Academic literature on the topic 'Land tenure (Igbo law)'

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Journal articles on the topic "Land tenure (Igbo law)"

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Obioha, Emeka E. "Change in Tenure Pattern and Customary Land Practices among Igbo Community in Southeastern Nigeria." Anthropologist 10, no. 1 (January 2008): 45–53. http://dx.doi.org/10.1080/09720073.2008.11891028.

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Ubink, Janine M. "Tenure Security: Wishful Policy Thinking or Reality? A Case from Peri-Urban Ghana." Journal of African Law 51, no. 2 (September 25, 2007): 215–48. http://dx.doi.org/10.1017/s0021855307000307.

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AbstractMany areas in Africa facing land shortage and competition witness increasingly restricted and insecure access to land for the poor majority. Mounting evidence of reduced tenure security shows that customary systems are often unable to evolve equitably. In contrast with this crisis in customary land administration, current international land policy is witnessing renewed interest in customary tenure systems. Ghana's current land policy resonates with this international trend. This article focuses on peri-urban Kumasi, Ghana, to acquire an insight into struggles and negotiations over customary land tenure in a rapidly urbanizing area. It then tries to explain why policymakers, in Ghana and in general, do not yet seem to have reflected the crisis in customary land management in their policies. The article concludes with some recommendations as to how policymakers could respond.
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Assies, Willem. "Land tenure, land law and development: some thoughts on recent debates." Journal of Peasant Studies 36, no. 3 (July 2009): 573–89. http://dx.doi.org/10.1080/03066150903142824.

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Gebremichael, Brightman. "Heartrending or Uplifting: The Ethiopian Urban Land Tenure System Reform and Its Reflection on Tenure Security of Permit Holders." Journal of Developing Societies 33, no. 3 (August 22, 2017): 291–310. http://dx.doi.org/10.1177/0169796x17716995.

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In this article, I reflect on the implication of the urban land tenure systems of the three political regimes of Ethiopia on the objective element of land tenure security of urban landholders, particularly, permit holders. The objective element of land tenure security can be assessed in terms of clarity and breadth, duration, assurance, and enforceability of land rights. On these foundations, I argue that the objective element of tenure security of urban landholders in Ethiopia has been reduced with each subsequent regime. The Imperial regime’s urban land tenure system affected the objective land tenure security of urban landholders in terms of enforceability of land rights—particularly limiting the right to appeal to a presumably independent court of law with regard to the amount of compensation awarded for the loss of land rights through expropriation. The Derg regime’s urban land tenure system, on the other hand, had narrowed the breadth of land rights to possessory right; it introduced other grounds in addition to expropriation, by which a landholder could lose his land rights, it adopted a vague and broad understanding of “public purpose” for expropriation, and it introduced a compensation scheme that left a landholder compensated inadequately; and it totally prohibited bringing a legal action in presumably an independent court of law against the government. Even more, the post-1991 urban land tenure system has perpetuated the objective land tenure insecurity of permit holders by making the land rights unclear until the enactment of regulation; and to be valid for a definite period of time by mandatorily demanding its conversion to lease system.
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Ng'ong'ola, Clement. "Land Problems in Some Peri-Urban Villages in Botswana and Problems of Conception, Description and Transformation of “Tribal” Land Tenure." Journal of African Law 36, no. 2 (1992): 140–67. http://dx.doi.org/10.1017/s0021855300009864.

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In Botswana, as in several other African countries with a similar historical experience, a dual or plural land tenure system was carried over from the colonial era. The bulk of the land falls within the category of “tribal land”. It is predominantly held and occupied by indigenous peoples under customary notions of land tenure. The State also holds as “State land” a fairly significant proportion which fell under the category of “Crown lands” during the colonial era. A tiny proportion now falls within the category of “freehold land”. This is predominantly held and occupied in conformity with common law notions and conceptions imported into the country with colonial rule. To some extent both State land and freehold land are held under or governed by “received law”, in contradistinction to tribal land which is largely held under customary law.In 1968, barely two years after independence, the Botswana parliament enacted legislation which attempted to reform customary land tenure by replacing existing customary or tribal institutions of land control and administration with statutory land boards. These started operating in 1970, and it soon became apparent from early assessments that even this limited and cautious programme of reform would not escape some of the problems associated with land transformation exercises elsewhere in Africa.
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Strack, Mick. "Land and rivers can own themselves." International Journal of Law in the Built Environment 9, no. 1 (April 10, 2017): 4–17. http://dx.doi.org/10.1108/ijlbe-10-2016-0016.

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Purpose The purpose of this paper is to describe and critically review the new tenure arrangements that have been established to recognise Māori relationship with land (Te Urewera) and river (Whanganui River), to ascribe them their own legal personality. Design/methodology/approach The paper describes the development of the legal arrangements in Aotearoa, New Zealand, for Treaty settlements with Māori, and documents the various forms of rights and divisions of space that are changing the face of property institutions. Findings The paper finds that the acknowledgement of land and nature as having their own legal status and, therefore, owned by themselves is bold and innovative, but is still not a full recognition of customary tenure. The recognition of rivers as indivisible entities is stated but not clearly implemented. Practical implications Māori interests and authority are now more clearly articulated, and Māori may expect to be able to engage in customary practices and restore their traditional relationships with their land more explicitly. Social implications The avoidance of an ownership regime has tempered public concerns about issues such as ownership of flowing water. The formalities are still being completed in the case of the Whanganui River, so the full implications are yet to be felt. Originality/value This is an innovative development in tenure arrangements seen by some as providing for the rights of nature, but actually responding to the rights of the Indigenous people. This article may inform others about possible models for more diverse tenure arrangements elsewhere.
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Katusiime, Juliet, and Brigitta Schütt. "Linking Land Tenure and Integrated Watershed Management—A Review." Sustainability 12, no. 4 (February 23, 2020): 1667. http://dx.doi.org/10.3390/su12041667.

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Land tenure is given attention in the general discussions on conservation and management of natural resources, but the necessary holistic approach to understand the linkages is less considered. Thus, we considered a watershed as a unit of reference and Integrated Watershed Management as a holistic land and water resources management approach with various roles and touchpoints with land tenure issues. To examine the role of land tenure on the management of natural resources in watersheds, we reviewed and compiled literature that captures watershed issues, integrating aspects of land tenure, and aiming to identify the key land tenure roles, dynamics, and its influences on integrated watershed management. Land tenure is observed playing various roles in watersheds and, thus, also on integrated watershed management as an approach—as a driver of change, influence for investment decisions, an incentive for adoption of practices, and leading to sustainability. Land tenure dynamics range from land tenure security, land tenure forms, land access and acquisition modalities, and how these aspects of land tenure relate with integrated watershed management.
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Powelson, John P. "Land tenure and land reform: past and present." Land Use Policy 4, no. 2 (April 1987): 111–20. http://dx.doi.org/10.1016/0264-8377(87)90045-7.

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Mostert, Hanri. "Tenure Security Reformand Electronic Registration: Exploring Insights from English Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 3 (June 9, 2017): 84. http://dx.doi.org/10.17159/1727-3781/2011/v14i3a2577.

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This paper examines the potential significance of updating registration practices in resolving some of the issues about tenure security in a transformative context. It deals with the importance of good governance in the context of land administration and considers its impact on intended reforms. Land registration practice as an indicator of the quality of governance is scrutinised. The debate about the kinds of interests to be served by tenure security reforms is considered. A comparative law analysis demonstrates how demands for electronification, placed on registration systems, can reshape the process of securing tenure. The paper then highlights issues for further investigation and discussion.
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Callies, David L., and Michael B. Dowling. "Land Tenure, Alienation and Foreign Investment in the Pacific." Asia Pacific Law Review 4, no. 2 (December 1995): 47–68. http://dx.doi.org/10.1080/18758444.1995.11788029.

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Dissertations / Theses on the topic "Land tenure (Igbo law)"

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Yusof, N. M. Z. B. H. N. "Land tenure and land law reforms in peninsular Malaya." Thesis, University of Kent, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.234468.

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Bishop, Jennifer M. "Agricultural land tenure : environmental principles and practice." Thesis, Aberystwyth University, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.249885.

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Abbay, Futsum Tesfatsion. "The eritrean land tenure system from historical and legal perspectives /." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32790.

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A land tenure system is a set of rules which govern social relations between peoples in respect to land. It defines the property rights in land of individuals or groups in a specific locality or society. The property rights, which are in effect bundles of rights, may include the right to use, lease, mortgage, transfer, and so on. The source of these tenurial rules can be either customs or enacted laws. This thesis examines in detail these aspects of land tenure systems in respect to Eritrea, a country situated in the Horn of East Africa. Accordingly, the indigenous systems of land tenure of the country, land reforms introduced by the country's colonizers, and land laws enacted by the country's Government after independence, are discussed and criticized.
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Piddocke, Stuart. "Land, community, corporation : intercultural correlation between ideas of land in Dene and Inuit tradition and in Canadian law." Thesis, University of British Columbia, 1985. http://hdl.handle.net/2429/25957.

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The present enquiry is a study of specific social possibilities in a culture-contact situation, namely the encounter of the Dene and Inuit of the Northwest Territories with Canadian society; and shows how by analyzing the basic content of two traditions in contact with one another, the possibilities for mutual adjustment of one tradition to the other, or the lack of such possibilities, may be logically derived from that content. The study also uses the perspective of cultural ecology to devise and demonstrate a way in which any system of land-tenure may be compared with any other, without the concepts of one system being imposed upon the other. The particular problem of the enquiry is to compare the traditional ideas of land and land-tenure among Dene and Inuit with the ideas of land and land-tenure in Canadian law; and to discover a way whereby the Dene and Inuit may use the concepts of the dominant Canadian system to preserve their own traditional ways of holding land. The analysis begins by outlining the cultural ecosystem of each people, their basic modes of subsistence, the resources used, the kinds of technical operations applied to those resources, the work organization, and relevant parts of social organization and world-view. Then, in order, the idea of land which the people appear to be following, the kinds of land-rights and principles of land-holding recognized by the" people, and the kinds of "persons" who may hold land-rights, are described. The systems are then compared in order to discover the possibilities for "reconciliation". The enquiry concludes that the basic premises and characters of the Dene and Inuit systems of land-tenure are fundamentally irreconcilable with those of Canadian real property law, but that the Dene and Inuit systems can be encapsulated within the dominant Canadian system by means of the Community Land-Holding Corporation (CLHC). The CLHC as proposed in this enquiry would allow the members of a community to hold land among themselves according to their own rules, while the corporation holds the land of the whole community against outsiders according to the principles of Canadian law.
Arts, Faculty of
Anthropology, Department of
Graduate
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Johnson, Ebrezia. "Communal land and tenure security: analysis of the South African Communal Land Rights Act 11 of 2004." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/2165.

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Thesis (LLM (Private Law))--University of Stellenbosch, 2009.
ENGLISH ABSTRACT: In this thesis, the Communal Land Rights Act 11 0f 2004 is analysed in order to determine whether it can give effect to the constitutional mandate in terms of which it was promulgated, namely section 25(5), (6) and (9) of the Constitution. Land policy pertaining to land tenure reform is discussed to see how and to what extent it finds application in the Act. The time-consuming process pertaining to the registration of the community rules is investigated, and the implications where a community fails to adhere to this peremptory provision in the Act are explained. The thesis also analyses and discusses the functions of statutorily created institutions, like the land administration committee and the land rights boards, in the efficient management of land in rural areas. The aforementioned land administration committee is particularly problematic, since the Act provides that in cases where a recognised tribal authority exist, that institution “may” be considered as the land administration committee, subject to prescribed composition requirements as contained in the Act. The Traditional Leadership and Governance Framework Act will also be discussed since it intersects with the Communal Land Rights Act in this regard. The pending constitutional challenge which relates to this potentially problematic issue, will be discussed. The constitutional challenge of the Act by four communities’ is explored in order to indicate just how potentially problematic the institution of traditional leadership could be. vi This study also discusses and analyses the compromise contained in the Act, regarding the registration of the land title of a community and the registration of “new order rights” in the name of individuals. In this context the impact of this process on the efficacy on the current Deeds registration system is investigated. The Ministerial determination and its constitutional implications is yet another issue, examined in this study. All of these issues will have a negative impact on the implementation of the Communal Land Rights Act and especially on achieving tenure security.
AFRIKAANS OPSOMMING: In hierdie tesis word die Wet op Kommunale Grondregte 11 van 2004 geanaliseer om te bepaal of dit inderdaad voldoen aan die grondwetlike mandaat soos voorsien in art 25(5), (6) en (9) van die Grondwet. Die beleid van toepassing op grondbeheerhervorming word bespreek om te bepaal tot watter mate dit wel in die Wet aanwending vind. Die tydrowende prosedure van die registrasie van gemeenskapsreëls word ondersoek, asook die implikasies indien ‘n gemeenskap nie aan die voorskriftelike bepaling voldoen nie. Die tesis bespreek en evalueer ook die funksies van die twee instellings wat statutêr geskep is, naamlik grond administrasie komitees en grondregte rade. Die twee instellings is geskep met die doel om van hulp te wees in die effektiewe administrasie van grond in die kommunale areas. Dit is veral die grond administrasie komitee wat problematies is, omdat die Wet op Kommunale Grondregte bepaal dat waar ‘n gemeenskap ‘n erkende tradisionele owerheid het, hierdie owerheid beskou sal word as die grond administrasie komitee van daardie spesifieke gemeenskap. In hierdie konteks is ‘n bespreking van die Wet op Tradisionele Leierskap en Regeringsraamwerk, noodsaaklik. Die betwiste grondwetlike kwessie wat tot op hede nog onbeslis is wat hiermee verband hou, sal ook bespreek word. ‘n Kort uiteensetting word gedoen van die vier gemeenskappe wat die Wet op grondwetlik gronde aanveg om presies te probeer aantoon hoe problematies die instelling van tradisionele leierskap is. Hierdie studie bespreek en analiseer verder ook die kompromis wat getref is tussen registrasie van die titelakte in die naam van ‘n gemeenskap en die viii registrasie van sogenaamde “nuwe orde regte” in die naam van individue. Die impak van hierdie magdom registrasies op die bestaande registrasiesisteem word ook oorweeg. Die grondwetlikheid van die ministeriële besluitnemingsbevoegdheid word breedvoerig bespreek in hierdie studie. Al hierdie genoemde kwessies mag nadelige impak hê op die implementering van die Wet op Kommunale Grondregte en spesifiek ook op grondbeheerhervorming.
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Ubink, Janine M. "In the land of the chiefs customary law, land conflicts, and the role of the state in peri-urban Ghana /." [Leiden] : Leiden University Press, 2008. http://site.ebrary.com/lib/librarytitles/Doc?id=10302637.

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Takala, Martti. "Lex Dei-- Lex politica Dei Lex politica Dei -teos ja Kaarle IX:n lainsäädäntö /." Helsinki : SKHS : SHS, 1993. http://catalog.hathitrust.org/api/volumes/oclc/29333877.html.

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Fulfrost, Brian 1969. "Four hectares and a hoe: Maragoli smallholders and land tenure law in Kenya." Thesis, The University of Arizona, 1994. http://hdl.handle.net/10150/278467.

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The paper outlines the historical development of Kenyan land tenure reform in relation to a group of smallholders in Maragoli. The transformation of common property into private property has not completely destroyed the authority of local institutions in matters of land tenure and land use. Customary social obligations have continued to play a role in the decision-making process of smallholders in Maragoli. The government in Kenya continues to be uninformed by the socioeconomic realities that affect smallholders. Agrarian law and administration should be built on the kinds of agricultural systems that are being practiced by the majority of the population in Kenya.
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McLaughlin, George E. "A theological study of Leviticus 25:1-25 with application to modern land ethics /." Theological Research Exchange Network (TREN), 1986. http://www.tren.com.

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Yip, Kwan Chung. "Legal Production of Land (In)justice in Hong Kong." HKBU Institutional Repository, 2019. https://repository.hkbu.edu.hk/etd_oa/601.

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This thesis probes the land (in)justice in Hong Kong by presenting an archival research which contributes to the inter-disciplinary scholarship of legal geography. It conceptualises the leasehold land system as the legal mechanism in the land (re)development regime and politicises the understanding of land (in)justice by explaining how it is produced and reproduced by the legal mechanism. Drawing on critical realism, Dikeç's spatial dialectics of injustice, Lefebvre's concrete abstraction and several concepts in legal geography, this thesis proposes "spatio-legal dialectics of land (in)justice" as the theoretical framework. Reconstructing the historical geography of this former British colony, through the lens of scalar politics, demonstrates that the legal system and land development have been inextricably intertwined in Hong Kong. Through the legal technicalities of land leases, the Colonial Government transformed the territory of Hong Kong into an exploitable land property, and thus secured the absolute control of land and the effective governance of the society. The expiry problem of the land lease placed the future of Hong Kong as a diplomatic question between China and Britain. The "Tin Shui Wai Myth", situated in the 1980s, reflected the frictions between the two countries. The "Myth" is not only related to the production of the spatiality of injustice as a new town but also associated with the production of the injustice of spatiality because of some legal changes. These legal changes, related to land lease and urban infrastructure, evolved after the Sino-British Negotiation and led the land (re)development regime to be more hegemonic. Understanding Hong Kong as a property jurisdiction, the current problematic of land injustice, under the new constitutional order of the Chinese sovereignty, is elaborated by the thesis of complete exploitation with the concept of urban land nexus. This thesis empirically interprets the mutual constitution of law and urban development, and conceptually engages in the academic debates about (in)justice, law and urban spatiality.
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Books on the topic "Land tenure (Igbo law)"

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Land law. 2nd ed. Oxford: Oxford University Press, 2012.

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Land law. 2nd ed. Harlow, England: Prentice Hall, 2009.

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Land law. 4th ed. Harlow, England: Pearson, 2012.

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Sarah, Greer, ed. Land law. 3rd ed. Oxford, U.K: Oxford University Press, 2012.

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Cooke, Elizabeth. Land law. Oxford: Oxford University Press, 2006.

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Land law. Oxford: Oxford University Press, 2009.

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Land law. Oxford: Oxford University Press, 2006.

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Francis, Gray Susan, ed. Land law. 7th ed. Oxford: Oxford University Press, 2011.

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Francis, Gray Susan, ed. Land law. 6th ed. Oxford: Oxford University Press, 2009.

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Francis, Gray Susan, ed. Land law. 5th ed. Oxford: Oxford University Press, 2007.

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Book chapters on the topic "Land tenure (Igbo law)"

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Farran, Sue. "Legislating for customary land tenure." In Comparative Law, 31–46. Abingdon, Oxon; New York, NY: Routledge, 2019. |: Routledge, 2019. http://dx.doi.org/10.4324/9780429423246-3.

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Cowan, David, Lorna Fox O’Mahony, and Neil Cobb. "Tenure and Estates." In Great Debates in Land Law, 23–42. London: Macmillan Education UK, 2016. http://dx.doi.org/10.1007/978-1-137-48166-5_2.

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McAuslan, Patrick. "Tenure and the law: The legality of illegality and the illegality of legality." In Land, Rights & Innovation, 23–38. Rugby, Warwickshire, United Kingdom: Practical Action Publishing, 2002. http://dx.doi.org/10.3362/9781780441207.002.

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Kibugi, Robert. "Evaluating the Role of Private Land Tenure Rights in Sustainable Land Management for Agriculture in Kenya." In International Yearbook of Soil Law and Policy 2016, 219–35. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-42508-5_16.

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Richardson, Jesse J. "Uncertainty of Land Tenure and the Effects of Sustainability if Agriculture in the United States." In International Yearbook of Soil Law and Policy 2017, 125–49. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-68885-5_8.

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Windfuhr, Michael. "FAO: Voluntary Guidelines on Responsible Governance of Tenure of Land, Forests and Fisheries—Relevance, Reception and First Experiences in Implementation." In International Yearbook of Soil Law and Policy 2016, 203–18. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-42508-5_15.

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Cory, Hans. "Land Tenure." In Sukuma Law and Custom, 112–34. Routledge, 2018. http://dx.doi.org/10.4324/9781351022583-7.

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"TENURE." In Understanding Land Law 3/e, 54–62. Routledge-Cavendish, 2000. http://dx.doi.org/10.4324/9781843140320-12.

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Simpson, A. W. B. "Tenure." In A History of the Land Law, 1–24. Oxford University Press, 1986. http://dx.doi.org/10.1093/acprof:oso/9780198255376.003.0001.

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Thompson, Mark P. "2. Tenure and Estates." In Modern Land Law, 21–35. Oxford University Press, 2012. http://dx.doi.org/10.1093/he/9780199641376.003.0002.

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Conference papers on the topic "Land tenure (Igbo law)"

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Fitri, Ria, Muhammad Yamin, Ilyas Ismail, and Adwani. "The Influence of Post Tsunami Aceh Aid Agencies on the Participation of People in Banda Aceh Toward the Arrangement of Land Tenure and Its Use." In International Conference on Law, Governance and Islamic Society (ICOLGIS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200306.222.

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Topaloğlu, Mustafa. "An Evaluation of Turkish and Kazakh Mining Laws from the Perspective of Sustainable Development Principles." In International Conference on Eurasian Economies. Eurasian Economists Association, 2012. http://dx.doi.org/10.36880/c03.00547.

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Some initiatives were established at international level in order to attain sustainable development in the mining sector, which is being discussed worldwide starting 1980s. The concept of sustainable development is defined as a development that meets the needs of the present without compromising the future generation’s ability to meet their own needs. The law of sustainable development is a cross-sectored system of legal thinking that was evaluated by the national and international economic law, environmental law and human rights law. In the reforms of mining law, which have been realized after 1990s, the sustainable development is used a focus concept. The mining codes were enacted under the influence of having provisions related to security of tenure, establishment of transparent mining administration, access to mining land, and competitive-fair fiscal regime. In this paper, sustainable development is defined as a concept and its legal dimensions are explained. The mining reforms, which is being considered in the context of the sustainable development, are examined and a resolution that offers view of de lege ferenda is proposed. In addition, the related regulations and practices in the current Turkish and Kazakh Mining Laws are also included.
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