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1 – 10 of over 2000
Article
Publication date: 10 July 2021

Walter Timo de Vries and Urs Hugentobler

In light of the discussions on outer space property management, this conceptual review paper aims to discuss and evaluate if, when and under which conditions certain land

Abstract

Purpose

In light of the discussions on outer space property management, this conceptual review paper aims to discuss and evaluate if, when and under which conditions certain land management and property right frameworks can apply to allocate and/or restrict property rights in outer space.

Design/methodology/approach

This paper applies a pragmatic review approach which seeks to better understand if and how the basic tenets of the land management frameworks could better shape and revise the challenges in outer space regulations.

Findings

Despite the fact that regulatory guidelines on outer space rights are existing, the analysis shows that these lack a number of practical tools and measures aiming at intervening if stakeholders do not follow the rules. With the use of land management frameworks, it is possible to derive policy options for making the outer space management more practical and action-oriented, in particular for the removal of space debris. These include amongst others more attention for formulating global public restrictions in outer space, incorporating regulatory guidelines for accessing open space regimes, addressing responsiveness and robustness in adherence and compliance to regulations

Research limitations/implications

Given the conceptual and discursive character of the paper, there are no specific empirical data, yet several recommendations for further research include expanding the boundary work between the land management and regulatory outer space domain.

Practical implications

The insights derived from land management and real estate related property theories could potentially provide new starting points for (re)formulating the regulatory framework for outer space property discourses.

Social implications

Interpreting the outer space regulations from known and practiced land management perspective helps to bridge the policy–society knowledge and necessity gap on outer space activities.

Originality/value

The specific land management perspective and discursive analysis on outer space debris provide new options for devising and extending regulatory guidelines for assigning responsibilities on outer space debris and debris rights, restrictions and responsibilities.

Details

Journal of Property, Planning and Environmental Law, vol. 13 no. 2
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 14 July 2021

Joseph Awoamim Yacim, Partson Paradza and Benita Zulch (Kotze)

This study aims to examine the statutory provisions as it concerns the practice of valuation for compensation of expropriated communal properties in Zimbabwe. The primary…

Abstract

Purpose

This study aims to examine the statutory provisions as it concerns the practice of valuation for compensation of expropriated communal properties in Zimbabwe. The primary motivation was to have informed policies that would regulate the practice of landed property assessments for compensation purposes and further contributes to existing compensation debates.

Design/methodology/approach

A multiple case study approach was adopted, in which property valuation projects for Chiyadzwa and Tokwe-Mukosi, provinces were selected. These two projects were chosen because they are the most recent property valuation for compensation on expropriated communal properties. Content analysis was used to analyse the statutory provisions guiding property valuation and compensation rates adopted and used during the Chiyadzwa and Tokwe Mukosi valuation projects.

Findings

The study found an absence of statutory guidelines on the choice of valuation methodologies, leading to inconsistencies in compensation estimates for the communal properties.

Research limitations/implications

The study dwells on data from the previous assessment of communal properties that triggered discontentment amongst the people to build a framework for future valuations of communal properties.

Practical implications

This study reviewed the existing expropriation and compensation laws and built a comprehensive guiding framework for property valuers to choose appropriate valuation methodologies and procedures for the assessment of expropriated communal properties in Zimbabwe.

Social implications

The main motivation for this study is to find a lasting solution to frequent court cases and clashes between the government of Zimbabwe and the displaced people.

Originality/value

No study unravels the detailed property valuation processes used in determining the amount of payment for the expropriated communal properties in Zimbabwe. This study built a framework that will serve as a guide to the property valuers in the assessment of compensation for communal properties.

Details

International Journal of Housing Markets and Analysis, vol. 15 no. 3
Type: Research Article
ISSN: 1753-8270

Keywords

Article
Publication date: 8 June 2023

Anthony Owusu-Ansah, Lewis Abedi Asante and Zaid Abubakari

There is a long-standing debate about the relationship between land title registration and tenure security. Studies in the developing world point to a tenuous link between land

Abstract

Purpose

There is a long-standing debate about the relationship between land title registration and tenure security. Studies in the developing world point to a tenuous link between land registration and stable land tenure. The reason why people continue to register therefore becomes a mystery if tenure security is not entirely assured. This article focuses on the increase in property value as one such factor that induces title registration. Previous studies have quantified the economic impact of title registration on property values. However, the impact varies from city or country to another. The authors seek to investigate the extent of property value increment in Accra attributable to land title registration.

Design/methodology/approach

The authors statistically analyzed a data set from two institutions (First National Bank and the Lands Commission) in Ghana using a quantitative technique.

Findings

The authors discovered that, holding all other factors constant, the value of the land in Accra increases by 22.6% due to land title registration. This shows that lessees must register to enhance property values, even though the essential due diligence must be done to make sure the acquisition is free from liens and legal disputes.

Practical implications

This article highlights the implication of the findings for land administration as well as the practice of property valuation, development and brokerage in Ghana and Global South more broadly.

Originality/value

This is one of the first studies in Ghana to investigate the specific premium that housing markets put on land title registration.

Details

Property Management, vol. 42 no. 1
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 4 November 2014

Greenwell Collins Matchaya

It has been argued that traditional land transfer systems provide disincentives for farmers to trade their land, thus reducing land availability and depressing productivity. The…

Abstract

Purpose

It has been argued that traditional land transfer systems provide disincentives for farmers to trade their land, thus reducing land availability and depressing productivity. The purpose of this paper is to investigate the determinants of land rentals under customary land ownership in matrilineal and patrilineal traditions and under formal land registration in the rural areas of Malawi.

Design/methodology/approach

Using new data collected from around 100 households farming around 200 parcels in three regions of Malawi, a number of models are estimated with ordinary least squares.

Findings

The paper finds some evidence that some variables within the traditional system of land holding are crucial for land rentals. However, when land titles are used as a proxy for security of tenure, none of the relationships commonly hypothesized between land ownership security and land lease are corroborated. Land registration is found to have no significant effects on land and rentals.

Social implications

These results put into question the potency of sole land registration as a means of enhancing land market activities for rural masses in Malawi.

Originality/value

The uniqueness of this paper rests in it its use of context-specific constructs of land ownership security. Moreover the tested hypotheses emerge from a theoretical model that is unique to the literature on rural land markets and land tenure.

Details

International Journal of Social Economics, vol. 41 no. 11
Type: Research Article
ISSN: 0306-8293

Keywords

Article
Publication date: 24 April 2020

Victoria L. Lemieux, Chris Rowell, Marc-David L. Seidel and Carson C. Woo

Distributed trust technologies, such as blockchain, propose to permit peer-to-peer transactions without trusted third parties. Yet not all implementations of such technologies…

1483

Abstract

Purpose

Distributed trust technologies, such as blockchain, propose to permit peer-to-peer transactions without trusted third parties. Yet not all implementations of such technologies fully decentralize. Information professionals make strategic choices about the level of decentralization when implementing such solutions, and many organizations are taking a hybrid (i.e. partially decentralized) approach to the implementation of distributed trust technologies. This paper conjectures that while hybrid approaches may resolve some challenges of decentralizing information governance, they also introduce others. To better understand these challenges, this paper aims first to elaborate a framework that conceptualizes a centralized–decentralized information governance continuum along three distinct dimensions: custody, ownership and right to access data. This paper then applies this framework to two illustrative blockchain case studies – a pilot Brazilian land transfer recording solution and a Canadian health data consent sharing project – to exemplify how the current transition state of blockchain pilots straddles both the old (centralized) and new (decentralized) worlds. Finally, this paper outlines the novel challenges that hybrid approaches introduce for information governance and what information professionals should do to navigate this thorny transition period. Counterintuitively, it may be much better for information professionals to embrace decentralization when implementing distributed trust technologies, as hybrid models could offer the worst of both the centralized and future decentralized worlds when consideration is given to the balance between information governance risks and new strategic business opportunities.

Design/methodology/approach

This paper illustrates how blockchain is transforming organizations and societies by highlighting new strategic information governance challenges using our original analytic framework in two detailed blockchain case studies – a pilot solution in Brazil to record land transfers (Flores et al., 2018) and another in Canada to handle health data sharing consent (Hofman et al., 2018). The two case studies represent research output of the first phase of an ongoing multidisciplinary research project focused on gaining an understanding of how blockchain technology generates organizational, societal and data transformations and challenges. The analytic framework was developed inductively from a thematic synthesis of the findings of the case studies conducted under the auspices of this research project. Each case discussed in detail in this paper was chosen from among the project's case studies, as it represents a desire to move away from the old centralized world of information governance to a new decentralized one. However, each case study also represents and embodies a transition state between the old and new worlds and highlights many of the associated strategic information governance challenges.

Findings

Decentralization continues to disrupt organizations and societies. New emerging distributed trust technologies such as blockchain break the old rules with respect to the trust and authority structures of organizations and how records and data are created, managed and used. While governments and businesses around the world clearly see value in this technology to drive business efficiency, open up new market opportunities and create new forms of value, these advantages will not come without challenges. For information executives then, the question is not if they will be disrupted, but how. Understanding the how as will be discussed in this paper provides the business know how to leverage the incredible innovation and transformation that decentralized trust technology enables before being leapfrogged by another organization. It requires a change of mindset to consider an organization as one part of a broader ecosystem, and for those who successfully do so, this paper views this as a strategic opportunity for those responsible for strategic information governance to design the future instead of being disrupted by it.

Research limitations/implications

This paper presents a novel analytic framework for strategic information governance challenges as we transition from a traditional world of centralized records and information management to a new decentralized world. This paper analyzes these transitions and their implications for strategic information governance along three trajectories: custody, ownership and right to access records and data, illustrating with reference to our case studies.

Practical implications

This paper predicts a large number of organizations will miss the opportunities of the new decentralized trust world, resulting in a rather major churning of organizations, as those who successfully participate in building the new model will outcompete those stuck in the old world or the extremely problematic hybrid transition state. Counterintuitively, this paper argues that it may be much less complex for information executives to embrace decentralization as fast as they can, as in some ways the hybrid model seems to offer the worst of both the centralized and future decentralized worlds with respect to information governance risks.

Social implications

This paper anticipates broader societal consequences of the predicted organization churn, in particular with respect to uncertainty about the evidence that records provide for public accountability and contractual rights and entitlements.

Originality/value

Decentralized trust technologies, such as blockchain, permit peer-to-peer transactions without trusted third parties. Of course, such radical shifts do not happen overnight. The current transition state of blockchain pilots straddles both the old and new worlds. This paper presents a theoretical framework categorizing strategic information governance challenges on a spectrum of centralized to decentralized in three primary areas: custody, ownership and right to access records and data. To illustrate how decentralized trust is transforming organizations and societies, this paper presents these strategic information governance challenges in two blockchain case studies – a pilot Brazilian land transfer recording solution and a Canadian health data consent sharing project. Drawing on the theoretical framework and case studies, this paper outlines what information executives should do to navigate this thorny transition period.

Details

Records Management Journal, vol. 30 no. 3
Type: Research Article
ISSN: 0956-5698

Keywords

Article
Publication date: 1 February 1997

A.E. Hohl and C.A. Tisdell

During the very short period of cultural evolution of mankind, the world has changed dramatically. Modern humans have modified the environment not only to satisfy their needs, but…

Abstract

During the very short period of cultural evolution of mankind, the world has changed dramatically. Modern humans have modified the environment not only to satisfy their needs, but also to please their greed. The forces that are united to destroy the last wildlands for short‐term economic benefits seem to be overwhelming. However, at least in some developed countries, values, preferences and political majorities have been changing over the last two decades in favour of alternative approaches. A new multiplicity of goals has sprung up, and it will not be an easy task to reconcile the diverging interests. What makes it even more difficult is that the means, by which the different goals are to be achieved, are barely known. The scientists, whose task might be to provide tools of measurement to enable political decision‐makers to set priorities, are facing serious methodological problems. Economists have not yet found practical and acceptable ways of valuing all commodities, biologists have not yet come up with proven environmental safety standards and sociologists and philosophers are far from providing a satisfactory method of integrating environmental values into the ‘social contract’.

Details

Humanomics, vol. 13 no. 2
Type: Research Article
ISSN: 0828-8666

Book part
Publication date: 1 October 2007

Jonathan Putnam

I begin with a dispute over a fox hunt, by which to understand the law of tangible property, then develop that metaphor for the major types of intellectual property. I start with…

Abstract

I begin with a dispute over a fox hunt, by which to understand the law of tangible property, then develop that metaphor for the major types of intellectual property. I start with domestic U.S. patent law for the sake of concreteness, and generalize to other jurisdictions and types of intellectual property. In the latter parts of the paper I discuss the international implications of intellectual property, including especially the effects of information spillovers. The last part of the paper describes the hazards in analogizing “trade” in intellectual property rights to trade in goods, and particularly in interpreting international patent data. These hazards motivate the search for a structural model specially adapted to the purpose of valuing international intellectual property rights and rules. The goal is to give economists a simple and integrated framework for analyzing intellectual property across time, jurisdiction and regime type, with an eye towards eventually developing other incentive systems that have the advantages of property (such as decentralized decision-making), but fewer of the disadvantages.

Details

Intellectual Property, Growth and Trade
Type: Book
ISBN: 978-1-84950-539-0

Book part
Publication date: 11 November 2015

Eliza Guyol-Meinrath

To assess how an indigenous community in Guatemala, displaced by a mining project, has collaborated with international human rights advocacy organizations to address chronic…

Abstract

Purpose

To assess how an indigenous community in Guatemala, displaced by a mining project, has collaborated with international human rights advocacy organizations to address chronic insecurity and vulnerability resulting from the violence of their displacement.

Methodology/approach

The research for this case study was gathered using unstructured interviews with Lote Ocho community members and human rights advocates as well as textual analysis of social media documents, press releases, and reports. Participant observation was conducted during a community forum. Human rights theory, post-conflict theory, disaster theory, and narrative economy frameworks informed the research.

Findings

As international human rights organizations collaborate with Lote Ocho to address the community’s displacement, intensive focus on a lawsuit between the community and a Canadian mining corporation HudBay Minerals, Inc., contributes to homogenization of the community, reinforcement of destructive power relationships, and lack of focus on long-term security.

Practical implications

Analysis of the potential harms of singular focus on legal action in the examined collaborations identifies areas for improvement for future collaborations in both Lote Ocho and other displaced communities.

Originality/value

Caal v. HudBay is the first case of its kind. Thus, the analysis presented here provides critical insight for international and community actors regarding the successes and shortcomings of collaboration in cases of development-forced displacement, identifying areas for improvement for future collaborations with displaced communities.

Details

States and Citizens: Accommodation, Facilitation and Resistance to Globalization
Type: Book
ISBN: 978-1-78560-180-4

Keywords

Book part
Publication date: 18 June 2014

Bandana Purkayastha and Kathryn Strother Ratcliff

The purpose of this chapter is to discuss how routine violence seeps into the interstices of social life. Routine violence is part of a continuum of violence that extends from…

Abstract

Purpose

The purpose of this chapter is to discuss how routine violence seeps into the interstices of social life. Routine violence is part of a continuum of violence that extends from intimate violence to large-scale wars. It is gendered/racialized/classed and it is often invisible because it is normalized in everyday life.

Design/methodology/approach

Using cases from India we illustrate facets of routine violence and then use the frame to discuss some examples from the United States.

Findings

We discuss the social implications of routine violence including the significant harm on large sections of people in today’s world.

Originality

We meld theoretical discussions about violence associated with states with scholarship on violence against women; we use Indian activists’ concepts of routine violence and examine routine violence in the United States.

Details

Gendered Perspectives on Conflict and Violence: Part B
Type: Book
ISBN: 978-1-78350-893-8

Keywords

Article
Publication date: 6 July 2023

Abebe Hambe Talema and Wubshet Berhanu Nigusie

This study aims to investigate key aspects of public ownership of land, expropriation and compensation laws and practices in Ethiopia with special reference to Burayu Town.

Abstract

Purpose

This study aims to investigate key aspects of public ownership of land, expropriation and compensation laws and practices in Ethiopia with special reference to Burayu Town.

Design/methodology/approach

A mixed research technique of descriptive and analytic approach is applied in the research. This study used a purposive sampling technique to select case study counties and a systematic method for sampling households. Questionnaire surveys, focus group discussions, interviews and observations were used to collect empirical data. Average, percentage and paired-sample t-test analyses are used for quantitative data analysis.

Findings

Significant discrepancies exist between the expropriation laws and how property valuation and compensation are practiced in Ethiopia. The findings include the arbitrariness in designating public interest status to projects; unfair property valuation practice that neglects location factor to determine market value due to a skewed understanding of public ownership of land; and the assignment of property valuators who have no valuation expertise and proper knowledge of expropriation related laws. Findings revealed the socio-economic status of expropriated households has deteriorated due to the expropriation of their landholding.

Research limitations/implications

It was difficult to locate the relocated persons as they were resettled in different localities. Furthermore, the town officers were not forthcoming to provide complete information on the expropriation and compensation procedures they followed. However, this study overcame the limitations through persistent requests and availing time for the data gathering.

Practical implications

The findings indicated the need to redefine relationships between public ownership of land, public interest and expropriation of landholding. A proper understanding of the triad will pave the way for better expropriation practice in Ethiopia and in countries where land is under public ownership.

Social implications

The social implication of the study revealed that the socio-economic situation of relocated persons was adversely affected due to the poor implementation of laws.

Originality/value

The disparity between public ownership of land and the rights of citizens on landholding is misunderstood by policymakers. Research has shown for the first time the root cause for the discontent of expropriated persons in Ethiopia.

Details

Property Management, vol. 42 no. 1
Type: Research Article
ISSN: 0263-7472

Keywords

1 – 10 of over 2000