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Large-scale land acquisitions, or 'land grabbing', has become a key research topic among scholars interested in agrarian change, development, and the environment. The term 'land acquisitions' refers to a highly contested process in terms of governance and impacts on livelihoods and human rights. Focusing on South-East Asia, this book presents a series of thematic papers and detailed case studies to put this phenomenon into specific historical and institutional contexts.
This book examines the relationship between land tenure, conservation and rural development in the context of the Southeast Asian archipelago. In particular, it is concerned with people living in and around national parks and other protected areas. It discusses the value of reinforcing indigenous tenure and sustainable resource use practices and of including them in policies and projects that attempt to integrate conservation and development.
Between the early 17th century and the early 20th, nearly all U.S. land was transferred from American Indians to whites. Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers--time, place, and the balance of power between Indians and settlers decided the outcome of land struggles.
Recent years have seen an increased interest in the variety of cultures co-existing within one state, and a growing acknowledgement of the values ensconced in pluralistic social structures. this book examines the manner in which indigenous people can function in modern states, preserving their traditional customs, while simultaneously adapting aspects of their culture to the challenges posed by modern life. Whereas it was formerly assumed that these tribal frameworks were doomed to extinction, and some states even encouraged such a process, there has been a revival in their vitality, linked to a recognition of their rights. The book offers a comprehensive survey of various aspects of tribal life, focusing on political issues such as the meaning of sovereignty, legal issues dealing with the role of custom and social issues concerned with sustaining communal life. A focused study is made of a whole series of legal factors, relating to possession and ownership of land, religious rites, the nature of polygamous marriages, the assertion of group rites, the manner of peacefully resolving disputes and allied questions. Recent judicial decisions are analysed as a reflection of the far-reaching changes that have taken place, in a process that has seen the former disregard of basic rights of indigenous people being replaced by an awareness of the injustices perpetrated in the past and a willingness to seek to redress them. The comparison between approaches of different English-speaking countries provides an account of interwoven developments.
In Indonesia, natural resources are under pressure from both urban development and commercial exploitation. In Seram Island, Maluku, oil palm plantations are expanding in the north. In the south of the island, a State-owned cocoa company and a private logging enterprise are exploiting the vast territory of Waraka, an ancestral village established on the coast. The set of customary laws and principles of this village, locally called adat, is still powerful and is the basis of the traditional land tenure and land-use systems. In order to promote the socioeconomical development of his community, the king or raja of Waraka interacts with both companies within a dual and uncertain legal framework. The methodology in this study is based on the institutional framework analysis developed by Ostrom (1994) and a preliminary literature review. It also encompasses qualitative interviews. The evolution of the land tenure and land-use systems of Waraka is related to the strength of adat’s recognition and the ability of the raja to conduct deals with both companies. The study finally discusses the possibilities for all stakeholders to manage the land in a more sustainable way through the implementation of a tree-nursery program funded by credit carbons or the use of reduced impact logging practices.