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Pastoralism and Land Tenure Transformation in Sub-Saharan Africa: Conflicting Policies and Priorities in Ngamiland, Botswana

Peer-reviewed publication
December, 2017
Botswana
Africa

In dryland Africa, access to land and water resources are central to pastoral livelihood activities. Policy intervention in these regions represents the outcome of concerted post-independence processes in which countries have committed to land tenure transformation as a policy objective. This was meant to create private, liberal property rights to replace communal customary tenure systems which were considered to be a constraint to development. Despite these efforts, decades of scientific research indicate that countries are still struggling to meet environmental sustainability objectives.

Law, Violence, and Property Expropriation in Syria: Impediments to Restitution and Return

Peer-reviewed publication
November, 2019
Syrian Arab Republic

After eight years of civil war, parts of Syria are now free from conflict. In recognition of the return to peace, the government officially welcomes back all who fled the country to escape violence. Yet, a pattern of property expropriation supported by the government during the war limits the ability of some to return and reclaim their homes and businesses.

Breathing Life into Dead Theories About Property Rights: De Soto and Land Relations in Rural Africa

Reports & Research
December, 2006
Kenya

Presumption of a direct causal link between formalisation of property rights
and economic productivity is back on the international development agenda.
Belief in such a direct causal relationship had been abandoned in the early
1990s, following four decades of land tenure reform experiments that failed to
produce the anticipated efficiency results. The work of Hernando de Soto has
provided the springboard for this revival. De Soto argues that formal property
rights hold the key to poverty reduction by unlocking the capital potential of

Property rights and the Constitution: the position of aliens in Kenya

Journal Articles & Books
December, 1990
Kenya

This study exemplifies the relationship, commonly found in developing countries, between the domain of public law and the sphere of property law. More particularly, the study examines the place of aliens in Kenya with respect to property rights, notably rights to land. The Kenyan Constitution expressly deals with the question of discriminatory laws. Section 82(4)(a) allows the making of laws that discriminate between citizens and noncitizens. This gives validity to the various statutory provisions that restrict the acquisition of property by aliens.

Breathing Life into Dead Theories about Property Rights: de Soto and Land Relations in Rural Africa

Reports & Research
December, 2006
Africa

Presumption of a direct causal link between formalisation of property rights
and economic productivity is back on the international development agenda.
Belief in such a direct causal relationship had been abandoned in the early
1990s, following four decades of land tenure reform experiments that failed to
produce the anticipated efficiency results. The work of Hernando de Soto has
provided the springboard for this revival. De Soto argues that formal property
rights hold the key to poverty reduction by unlocking the capital potential of

Reconstruction of China’s Farmland Rights System Based on the ‘Trifurcation of Land Rights’ Reform

Peer-reviewed publication
February, 2020
China

With the aim of improving farmland use efficiency without damaging the social function of farmland, Chinese policymakers have proposed the ‘trifurcation of land rights’ reform. When it comes to realization of the law, however, neither the Ownership Model nor the Bundle of Sticks Model can adequately explain this reform. The tree concept of property, which provides a new perspective in delineating property rights based on the function served by specific properties, is thus adopted.

Reconstruction of China’s Farmland Rights System Based on the ‘Trifurcation of Land Rights’ Reform

Peer-reviewed publication
January, 2020
China

With the aim of improving farmland use efficiency without damaging the social function of farmland, Chinese policymakers have proposed the ‘trifurcation of land rights’ reform. When it comes to realization of the law, however, neither the Ownership Model nor the Bundle of Sticks Model can adequately explain this reform. The tree concept of property, which provides a new perspective in delineating property rights based on the function served by specific properties, is thus adopted.

Land markets, Property rights, and Deforestation: Insights from Indonesia

Peer-reviewed publication
October, 2017
Indonesia

We examine the emergence of land markets and their effects on forest land appropriation by farm households in Jambi Province, Sumatra, using micro-level data covering land use and land transactions for a period of more than 20 years (1992–2015). Based on a theoretical model of land acquisition by a heterogeneous farming population, different hypotheses are developed and empirically tested. Farm households involved in forest land appropriation differ from those involved in land market purchases in terms of migration status and other socioeconomic characteristics.

After 200 Years, Why is Indonesia's Cadastral System Still Incomplete?

Policy Papers & Briefs
January, 2016
Indonesia

This paper discusses Indonesia’s experience with establishing a uniform cadastral system in rural areas since the idea was first mooted in the early 19th century. Until 1961, a formal cadastre that identified, measured, registered and certified land titles existed only in urban areas. A cadastre for rural land did not start until after the 1960 Agrarian Law. Until then, the village-based land tax registers acted as a substitute cadastral register in areas subject to land tax.