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India: Land Governance Country Narrative (Full Report)

Reports & Research
June, 2017
India

Land is an important source of identity and a precious asset with significant emotional connection in India. It is also the main source of rural and feudal power structure for most of India’s history. Land is a symbol of social status, cultural identity and an expression of political power. The value of land is deeply ingrained in the consciousness and well-being of the poor farmers and indigenous communities who make up a substantial portion of India’s total population.

The role of land survey in land expropriation for state or public needs [Latvia]

Policy Papers & Briefs
December, 2010
Latvia

In Latvia the construction of new transport infrastructure objects or reconstruction of existing ones increasingly generates necessity to expand an area of land under auto roads (right of way), as well as activates necessity of efficiency of real property expropriation process. In frame of research the correlation between expropriated land and total area of affected land parcels have been analyzed in two different projects of road development – project of new road and project of road reconstruction.

Enclosing the global commons: the convention on biological diversity and green grabbing

Journal Articles & Books
December, 2012

‘Green grabs,’ or the expropriation of land or resources for environmental purposes, constitute an important component of the current global land grab explosion. We argue that international environmental institutions are increasingly cultivating the terrain for green grabbing. As sites that circulate and sanction forms of knowledge, establish regulatory devices and programmatic targets, and align and articulate actors with these mechanisms, they structure emergent green market opportunities and practices.

Profit Sharing under the Threat of Nationalization

Policy Papers & Briefs
January, 2010

A government bargains a mutually convenient agreement with a multinational corporation to extract a natural resource. The corporation bears the initial investment and earns as a return a share on the profits. The host country provides access and guarantee conditions of operation. Being the investment totally sunk, the corporation must account in its plan not only for uncertainty on market conditions but also for the threat of nationalization.

Building plot-land discrimination in expropriation cases

Journal Articles & Books
December, 2011
Turkey

In recent years, infrastructure investments, especially construction of new roads and upgrading of existing ones, have accelerated in Turkey. Expropriation cases related to building plot and land have increased due to these investments. One subject causes conflict and leads to the prolongation of cases due to the misuse of building plot-land discrimination.

Profit Sharing under the Threat of Nationalization

Policy Papers & Briefs
December, 2010

A multinational corporation engages in foreign direct investment for the extraction of a natural resource in a developing country. The corporation bears the initial investment and earns as a return a share of the profits. The host country provides access and guarantees conditions of operation. Since the investment is totally sunk, the corporation must account in its plan not only for uncertainty in market conditions but also for the threat of nationalization.

Regulatory Takings and Environmental Regulation in NAFTA's Chapter 11

Policy Papers & Briefs
December, 2006

NAFTA's investment treaty has led to several expropriation compensation claims from investors hurt by new environmental regulations. Expropriation clauses in international treaties solve post-investment moral hazard problems such as hold-ups. However, these clauses can interact with National Treatment clauses in a manner that hinders investment. A police powers carve-out from the definition of expropriation can be Pareto-improvingand can increase the level of foreign investment.

Calculation of capitalization rate for farmland

Journal Articles & Books
December, 2011
Turkey

The expropriation value of agricultural land is determined by the income capitalization approach under Turkey's Expropriation Act. Accordingly, the value of land is determined by dividing net income by the capitalization rate. One of the major issues giving rise to misunderstanding in expropriation cases is the misuse of the capitalization rate. Currently, the overextending of expropriation cases contributes to investment latency and the escalation of expropriation costs.

Police-powers, regulatory takings and the efficient compensation of domestic and foreign investors

Policy Papers & Briefs
March, 2008

In customary international and public law, “takings” resulting from regulations designed to protect the public good are generally excluded from compensation rules; this exclusion is known as a police powers carve-out (PPCO). Increasingly, this PPCO is being challenged, particularly in international investment law. This paper analyzes the efficiency properties of a PPCO in a model with endogenous regulation, investment and entry.

Gender equality and land administration

Reports & Research
November, 2014
Zambia

Land, and in particular agricultural land, is central to livelhoods in rural Zambia. Zambia is characterised by a dual legal system of customary and statutory law and by dual land tenure, with state land and customary land. A first wave of socialist-oriented reforms took place after independence in 1964, which abolished previously existing freehold land in favour of leasehold. Subsequent changes in government policies under the influence of structural adjustment programmes and a new government in 1991 paved the way for a market-driven land reform.

Zambia National Resettlement Policy

National Policies
September, 2015
Zambia

Government has been implementing the Land Resettlement Programme for over twenty four (24) years, focusing mainly on land resettlement for agricultural purposes without a comprehensive policy and legal framework. This has caused a number of challenges including lack of a coordination mechanism at higher level of Government in the implementation of the land resettlement programme, land disputes and low levels of infrastructure development and service provision in the resettlement schemes.

Sécuriser les droits fonciers des populations affectées par les barrages en Afrique de l'Ouest

Videos
January, 2017
Western Africa

Pour qu'un barrage contribue avec succès au développement durable de la société, les populations locales doivent également en bénéficier. Cette vidéo de 5 minutes examine les défis relatifs à l’obtention d’une compensation équitable pour les personnes affectées par la construction de grands barrages, et définit les différentes étapes pour s'assurer que les agriculteurs expropriés puissent bénéficier d’un accès sécurisé à de nouvelles terres