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Relevant bibliographies by topics / Land titles – Western Samoa

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Academic literature on the topic 'Land titles – Western Samoa'

Author: Grafiati

Published: 10 December 2022

Last updated: 29 January 2023

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Journal articles on the topic "Land titles – Western Samoa"

1

Land, Craig. "One Boat, Two Captains: Implications of the 2020 Samoan Land and Titles Court Reforms for Customary Law and Human Rights." Victoria University of Wellington Law Review 52, no. 3 (December 13, 2021): 507–40. http://dx.doi.org/10.26686/vuwlr.v52i3.7330.

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Samoa's 2020 Land and Titles Court reforms, which contributed to the Human Rights Protection Party losing support at the April 2021 elections after almost 40 years of government, have recentred attention on the tensions of legal pluralism in the South Pacific. Although Samoa maintains a system of English common law, 81 per cent of Samoan land falls under the traditional matai titles system, giving a central role to the customary Land and Titles Court (LTC). In December 2020, the Samoan parliament passed three Acts – the Constitution Amendment Act 2020, the Land and Titles Act 2020 and the Judicature Act 2020 – establishing the LTC in a parallel court hierarchy with equivalent status to the Samoan Supreme Court and Court of Appeal. This proposal has prompted debate between those favouring incorporation and promotion of Samoan custom over Western legal norms, and others who argue the amendments undermine human rights protections and the rule of law. This article evaluates the effects of these changes on the role and administration of custom in Samoa, contextualising them within broader socio-legal debates around customary legal systems. It first analyses the effect of the three Acts with regard to the bifurcation of the court system, procedural reforms in the LTC hierarchy and the introduction of a judicial guidance clause. This leads into a critical evaluation of these changes, highlighting impacts upon judicial coherence; constitutional human rights; consistency between customary and common law procedures; and resourcing constraints. The article concludes by providing broad options for future reform. It does not focus on issues which have received attention elsewhere, such as the amendments' potential impacts on judicial independence.

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2

Gill, B. J. "The land reptiles of Western Samoa." Journal of the Royal Society of New Zealand 23, no. 2 (January 1993): 79–89. http://dx.doi.org/10.1080/03036758.1993.10721219.

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3

Merlin, M. D., and J. O. Juvik. "Bird protection in Western Samoa." Oryx 19, no. 2 (April 1985): 97–103. http://dx.doi.org/10.1017/s0030605300019803.

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In a study supported by the FFPS Oryx 100% Fund, the authors investigated the impact of traditional hunting practices on native land birds in Samoa. Hunting and habitat modification have contributed to the near extinction of several endemic species. Through new hunting regulations, conservation education programmes and the development of a national park system, the Government of Western Samoa has moved to strengthen its commitment to the conservation of a unique insular biota.

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4

Ye, Ruiping. "Torrens and Customary Land Tenure: a Case Study of the Land Titles Registration Act 2008 of Samoa." Victoria University of Wellington Law Review 40, no. 4 (May 3, 2009): 827. http://dx.doi.org/10.26686/vuwlr.v40i4.5249.

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This article describes the customary land tenure in Samoa, and analyses the effects of the introduction of a Torrens system of land registration on the customary land tenure. In particular, it examines the registration of adjudicated customary land (customary land in respect of which judgment has been made by the Land and Titles Court) under the Land Titles Registration Act 2008, as well as the combined effect of the Taking of Land Act 1964 and Torrens registration on customary land. It argues that the LTRA 2008 may be repugnant to the Constitution and that the Torrens system is incompatible with customary land tenure. It recommends that the law expressly exclude customary land from the indefeasibility of title effect of the Torrens system.

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5

Siikala, Jukka. "Hierarchy and power in the Pacific." Anthropological Theory 14, no. 2 (June 2014): 215–30. http://dx.doi.org/10.1177/1463499614534116.

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Looking at recent turmoil in political processes in the Pacific, the article discusses the relationship of socio-cosmic holism and hierarchy in Tonga, Samoa and Fiji to western ideologies of democracy and individualism. Incorporation of traditional chieftainship into colonial and postcolonial state structures has had different outcomes in each case. The structural arrangements, which according to Dumont are seen as intermediary forms, are looked at using material from the recent history of the societies. Thus the riots in Nukuʻalofa orchestrated by the Tongan democracy movement, the military coup in Fiji and the multiplication of chiefly titles in Samoa are seen as results of the interplay of local and western ideologies culminating in notions of holism and individualism.

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6

Armstrong, Karen. "American Exceptionalism in American Samoa." Suomen Antropologi: Journal of the Finnish Anthropological Society 33, no. 2 (January 1, 2008): 49–69. http://dx.doi.org/10.30676/jfas.v33i2.116437.

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American Samoa has been a territory of the United States for 108 years. For fifty ears of this period, American Samoa was administered by the U.S. Navy. Thepolicies of the naval administration established practices of militarization—that is, integrating the military and its values into the lives of the locals—that continue today. Significant numbers of American Samoans serve in the various branches of the U.S. military; Samoans participate in, and support, the ‘incoherent empire’ of the United States. The ideology of ‘American exceptionalism’—the incorporation of democracy, freedom and human rights as features purportedly distinguishing U.S. imperialist practice from its colonizing forebears—was never effectively part of the administration of American Samoa. Nevertheless, when debating their future political status, Samoans choose to keep the present political arrangement as long as they can control their land and titles system and practice faʻaSamoa, the Samoan way.

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7

Paulson, Deborah D. "Understanding Tropical Deforestation: the Case of Western Samoa." Environmental Conservation 21, no. 4 (1994): 326–32. http://dx.doi.org/10.1017/s0376892900033634.

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The case of Western Samoa is used to challenge the tendency in the recent literature to polarize the issue of tropical deforestation as caused by either political economic forces or increasing human demands. While it is recognized that political economic forces must be changed in many cases to make just and sustainable use of the forest possible, the case of Western Samoa is used to highlight the difficult challenge of conserving tropical forests and their biodiversity even under customary land-tenure and local control of forest resources.

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8

Alan Cox, Paul, and Thomas Elmqvist. "Ecocolonialism and indigenous knowledge systems: village controlled rainforest preserves in Samoa." Pacific Conservation Biology 1, no. 1 (1994): 6. http://dx.doi.org/10.1071/pc930006.

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Ecocolonialism, the imposition of European conservation paradigms and power structures on indigenous villagers, is incompatible with the principles of indigenous control of village rainforest preserves. Since 1988, four rainforest reserves in Western Samoa and one US National Park in American Samoa have been created on communal lands using the principles of indigenous control, preserving a total of 30 000 hectares of lowland rainforest and associated coral reef. The reserves in Western Samoa are owned, controlled, administered and managed by the villagers. While these reserves appear to be robust approaches to preserve establishment within the communal land tenure system of Samoa, the concept of indigenous control appears to conflict with ecocolonialist attitudes that disparage the traditional knowledge, culture, political systems, and integrity of indigenous peoples. We discuss problems that have occurred in the Samoan village preserves and offer suggestions for the establishment of future village-controlled preserves in other areas of the South Pacific.

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9

Sakprachawut, Soontaree, and Damien Jourdain. "Land titles and formal credit in Thailand." Agricultural Finance Review 76, no. 2 (July 4, 2016): 270–87. http://dx.doi.org/10.1108/afr-12-2015-0055.

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Purpose – The purpose of this paper is to investigate the effects of land titles and farmers’ characteristics on their participation in the formal credit market in a land reform area of Thailand. Design/methodology/approach – Data collected on 218 farm households in one land reform area of Western Thailand are analyzed with a generalized double-hurdle model to calculate the probability of farm households to take a loan and the size of the loans from a formal credit institute, the Bank for Agriculture and Agricultural Co-operatives. Findings – The results suggest that the absence of a title, whether fully or partially transferable, decreases significantly the participation to the formal credit market and the size of the loans. However, this effect was small. The findings also indicate that the farm assets, household head’s gender and age, and the labor force per hectare were significantly influencing the probability of participation to borrow money as well as the amount borrowed. Practical implications – The possibility given to farmers having title with partial transferability to provide alternative types of guarantees reduced the gap in loan-taking between the different types of land title. However, the presence of a land title, transferable or not, had a significant influence on farmers demand and success in obtaining credit. Originality/value – The paper investigates the possible effects of a unique partial land rights in Thailand that guarantees only security of use of the land but prohibits sale.

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10

Hunt, M. W. "NATIVE TITLE ISSUES AFFECTING PETROLEUM EXPLORATION AND PRODUCTION." APPEA Journal 39, no. 2 (1999): 107. http://dx.doi.org/10.1071/aj98065.

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This paper focusses on onshore exploration and production because the right to negotiate does not apply offshore. However, the Native Title Act can be relevant to offshore oil and gas explorers and producers. First, where their area of interest includes an island within the jurisdiction of Western Australia. Secondly, in respect of land required for the facilities to treat petroleum piped ashore.Under the original Native Title Act the right to negotiate proved unworkable, the expedited procedure failed to facilitate the grant of exploration titles and titles granted after 1 January 1994 were probably invalid.The paper examines the innovations introduced by the amended Native Title Act to consider whether it will be more 'workable' for petroleum explorers and producers. It examines some of categories of future acts in respect of which the right to negotiate does not apply (specifically indigenous land use agreements, renewals and extensions of titles, procedures for infrastructure titles, reserve land, water resources, low impact future acts, approved exploration etc acts and the expedited procedure).Other innovations include the new registration test for native title claims, the validation of pre-Wik titles, the amended right to negotiate procedure, the State implementation of the right of negotiate procedure and the objection and adjudication procedure for grants on pastoral land.The response of each state and territory parliament to the amended Act is considered, as is the Federal Court decision in the Miriuwung Gajerrong land claim (particularly the finding that native title includes resources, questioning whether these resources extend to petroleum).The paper observes that the full impact of the new Act cannot be determined until the states and territories have passed complementary legislation and it is all in operation. However, the paper's preliminary conclusion is that it does not provide a workable framework for the interaction between petroleum companies and native title claimants.The writer's view is that the right to negotiate procedure is unworkable if relied upon to obtain the grant of a title. If a proponent wishes to develop a project in any commercially acceptable timeframe, it will have to negotiate an agreement with native title claimants. The paper's conclusion is that a negotiated agreement is the only way to cope with native title issues.

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Books on the topic "Land titles – Western Samoa"

1

United States. Bureau of Land Management. California Desert District. Western Mojave land tenure adjustment project: Final environmental impact statement/report. Riverside, Calif: Bureau of Land Management, 1988.

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2

Commons, Canada Parliament House of. Bill: An act to amend the Land titles act, 1894. Ottawa: S.E. Dawson, 2003.

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3

Bateson, J. D. The registration of the forest dwellers of the south-western Mau Forest Reserve. Nairobi: KIFCON, Karura Forest Station, 1994.

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4

Custom, kinship, and gifts to saints: The laudatio parentum in western France, 1050-1150. Chapel Hill: University of North Carolina Press, 1988.

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5

H.R. 884, "Western Shoshone Claims Distribution Act," and H.R. 1409, "Eastern Band of Cherokee Indians Land Exchange Act of 2003": Legislative hearing before the Committee on Resources, U.S. House of Representatives, One Hundred Eighth Congress, first session, Wednesday, June 18, 2003. Washington: U.S. G.P.O., 2003.

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6

Commons, Canada Parliament House of. Bill: An act respecting the Restigouche and Western Railway Company. Ottawa: S.E. Dawson, 2003.

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7

Canada. Parliament. House of Commons. Bill: An act respecting the Brandon and South-Western Railway Company. Ottawa: S.E. Dawson, 2002.

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8

Canada. Parliament. House of Commons. Bill: An act to extend to the Dominion of Canada the powers of the Corporation called De Nederlandsch-Americansche Land Maatschappij (The Netherlands-American Land Company). Ottawa: MacLean, Roger, 2002.

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9

Canada. Parliament. House of Commons. Bill: An act to incorporate the Alaska and North-Western Railway Company. Ottawa: S.E. Dawson, 2003.

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10

Canada. Parliament. House of Commons. Bill: An act respecting the land grant of the Canadian Pacific Railway Company. Ottawa: S.E. Dawson, 2003.

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Book chapters on the topic "Land titles – Western Samoa"

1

Lechte, Ruth. "Western Samoa: The Samoa Methodist Land Development Program." In Appropriate Technology for Development, 249–62. Routledge, 2019. http://dx.doi.org/10.4324/9780429051418-13.

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2

O'Meara, J. Tim. "From Corporate to Individual Land Tenure in Western Samoa." In Land, Custom and Practice in the South Pacific, 109–56. Cambridge University Press, 1995. http://dx.doi.org/10.1017/cbo9780511597176.005.

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Mallat, Chibli. "Real Property." In The Normalization of Saudi Law, 197—C9.N147. Oxford University PressNew York, 2022. http://dx.doi.org/10.1093/oso/9780190092757.003.0009.

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Abstract From concepts of land law and waqf (trusts) in classical law through the recent establishment of the cadaster, the vast Saudi territory is subject to a complex mixture of real rights. Among Islamic law categories and principles, most important are the principle of revived land and the power of the ruler to grant land to the citizens. A law of 1388/1968 classified land for eventual distribution by the state, leading to continuous conflicts on the ownership of land under the label of istihkam, especially in the perimeter of cities. A cadaster was established to provide better stability and clarity to land transactions and titles. Alongside the tug of war between classical and modern property concepts, the country adopted Western legislation on land expropriation and on condominiums. Some sui generis Saudi categories have emerged, such as “white land.” The chapter also examines special categories: conveyancing, preemption, waqf, water rights.

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