recognises the authority and roles of traditional leaders and considers them as being entrusted with fiduciary responsibility over land in their respective territories. The new land act, Act 1036 of 2020, in buttressing the fiduciary role of traditional leaders in land matters, inserted the traditional leaders’ accountability clause. Many traditional leaders have expressed their misgivings about the insertion of this clause. Therefore, there appears to be a misunderstanding of the concept of fiduciary in land management in Ghana. The objective of this study is to examine the concept of fiduciary in respect of allodial rights holders in land management and administration and how this concept is perceived and applied by traditional leaders. The study seeks to provide insights into the discrepancy between fiduciary theory and its practical implementation in Ghana. The study is based on a qualitative empirical research approach and adopts in-depth interviews as a primary method of data collection. The study also adopts the theory of New Institutionalism of social anthropology in analysing and interpreting the findings. The data for this study was collected over a period of one year, from July 2022 to July 2023, as part of one of the author's PhD dissertation. The collected data were carefully analysed using the principles of thematic analysis, identifying key themes and patterns. This study does not seek to pursue the discussions from a legal standpoint but from a social anthropological perspective and argues that the concept of fiduciary in theory is far different from what pertains in practice and that traditional leaders’ assumptions and application of this concept contribute to the alienation of customary and communal land at the expense of their subjects. This study deepens our understanding of the continuous expropriation of communal landholders in many rural communities in Africa in the era of global land grabbing, which worsens their poverty levels. It also explains further the theory of new institutionalism of social anthropology by highlighting how the theory manifests in practice in the case of Ghana.

Keywords: fiduciary, customary land tenure, allodial rights, land alienation, communal land, Ghana

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2222 Using Kalosara Tradition for Conflict Resolution in Tolaki's People, Southeast Sulawesi

Authors: S. S. Ramis Rauf

Abstract:

This study will be explained the role of local wisdom in Tolakinese customary law on customs offense. The scope of this study was the informants who have a conflict located in Southeast Sulawesi. Then, their conflicts were resolved by using Kalosara tradition. The method of this study was a qualitative research by applying the techniques of deep interviews, revealing experiences and stories from informants, interviews customary leaders who are skilled and experienced in the customary settlement process of Kalosara tradition. Kalosara, as Tolakinese local wisdom, has contained in Tolakinese customary law. Kalosara was the application of customary law which was guided by Tolaki’s people when there was a problem. Knowledge and understanding of the customs have been conceived as something that comes from the ancestors. They created custom rules based on the law of Allah SWT for the elderly to do with full of awareness. Then, it was hereditary obeying by their children from generation to generation. The conflict occurred because of several things, namely bad words, aspersion, and other violations (such as harassment and affair). In custom settlement process, kalosara was done by using the enforcement of Tolakinese customary law that managed within an institution. It was called as Sara Wonua. It led by someone who was called as Pu'utobu that serves as a customary leader.

Keywords: kalosara, conflict resolution, tradition, unity, diversity

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2221 The Role of State Practices and Custom in Outer Space Law

Authors: Biswanath Gupta, Raju Kd

Abstract:

Space law is the new entry in the basket of international law in the latter half of the 20th Century. In the last hundred and fifty years, courts and scholars developed a consensus that, the custom is an important source of international law. Article 38(1) (b) of the statute of the International Court of Justice recognized international custom as a source of international law. State practices and usages have a greater role to play in formulating customary international law. This paper examines those state practices which can be qualified to become international customary law. Since, 1979 (after Moon Treaty) no hard law have been developed in the area of space exploration. It tries to link between state practices and custom in space exploration and development of customary international law in space activities. The paper uses doctrinal method of legal research for examining the current questions of international law. The paper explores different international legal documents such as General Assembly Resolutions, Treaty principles, working papers of UN, cases relating to customary international law and writing of jurists relating to space law and customary international law. It is argued that, principles such as common heritage of mankind, non-military zone, sovereign equality, nuclear weapon free zone and protection of outer space environment, etc. developed state practices among the international community which can be qualified to become international customary law.

Keywords: customary international law, state practice, space law, treaty

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2220 Legal Pluralism and Land Administration in West Sumatra: The Implementation of the Regulations of Both Local and Nagari Governments on Communal Land Tenure

Authors: Hilaire Tegnan

Abstract:

Land administration has always been a delicate issue in the history of nations, and Indonesia, a country where a significant number of the population lives a pastoral life is not exempt from this reality. This paper discusses land tenure issues in West Sumatra, an Indonesian province which is home to the Minangkabau people with their long existing village management system known as Nagari, established to settle disputes based on adat (custom) principles as well as to protect the rights of the community members. These rights include communal land (referred to as tanahulayat hereafter). Long before the Dutch occupation of Indonesian archipelago, the nagari government was vested with powers to regulate communal land in West Sumatra. However, this authority was constantly overlooked by the then Dutch colonial administration as well as the post-independence governments (both central and regional). To reinforce the Nagari government as the guardian of the customary law (hukumadat) and to specify its jurisdiction, the Regional Government of West Sumatra enacted two laws between 2000 and 2008: Law No. 9/2000 repealed by Law No. 2/2007 and Law No. 6/2008 on communal land tenure. Although these two laws provide legal grounds to address land issues across the region, land conflicts still prevail among West Sumatran populations due to unsynchronized and contradictory regulations. The protests against the army (Korem) in Nagari Kapalo Hilalang, against the oil palm company in Nagari Kinali, and against a cement factory in Nagari Lubuk Kilangan are cited in this paper as case references.

Keywords: local government, Nagari government, Tanah Ulayat, legal pluralism, land administration

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2219 Development of Regional Cooperation to Sustainable Implementation of Customary Refugee Solutions in International Arena

Authors: Md. Reduanul Haque

Abstract:

In recent time, more and more refugees are emerging in the international arena than the times ever that has come into the notice of world scholars. The prevailing customary solutions such as voluntary repatriation, local integration, and resettlement of refugee problem have been reflected unsustainable one for the lack of regional cooperation. In the international arena, the protraction of refugee problems is seen, and refugees are suffering due to the outrageous process of customary refugee solutions. If the regional cooperation can be developed, then the suffering of the refugees can be mitigated by the contribution of neighboring country and international and regional organizations. Data collected from the various secondary sources have been used throughout the research. It has been discussing in the refugee academia for a long time to develop regional cooperation mechanisms to ensure the sustainability of this solution and to make the environment of the country of origin for suitable voluntary repatriation as well as a durable solution. It is mainly qualitative research based on primary and secondary data will be studied on library-based project. Data collected by such methodology on this study indicates to make a bridge between the gaps of the cooperation mechanism and to make a more regional approach to share the burden and to strengthen the customary refugee solution. Hence, the importance of questing for a regional mechanism is to ensure the responsible countries to be more responsible towards refugees, their human rights, and durable solution under the mandate of the UNHCR. To implement effectively all the customary durable solutions, country to country or regional organization to organization based regional cooperation can be developed where the countries and regional organizations will work together to draw a sustainable solution to this problem in international context.

Keywords: refugee, regional cooperation, sustainable implementation, customary solutions, international arena

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2218 Urban Land Expansion Impact Assessment on Agriculture Land in Kabul City, Afghanistan

Authors: Ahmad Sharif Ahmadi, Yoshitaka Kajita

Abstract:

Kabul city is experiencing urban land expansion in an unprecedented scale, especially since the last decade. With massive population expansion and fast economic development, urban land has increasingly expanded and encroached upon agriculture land during the urbanization history of the city. This paper evaluates the integrated urban land expansion impact on agriculture land in Kabul city since the formation of the basic structure of the city between 1962-1964. The paper studies the temporal and spatial characteristic of agriculture land and agriculture land loss in Kabul city using geographic information system (GIS) and remote sensing till 2008. Many temporal Landsat Thematic Mapper (TM) imageries were interpreted to detect the temporal and spatial characteristics of agriculture land loss. Different interval study periods, however, had vast difference in the agriculture land loss which is due to the urban land expansion trends in the city. the high number of Agriculture land adjacent to the city center and urban fringe have been converted into urban land during the study period in the city, as the agriculture land is highly correlated with the urban land.

Keywords: agriculture land, agriculture land loss, Kabul city, urban land expansion, urbanization

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2217 Effects of Land Certification in Securing Women’s Land Rights: The Case of Oromia Regional State, Central Ethiopia

Authors: Mesfin Nigussie Ibido

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The study is designed to explore the effects of land certification in securing women’s land rights of two rural villages in Robe district at Arsi Zone of Oromia regional state. The land is very critical assets for human life survival and the backbone for rural women livelihood. Equal access and control power to the land have given a chance for rural women to participate in different economic activities and improve their bargaining ability for decision making on their rights. Unfortunately, women were discriminated and marginalized from access and control of land for centuries through customary practices. However, in many countries, legal reform is used as a powerful tool for eliminating discriminatory provisions in property rights. Among other equity and efficiency concerns, the land certification program in Ethiopia attempts to address gender bias concerns of the current land-tenure system. The existed rural land policy was recognizing a women land rights and benefited by strengthened wives awareness of their land rights and contribute to the strong involvement of wives in decision making. However, harmful practices and policy implementation problems still against women do not fully exercise a provision of land rights in a different area of the country. Thus, this study is carried out to examine the effect of land certification in securing women’s land rights by eliminating the discriminatory nature of cultural abuses of study areas. Probability and non-probability sampling types were used, and the sample size was determined by using the sampling distribution of the proportion method. Systematic random sampling method was applied by taking the nth element of the sample frame. Both quantitative and qualitative research methods were applied, and survey respondents of 192 households were conducted and administering questionnaires in the quantitative method. The qualitative method was applied by interviews with focus group discussions with rural women, case stories, Village, and relevant district offices. Triangulation method was applied in data collection, data presentation and in the analysis of findings. Study finding revealed that the existence of land certification is affected by rural women positively by advancing their land rights, but still, some women are challenged by unsolved problems in the study areas. The study forwards recommendation on the existed problems or gaps to ensure women’s equal access to and control over land in the study areas.

Keywords: decision making, effects, land certification, land right, tenure security

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2216 Trashing Customary International Law Comprehensive Evaluation

Authors: Hamid Vahidkia

Abstract:

Central to the World Court’s mission is the assurance of universal custom “as prove of a common hone acknowledged as law.” Understudies of the Court’s law have long been mindful that the Court has been superior at applying standard law than characterizing it. However until Nicaragua v. Joined together States, small hurt was done. For within the strongly challenged cases earlier to Nicaragua, the Court overseen to inspire commonalities in factious structure that floated its decisions toward the standard standards certain in state hone. The Court’s need of hypothetical unequivocality basically implied that a career opportunity emerged for a few eyewitnesses like me to endeavor to supply the lost hypothesis of custom.

Keywords: law, international law, jurisdication, customary

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2215 State Forest Management Practices by Indigenous Peoples in Dharmasraya District, West Sumatra Province, Indonesia

Authors: Abdul Mutolib, Yonariza Mahdi, Hanung Ismono

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The existence of forests is essential to human lives on earth, but its existence is threatened by forest deforestations and degradations. Forest deforestations and degradations in Indonesia is not only caused by the illegal activity by the company or the like, even today many cases in Indonesia forest damage caused by human activities, one of which cut down forests for agriculture and plantations. In West Sumatra, community forest management are the result supported the enactment of customary land tenure, including ownership of land within the forest. Indigenous forest management have a positive benefit, which gives the community an opportunity to get livelihood and income, but if forest management practices by indigenous peoples is not done wisely, then there is the destruction of forests and cause adverse effects on the environment. Based on intensive field works in Dhamasraya District employing some data collection techniques such as key informant interviews, household surveys, secondary data analysis, and satellite image interpretation. This paper answers the following questions; how the impact of forest management by local communities on forest conditions (foccus in Forest Production and Limited Production Forest) and knowledge of the local community on the benefits of forests. The site is a Nagari Bonjol, Dharmasraya District, because most of the forest in Dharmasraya located and owned by Nagari Bonjol community. The result shows that there is damage to forests in Dharmasraya because of forest management activities by local communities. Damage to the forest area of 33,500 ha in Dharmasraya because forests are converted into oil palm and rubber plantations with monocultures. As a result of the destruction of forests, water resources are also diminishing, and the community has experienced a drought in the dry season due to forest cut down and replaced by oil palm plantations. Knowledge of the local community on the benefits of low forest, the people considered that the forest does not have better benefits and cut down and converted into oil palm or rubber plantations. Local people do not understand the benefits of ecological and environmental services that forests. From the phenomena in Dharmasraya on land ownership, need to educate the local community about the importance of protecting the forest, and need a strategy to integrate forests management to keep the ecological functions that resemble the woods and counts the economic benefits for the welfare of local communities. One alternative that can be taken is to use forest management models agroforestry smallholders in accordance with the characteristics of the local community who still consider the economic, social and environmental.

Keywords: community, customary land, farmer plantations, and forests

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2214 Securing Land Rights for Food Security in Africa: An Appraisal of Links Between Smallholders’ Land Rights and the Right to Adequate Food in Ethiopia

Authors: Husen Ahmed Tura

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There are strong links between secure land rights and food security in Africa. However, as land is owned by governments, land users do not have adequate legislative protection. This article explores normative and implementation gaps in relation to small-scale farmers’ land rights under the Ethiopia’s law. It finds that the law facilitates eviction of small-scale farmers and indigenous peoples from their land without adequate alternative means of livelihood. It argues that as access to land and other natural resources is strongly linked to the right to adequate food, Ethiopia should reform its land laws in the light of its legal obligations under international human rights law to respect, protect and fulfill the right to adequate food and ensure freedom from hunger.

Keywords: smallholder, secure land rights , food security, right to food, land grabbing, forced evictions

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2213 Remote Sensing and GIS for Land Use Change Assessment: Case Study of Oued Bou Hamed Watershed, Southern Tunisia

Authors: Ouerchefani Dalel, Mahdhaoui Basma

Abstract:

Land use change is one of the important factors needed to evaluate later on the impact of human actions on land degradation. This work present the application of a methodology based on remote sensing for evaluation land use change in an arid region of Tunisia. This methodology uses Landsat TM and ETM+ images to produce land use maps by supervised classification based on ground truth region of interests. This study showed that it was possible to rely on radiometric values of the pixels to define each land use class in the field. It was also possible to generate 3 land use classes of the same study area between 1988 and 2011.

Keywords: land use, change, remote sensing, GIS

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2212 Analysis of Changes in Land Uses Planning for Bangalore City as per Master Plans

Authors: Minakshi Goswami, M. V. Khire

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The urban land use is an outcome of geographical and socio economic factors over the decades. Hence, spatial information on land use and possibilities of alternate use is essential for the selection, planning and implementation to meet the increasing demands of human needs and welfare of the urban area. This information assists in monitoring the land use resulting out of charging demands of increasing urban population over the decades. So in this paper, a detailed work on urban land use pattern, with a special reference to build up land in Bangalore city is analyzed in view of the various master plans from 1975to 2011. An attempt has been made to study the status of urban land use of Bangalore city during this period to detect the changes on land utilization rate that has taken place in each master plan period, particularly in the built-up land. The set of measures taken by the city corporation to contain the problems regarding the extremely bothering existing land use in Bangalore city is analyzed.

Keywords: built up land, land use changes, master plan, population

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2211 Land-Use Suitability Analysis for Merauke Agriculture Estates

Authors: Sidharta Sahirman, Ardiansyah, Muhammad Rifan, Edy-Melmambessy

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Merauke district in Papua, Indonesia has a strategic position and natural potential for the development of agricultural industry. The development of agriculture in this region is being accelerated as part of Indonesian Government’s declaration announcing Merauke as one of future national food barns. Therefore, land-use suitability analysis for Merauke need to be performed. As a result, the mapping for future agriculture-based industries can be done optimally. In this research, a case study is carried out in Semangga sub district. The objective of this study is to determine the suitability of Merauke land for some food crops. A modified agro-ecological zoning is applied to reach the objective. In this research, land cover based on satellite imagery is combined with soil, water and climate survey results to come up with preliminary zoning. Considering the special characteristics of Merauke community, the agricultural zoning maps resulted based on those inputs will be combined with socio-economic information and culture to determine the final zoning map for agricultural industry in Merauke. Examples of culture are customary rights of local residents and the rights of local people and their own local food patterns. This paper presents the results of first year of the two-year research project funded by The Indonesian Government through MP3EI schema. It shares the findings of land cover studies, the distribution of soil physical and chemical parameters, as well as suitability analysis of Semangga sub-district for five different food plants.

Keywords: agriculture, agro-ecological, Merauke, zoning

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2210 Government Intervention in Land Market

Authors: Waqar Ahmad Bajwa

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In the land market, there are two kinds of government intervention. First one is the control of development and second is the supply of land. In the both intervention Government has a lot of benefits. In development control the government designation of conservation areas and the effects of growth controls which may increase the price of land. On other hand Government also apply charge fee on land. The second type of intervention is to increase the supply of land, either by direct action or indirect action, as in the Pakistan, by obligatory purchase or important domain.

Keywords: supply of control, control of development, charge fee, land control

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2209 A Preliminary Study for Design of Automatic Block Reallocation Algorithm with Genetic Algorithm Method in the Land Consolidation Projects

Authors: Tayfun Çay, Yasar İnceyol, Abdurrahman Özbeyaz

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Land reallocation is one of the most important steps in land consolidation projects. Many different models were proposed for land reallocation in the literature such as Fuzzy Logic, block priority based land reallocation and Spatial Decision Support Systems. A model including four parts is considered for automatic block reallocation with genetic algorithm method in land consolidation projects. These stages are preparing data tables for a project land, determining conditions and constraints of land reallocation, designing command steps and logical flow chart of reallocation algorithm and finally writing program codes of Genetic Algorithm respectively. In this study, we designed the first three steps of the considered model comprising four steps.

Keywords: land consolidation, landholding, land reallocation, optimization, genetic algorithm

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2208 Modeling the Impacts of Road Construction on Lands Values

Authors: Maha Almumaiz, Harry Evdorides

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Change in land value typically occurs when a new interurban road construction causes an increase in accessibility; this change in the adjacent lands values differs according to land characteristics such as geographic location, land use type, land area and sale time (appraisal time). A multiple regression model is obtained to predict the percent change in land value (CLV) based on four independent variables namely land distance from the constructed road, area of land, nature of land use and time from the works completion of the road. The random values of percent change in land value were generated using Microsoft Excel with a range of up to 35%. The trend of change in land value with the four independent variables was determined from the literature references. The statistical analysis and model building process has been made by using the IBM SPSS V23 software. The Regression model suggests, for lands that are located within 3 miles as the straight distance from the road, the percent CLV is between (0-35%) which is depending on many factors including distance from the constructed road, land use, land area and time from works completion of the new road.

Keywords: interurban road, land use types, new road construction, percent CLV, regression model

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2207 Empirical Studies of Indigenous Reserved Land in Taiwan- An Example of a Truku Tribe in Hualien County

Authors: Chuanju Cheng

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In Taiwan, the system of indigenous reserved land was established in 1928 during the Japanese rule. The purpose of setting up indigenous reserved land is to support the livelihood of tribal peoples who live in the mountainous area. Since 1945, the KMT government has kept the indigenous reserved land; in principle, only indigenous people can use indigenous reserved land. However, the government also makes some exceptions for non-indigenous peoples to use the land. Furthermore, since 1966, an indigenous individual can have ownership (fee simple) over the land he/she uses. Recent studies showed that there are many problems regarding the indigenous reserved lands, such as indigenous peoples have been losing ownership of their land (both legally and illegally), mismatched data of the true owner and the nominal owner, overutilization of the reserved land and so on. Using a Truku tribe in Hualien County as an example, this paper tries to find out how many people still own indigenous reserved land, do land owners constantly utilize their lands, and if so, whether or not (and by what extent) the indigenous reserved land support the livelihood of tribal peoples? After ten months of working data-collecting, we’ve successfully collected 327 questionnaires (70% of total households); preliminary research results show that less than 5% of indigenous reserved land in and around that specific Truku tribe is owned by tribal people. And most of the landowners do not utilize indigenous reserved land. It seems that the indigenous reserved land system does not meet its legislative goals and needs to be redesigned.

Keywords: indigenous people, truku nation, taiwan, indigenous reserved land, poverty, economic development

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2206 Determination and Evaluation of the Need of Land Consolidation for Nationalization Purpose with the Survey Results

Authors: Turgut Ayten, Tayfun Çay, Demet Ayten

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In this research, nationalization method for obtaining land on the destination of Ankara-Konya High Speed Train in Turkey; Land consolidation for nationalization purpose as an alternative solution on obtaining land; a survey prepared for land owners whose lands were nationalized and institution officials who carries out the nationalization and land consolidation was applied, were investigated and the need for land consolidation for nationalization purpose is tried to be put forth. Study area is located in the Konya city- Kadınhanı district-Kolukısa and Sarikaya neighbourhood in Turkey and land consolidation results of the selected field which is on the destination of the high-speed train route were obtained. The data obtained was shared with the landowners in the research area, their choice between the nationalization method and land consolidation for nationalization method was questioned. In addition, the organization and institution officials who are accepted to used primarily by the state for obtaining land that are needed for the investments of state, and institution officials who make land consolidation were investigated on the issues of the efficiency of the methods they used and if they tried different methods.

Keywords: nationalization, land consolidation, land consolidation for nationalization

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2205 Land Use Changes in Two Mediterranean Coastal Regions: Do Urban Areas Matter?

Authors: L. Salvati, D. Smiraglia, S. Bajocco, M. Munafò

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This paper focuses on Land Use and Land Cover Changes (LULCC) occurred in the urban coastal regions of the Mediterranean basin in the last thirty years. LULCC were assessed diachronically (1975-2006) in two urban areas, Rome (Italy) and Athens (Greece), by using CORINE land cover maps. In strictly coastal territories a persistent growth of built-up areas at the expenses of both agricultural and forest land uses was found. On the contrary, a different pattern was observed in the surrounding inland areas, where a high conversion rate of the agricultural land uses to both urban and forest land uses was recorded. The impact of city growth on the complex pattern of coastal LULCC is finally discussed.

Keywords: land use changes, coastal region, Rome prefecture, Attica, southern Europe

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2204 Land, History and Housing: Colonial Legacies and Land Tenure in Kuala Lumpur

Authors: Nur Fareza Mustapha

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Solutions to policy problems need to be curated to the local context, taking into account the trajectory of the local development path to ensure its efficacy. For Kuala Lumpur, rapid urbanization and migration into the city for the past few decades have increased the demand for housing to accommodate a growing urban population. As a critical factor affecting housing affordability, land supply constraints have been attributed to intensifying market pressures, which grew in tandem with the demands of urban development, along with existing institutional constraints in the governance of land. While demand-side pressures are inevitable given the fixed supply of land, supply-side constraints in regulations distort markets and if addressed inappropriately, may lead to mistargeted policy interventions. Given Malaysia’s historical development, regulatory barriers for land may originate from the British colonial period, when many aspects of the current laws governing tenure were introduced and formalized, and henceforth, became engrained in the system. This research undertakes a postcolonial institutional analysis approach to uncover the causal mechanism driving the evolution of land tenure systems in post-colonial Kuala Lumpur. It seeks to determine the sources of these shifts, focusing on the incentives and bargaining positions of actors during periods of institutional flux/change. It aims to construct a conceptual framework to further this understanding and to elucidate how this historical trajectory affects current access to urban land markets for housing. Archival analysis is used to outline and analyse the evolution of land tenure systems in Kuala Lumpur while stakeholder interviews are used to analyse its impact on the current urban land market, with a particular focus on the provision of and access to affordable housing in the city. Preliminary findings indicate that many aspects of the laws governing tenure that were introduced and formalized during the British colonial period have endured until the present day. Customary rules of tenure were displaced by rules following a European tradition, which found legitimacy through a misguided interpretation of local laws regarding the ownership of land. Colonial notions of race and its binary view of native vs. non-natives have also persisted in the construction and implementation of current legislation regarding land tenure. More concrete findings from this study will generate a more nuanced understanding of the regulatory land supply constraints in Kuala Lumpur, taking into account both the long and short term spatial and temporal processes that affect how these rules are created, implemented and enforced.

Keywords: colonial discourse, historical institutionalism, housing, land policy, post-colonial city

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2203 Analysis on the Development and Evolution of China’s Territorial Spatial Planning

Authors: He YuanYan

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In recent years, China has implemented the reform of land and space planning. As an important public policy, land and space planning plays a vital role in the construction and development of cities. Land and space planning throughout the country is in full swing, but there are still many disputes from all walks of life. The content, scope, and specific implementation process of land and space planning are also ambiguous, leading to the integration of multiple regulation problems such as unclear authority, unclear responsibilities, and poor planning results during the implementation of land and space planning. Therefore, it is necessary to sort out the development and evolution of domestic and foreign land space planning, clarify the problems and cruxes from the current situation of China's land space planning, and sort out the obstacles and countermeasures to the implementation of this policy, so as to deepen the understanding of the connotation of land space planning. It is of great practical significance for all planners to correctly understand and clarify the specific contents and methods of land space planning and to smoothly promote the implementation of land space planning at all levels.

Keywords: territorial spatial planning, public policy, land space, overall planning

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2202 Land Use/Land Cover Mapping Using Landsat 8 and Sentinel-2 in a Mediterranean Landscape

Authors: Moschos Vogiatzis, K. Perakis

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Spatial-explicit and up-to-date land use/land cover information is fundamental for spatial planning, land management, sustainable development, and sound decision-making. In the last decade, many satellite-derived land cover products at different spatial, spectral, and temporal resolutions have been developed, such as the European Copernicus Land Cover product. However, more efficient and detailed information for land use/land cover is required at the regional or local scale. A typical Mediterranean basin with a complex landscape comprised of various forest types, crops, artificial surfaces, and wetlands was selected to test and develop our approach. In this study, we investigate the improvement of Copernicus Land Cover product (CLC2018) using Landsat 8 and Sentinel-2 pixel-based classification based on all available existing geospatial data (Forest Maps, LPIS, Natura2000 habitats, cadastral parcels, etc.). We examined and compared the performance of the Random Forest classifier for land use/land cover mapping. In total, 10 land use/land cover categories were recognized in Landsat 8 and 11 in Sentinel-2A. A comparison of the overall classification accuracies for 2018 shows that Landsat 8 classification accuracy was slightly higher than Sentinel-2A (82,99% vs. 80,30%). We concluded that the main land use/land cover types of CLC2018, even within a heterogeneous area, can be successfully mapped and updated according to CLC nomenclature. Future research should be oriented toward integrating spatiotemporal information from seasonal bands and spectral indexes in the classification process.

Keywords: classification, land use/land cover, mapping, random forest

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2201 Classify Land Use/Cover Change and Its Impact on Soil Erosion Using GIS from 2005 to 2015 in Nzhelele Valley Limpopo Province, South Africa

Authors: Blessing Mavhuru, Nthaduleni Nethengwe, Hector Chikoore, Onyango Beneah Daniel Odhiambo

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The main objective of this study was to classify land use/cover and how it has changed in Nzhelele Valley Limpopo Province, South Africa. The study aimed to identify and analyse the types of land use/cover in the years 2005, 2010, and 2015 with a view to assess the impact on soil erosion over time. Using GIS, the changes within land use/cover were assessed through the classification of satellite images. The study area was classified into four major land cover/use classes, which are vegetation, gravel road, built up land and agricultural fields. Over the period 2005-2015 the resultant land use/cover demonstrated (i) a significant increase (12%) for vegetation cover, (ii) a significant decrease in agriculture (16%) land use/cover, (iii) increase in built-up land (1%), as well as (iv) an increase in gravel roads (3%). This study envisages assisting policy makers in decision making on land use management for Nzhelele Valley.

Keywords: land use, land cover, change, soil erosion

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2200 Sustainable Land Use Policy and Monitoring Urban Land Expansion in Kabul: A Case Study of Rapid Urbanization

Authors: Osama Hidayat, Yoshitaka Kajiat

Abstract:

Kabul is a city that is highly representative of Afghanistan’s rapid urbanization process. As the city rapidly expands, there are enormous challenges to the sustainable use of land resources. This paper evaluates land use change and urban spatial expansion, from 1950 to 2016, in Kabul the capital of Afghanistan, using satellite images, field observation, and socio-economic data. The discussion covers the reduction in rural-to-urban land conversion, the delineation of urban growth boundaries, arable land reclamation and the establishment of farmland protection areas, urban upgrading, and the investigation and prosecution of illegal construction. This paper considers the aspects of urbanization and land management systems in Afghanistan. Efficient frames are outlined in Kabul for the following elements: governmental self-restraint and policy modification. The paper concludes that Kabul’s sustainable land use practices can provide a reference for other cities in Afghanistan.

Keywords: urban land expansion, urbanization, land use policy, sustainable development

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2199 An Evaluation of the Trends in Land Values around Institutions of Higher Learning in North Central Nigeria

Authors: Ben Nwokenkwo, Michael M. Eze, Felix Ike

Abstract:

The need to study trends in land values around institutions of higher learning cannot be overemphasized. Numerous studies in Nigeria have investigated the economic, and social influence of the sitting of institutions of higher learning at the micro, meso and macro levels. However, very few studies have evaluated the temporal extent at which such institution influences local land values. Since institutions greatly influence both the physical and environmental aspects of their immediate vicinity, attention must be taken to understand the influence of such changes on land values. This study examines the trend in land values using the Mann-Kendall analysis in order to determine if, between its beginning and end, a monotonic increase, decrease or stability exist in the land values across six institutions of higher learning for the period between 2004 and 2014. Specifically, The analysis was applied to the time series of the price(or value) of the land .The results of this study revealed that land values has either been increasing or remained stabled across all the institution sampled. The study finally recommends measures that can be put in place as counter magnets for land values estimation across institutions of higher learning.

Keywords: influence, land, trend, value

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2198 A GIS Based Composite Land Degradation Assessment and Mapping of Tarkwa Mining Area

Authors: Bernard Kumi-Boateng, Kofi Bonsu

Abstract:

The clearing of vegetation in the Tarkwa Mining Area (TMA) for the purposes of mining, lumbering and development of settlement for the increasing population has caused a large scale denudation of the forest cover and erosion of the top soil thereby degrading the agriculture land. It is, therefore, essential to know the current status of land degradation in TMA so as to facilitate land conservation policy-making. The types of degradation, the extents of the degradations and their various degrees were combined to develop a composite land degradation index to assess the current status of land degradation in TMA using GIS based techniques. The assessment revealed that the most significant types of degradation in TMA were open pit and quarry mining; urbanisation and other construction projects; and surface scraping during land clearing. It was found that 21.62 % of the total area of TMA (353.07 km2) had high degradation index rating. It is recommended that decision makers use this assessment as a reference point for future initiatives that will be taken in order to develop land conservation policy.

Keywords: degradation, GIS, land, mining

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2197 Drivers of Land Degradation in Trays Ecosystem as Modulated under a Changing Climate: Case Study of Côte d'Ivoire

Authors: Kadio Valere R. Angaman, Birahim Bouna Niang

Abstract:

Land degradation is a serious problem in developing countries, including Cote d’Ivoire, which has its economy focused on agriculture. It occurs in all kinds of ecosystems over the world. However, the drivers of land degradation vary from one region to another and from one ecosystem to another. Thus, identifying these drivers is an essential prerequisite to developing and implementing appropriate policies to reverse the trend of land degradation in the country, especially in the trays ecosystem. Using the binary logistic model with primary data obtained through 780 farmers surveyed, we analyze and identify the drivers of land degradation in the trays ecosystem. The descriptive statistics show that 52% of farmers interviewed have stated facing land degradation in their farmland. This high rate shows the extent of land degradation in this ecosystem. Also, the results obtained from the binary logit regression reveal that land degradation is significantly influenced by a set of variables such as sex, education, slope, erosion, pesticide, agricultural activity, deforestation, and temperature. The drivers identified are mostly local; as a result, the government must implement some policies and strategies that facilitate and incentive the adoption of sustainable land management practices by farmers to reverse the negative trend of land degradation.

Keywords: drivers, land degradation, trays ecosystem, sustainable land management

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2196 Study of Land Use Land Cover Change of Bhimbetka with Temporal Satellite Data and Information Systems

Authors: Pranita Shivankar, Devashree Hardas, Prabodhachandra Deshmukh, Arun Suryavanshi

Abstract:

Bhimbetka Rock Shelters is the UNESCO World Heritage Site located about 45 kilometers south of Bhopal in the state of Madhya Pradesh, India. Rapid changes in land use land cover (LULC) adversely affect the environment. In recent past, significant changes are found in the cultural landscape over a period of time. The objective of the paper was to study the changes in land use land cover (LULC) of Bhimbetka and its peripheral region. For this purpose, the supervised classification was carried out by using satellite images of Landsat and IRS LISS III for the year 2000 and 2013. Use of remote sensing in combination with geographic information system is one of the effective information technology tools to generate land use land cover (LULC) change information.

Keywords: IRS LISS III, Landsat, LULC, UNESCO, World Heritage Site

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2195 Urban Land Use Type Analysis Based on Land Subsidence Areas Using X-Band Satellite Image of Jakarta Metropolitan City, Indonesia

Authors: Ratih Fitria Putri, Josaphat Tetuko Sri Sumantyo, Hiroaki Kuze

Abstract:

Jakarta Metropolitan City is located on the northwest coast of West Java province with geographical location between 106º33’ 00”-107º00’00”E longitude and 5º48’30”-6º24’00”S latitude. Jakarta urban area has been suffered from land subsidence in several land use type as trading, industry and settlement area. Land subsidence hazard is one of the consequences of urban development in Jakarta. This hazard is caused by intensive human activities in groundwater extraction and land use mismanagement. Geologically, the Jakarta urban area is mostly dominated by alluvium fan sediment. The objectives of this research are to make an analysis of Jakarta urban land use type on land subsidence zone areas. The process of producing safer land use and settlements of the land subsidence areas are very important. Spatial distributions of land subsidence detection are necessary tool for land use management planning. For this purpose, Differential Synthetic Aperture Radar Interferometry (DInSAR) method is used. The DInSAR is complementary to ground-based methods such as leveling and global positioning system (GPS) measurements, yielding information in a wide coverage area even when the area is inaccessible. The data were fine tuned by using X-Band image satellite data from 2010 to 2013 and land use mapping data. Our analysis of land use type that land subsidence movement occurred on the northern part Jakarta Metropolitan City varying from 7.5 to 17.5 cm/year as industry and settlement land use type areas.

Keywords: land use analysis, land subsidence mapping, urban area, X-band satellite image

Procedia PDF Downloads 239