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1 – 10 of 335
Article
Publication date: 28 November 2022

Lucky Kabanga and Manya Mainza Mooya

This paper develops a conceptual framework that is applicable in various compensation settings vis-a-vis relevant legal frameworks, compensation processes and practices…

Abstract

Purpose

This paper develops a conceptual framework that is applicable in various compensation settings vis-a-vis relevant legal frameworks, compensation processes and practices, compensation outcomes and adequacy of resultant compensation by using a common evaluative framework, to address the lack of such a conceptual framework in the compensation literature. Also, by developing a new conceptual framework, this paper provides a platform and an analytical tool for anchoring and analysing future research on compensation for expropriation of various property rights.

Design/methodology/approach

This conceptual paper is based on original thought and review of literature on compensation for expropriation.

Findings

A critical analysis of existing literature on compensation for expropriation of customary properties reveals that most studies are inadequately informed by relevant compensation theories and that each study uses its own tailor-made analytical framework. This entails that there is no general conceptual framework for anchoring new studies in compensation and aid in extrapolating their results to similar populations and contexts.

Originality/value

This paper makes novel contribution to knowledge by developing a new conceptual framework for analysing compensation for expropriation of customary property rights, which is not there currently. Essentially, by developing the new conceptual framework, this paper provides a basis for anchoring new research works in compensation and their analyses, thereby making a further contribution to knowledge.

Details

Property Management, vol. 41 no. 3
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 1 March 2022

Donna Asteria, Putri Alvernia, Berliana Nur Kholila, Sabarina Isma Husein and Farha Widya Asrofani

The Baduy tribe has its own uniqueness and values regarding the forest; it manages the forest using customary law to keep it sustainable. This research aims to describe the…

Abstract

Purpose

The Baduy tribe has its own uniqueness and values regarding the forest; it manages the forest using customary law to keep it sustainable. This research aims to describe the position of customary law used by the Baduy tribe to conserve forest areas.

Design/methodology/approach

This research is a qualitative research conducted in September 2019 and 2020 at Baduy. The data were collected through a literature study and in-depth interviews with informants related to the Baduy tribe. The collected data included documentation and interview transcripts that were translated into English. Data analysis was conducted in a descriptive manner, equipped with related evidence.

Findings

The Baduy community holds firm to its customs and culture called pikukuh. The Baduy community applies the concept of sustainable forest management in that local communities are directly involved in forest management activities to improve welfare and implement sustainable forests.

Practical implications

The implication of this research is that it is beneficial for forest conservation based on customary law, using the conservation approach of the Baduy tribe as a local community in protecting the sustainability of forest resources and their sustainability for the next generation. This study contributes as a guide for the government to formulate policies that will include local communities into conservation programs and government policies. It may apply to a study of coordination with related institutions such as the Ministry of Environment and Forestry in implementing forest conservation.

Originality/value

This study uses primary data from the Baduy tribe, which has unique local traditional values regarding the territory and the important role of the forest. The originality of the findings from the excavation of each activity was based on the procedures and beliefs regulated in customary law regarding forest management. Preservation of traditional knowledge in customary law has contributed to the urgency of sustainable forest conservation and biodiversity conservation, which is part of the traditional knowledge of the Baduy tribe.

Details

Journal of Cultural Heritage Management and Sustainable Development, vol. 14 no. 2
Type: Research Article
ISSN: 2044-1266

Keywords

Article
Publication date: 1 August 2023

Method Julius Gwaleba, Sophia Marcian Kongela and Wilbard Jackson Kombe

This paper aims to explore the role of participatory governance to actors’ participation in land use planning for tenure security in rural Tanzania. Three case studies where land…

Abstract

Purpose

This paper aims to explore the role of participatory governance to actors’ participation in land use planning for tenure security in rural Tanzania. Three case studies where land use planning project implemented were selected to make assessment on how local actors were involved in the process.

Design/methodology/approach

This paper uses qualitative research methods, whereby semi-structured interviews with village landholders and key informants were conducted to get their perspectives on land use decisions and land tenure (in)security. Besides, focus group discussions with the village landholders were also used.

Findings

The research findings indicate low participation of local actors in land use planning process. Decisions on land use by the local actors were very minimal. Further, communication between the involved actors was also difficult.

Originality/value

The study offers insights on participatory governance into land use planning for tenure security. The study develops a framework to improve land use planning process toward tenure security outcome. A tri-partite strategy consisting of enabling mechanisms of governance capacity, institutional capacity and converging discourses articulates a framework for the evolution in the degree of local actors’ participation to improve security of land rights through land use planning process in rural Tanzania.

Details

Journal of Property, Planning and Environmental Law, vol. 15 no. 3
Type: Research Article
ISSN: 2514-9407

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

Article
Publication date: 1 July 2022

Goran Ivo Marinovic

Informal dwellings describe makeshift lodgings made from temporary materials, such as plastic, corrugated iron, sheeting, packing cases, or wood. These units allow low-income…

Abstract

Purpose

Informal dwellings describe makeshift lodgings made from temporary materials, such as plastic, corrugated iron, sheeting, packing cases, or wood. These units allow low-income groups to informally occupy land and create their habitable space in a phased manner. This article focuses on elements of the urban morphology, such as density, accessibility, and operating assortment of informally built areas in the southern region of Montenegro.

Design/methodology/approach

The author examines the urban morphologies of four urban areas, whose informality is traditionally viewed as markers of decline and despair. Using observations, questionnaires, and semi-structured interviews, the investigator maps dwellings in Ulcinj, Budva, Tivat, and Herceg Novi neighbourhoods. The researcher interrogated participants about land distribution during the construction of sheds, buildings' outline and orientation toward the street, and activities performed in their dwellings, such as living, working, and accommodating relatives and guests. This methodology tests the hypothesis, formulated as a deeper understanding of urban morphology for examining the interweaving of informally built settlements with the rest of the city.

Findings

A cartographic investigation is used to reframe customary rights of low-income populations to land inclusion and their place in the city. The results clearly show that the location and lifestyle are designed to obfuscate the vulnerable populations from the public view, disconnected from policymaking, and ignored by urban planning projects. However, the interviewees' destinations orientation away from the downtowns represents the possibility of reconfiguring existing urban planning practices. For creating alternative urbanisation, the orientation of less visible neighbourhoods presents a model for building regulations embedded in social forces and cultural habits of all social and ethnic groups.

Research limitations/implications

This study did not address the implementation of social hosing policies and the logistical limitations of realising them by the local and national governments. During firework, the author encountered dwellers outside four studied low-income neighbourhoods in the south region of Montenegro. Mapping morphological elements of these generally small clusters of informal built units are left for future research. Future studies could examine how informality is performed in Montenegro by moderate and high-income groups as an assemblage of different power relationships and urban practices.

Practical implications

The argument is based on counter urbanism as the orientation and destination of less visible neighbourhoods for creating building regulations embedded in social forces and cultural habits of all social and ethnic groups. This study showed that the urban morphology of informality in the coastal cities of Montenegro lays the ground for alternative urban planning practices based on the different interconnection of districts. The outcome is a strong link between different social and ethical groups through self-building practices.

Social implications

In coastal cities of Montenegro, Roma, Ashkali, and Egyptian live with other low-income groups in unsanitary settlements characterised by poor living conditions, low-quality illegally built housing, no plumbing or sewage systems, and overcrowded urban areas. Mapping morphological elements of less visible urban areas propose shifting from top-down urban planning policies to a participatory model of developing urban areas.

Originality/value

The assemblage of informally built urban areas legitimise place in the city that goes against the housing market's dominant logic and exceeds alternative logics of building production. This article outlined the urban morphologies of four urban areas for turning the image of informality away from decline and despair to lessons of urban interconnection. By creating different maps, the author presented a diverse orientation of four case studies based on density, accessibility, and operating assortment.

Details

Archnet-IJAR: International Journal of Architectural Research, vol. 17 no. 4
Type: Research Article
ISSN: 2631-6862

Keywords

Abstract

Details

Mixed-Income Housing Development Planning Strategies and Frameworks in the Global South
Type: Book
ISBN: 978-1-83753-814-0

Article
Publication date: 9 November 2023

Tom Spencer

This paper aims to use doctrinal legal investigative methods combined with economic analysis to investigate the efficacy of the Law.

Abstract

Purpose

This paper aims to use doctrinal legal investigative methods combined with economic analysis to investigate the efficacy of the Law.

Design/methodology/approach

The purpose of this paper is to explain the inherent absurdity in the modern law of town and village greens (TVGs). The author wishes to show that the public understanding of what constitutes a green worth protecting is incomparable with how the Law currently operates, instead providing a crude vehicle to prevent development.

Findings

Applying an efficiency maximisation framework to the law of TVGs the Law fails to protect land worth protecting, as well as prevents allocatively efficient bargaining from taking place.

Research limitations/implications

This research has not presented empirical evidence to suggest the extent of the damage identified. This is a separate question to the marginal impacts of the damage.

Originality/value

A Law and Economics analysis of TVG Law in England and Wales has not been attempted before.

Details

Journal of Property, Planning and Environmental Law, vol. 15 no. 3
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 12 July 2023

Maryam Kamaei, Salameh Abolhasani and Naghmeh Farhood

The purpose of this research is to analyze the role of gender in the commission of white collar crimes and investigate it in five countries: Norway, Portugal, America, India and…

Abstract

Purpose

The purpose of this research is to analyze the role of gender in the commission of white collar crimes and investigate it in five countries: Norway, Portugal, America, India and Iran.

Design/methodology/approach

Descriptive analytical method is used in this article.

Findings

A total of five observations were examined about the rank and percentage of women's participation in white-collar crimes, namely, from Norway (rank 3, 7%), USA (rank 26, 5%), Portugal (29th rank, 13%), India (rank 135, 11%) and Iran (rank 143, 5%). As is visually obvious, there seems to be no relationship between the level of gender equality and the percentage of women involved in white-collar crimes. However, according to Hobbs, in most research, the issue of gender and its effect on the occurrence of white-collar crimes have not been addressed, but by using the limited statistics and limited information available, it can be concluded that a small number of women have committed this crime. According to global crime reports, only 15 out of 200 prosecutions for white-collar crimes involve women.

Originality/value

To the best of the authors’ knowledge, this article is original and has been submitted only to this journal and has not been submitted to another journal at the same time.

Details

Journal of Financial Crime, vol. 31 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

Expert briefing
Publication date: 11 March 2024

This has sparked the growth of ethnic Zarma self-defence militias, known locally as ‘zankai’. These militias reflect broader communal self-defence efforts, often arising because…

Details

DOI: 10.1108/OXAN-DB285771

ISSN: 2633-304X

Keywords

Geographic
Topical
Article
Publication date: 4 April 2023

Mittul Vahanvati, Darryn McEvoy and Usha Iyer-Raniga

This paper aims to highlight the localised shelter solutions to fulfil adequate and disaster resilient housing needs of urban informal settlers of Honiara, the capital city of…

Abstract

Purpose

This paper aims to highlight the localised shelter solutions to fulfil adequate and disaster resilient housing needs of urban informal settlers of Honiara, the capital city of Solomon Islands, in a way that is sensitive to their unique challenges, values and aspirations, is gender- and disability-inclusive, and considers housing from the complete lifecycle of a disaster (pre-, during- and post-).

Design/methodology/approach

Qualitative data was gathered through empirical research through five community workshops at five hotspot settlements, two stakeholder workshops and a stakeholder interview. Semi-structured questions as well as photographs of housing and settlement were used for data collection. With an emphasis on self-recovery, the identified shelter needs were then matched with the roles and responsibilities of the Government to support a process of “assisted” self-preparedness and recovery.

Findings

The output of the research was the Solomon Islands Shelter Guide. This paper draws from the Guide to present some of the findings. One of the key findings was an emphasis on shelter self-preparedness and self-recovery. However, in order for them to do that, they needed a combination of assistance – technical knowledge, materials and financial support – which is tailored to their settlement’s specific needs and based on hazard damage assessment. While the Guide provides one form of the assistance (i.e. technical), this paper is a call for action from the Solomon Islands Government and shelter responders to fulfil the rest of the community needs for shelter adequacy.

Research limitations/implications

The paper contributes to existing scholarship on shelter after disasters by adding “assisted” in front of self-recovery, in line with the limited access to resources by the most vulnerable to recover, despite housing being” a human right and definition of adequate housing (UN-Habitat, 2015, 2021), which includes freedom of choice, entitlements and meeting minimum adequacy criteria.

Practical implications

There are many implications of this research. Since the publication of the Shelter Guide, there is excitement among most humanitarian and development agencies, government authorities and the local communities in Honiara. The Guide forms the first step in contributing to identified needs and strengthening community capacities to self-build, self-recover or self-retrofit one’s house based on their own choice of materials, design, social and economic circumstance. However, it provides one of the three elements identified as needs by the communities, as i) technical guidance, and a kit-of parts for multi-hazard safe housing, ii) financial and economic assistance and iii) a political voice or being supported and heard by the government. The research team are working with the same five urban informal communities in 2022–2023 to develop and operationalise local disaster plans (in partnership with local non-government organisations), capacity-building activities and translation of the Shelter Guide into technical posters (for local builders) and graphic novel in local pidgin language, as part of the Climate Resilient Honiara project (funded by the United Nations framework convention on climate change (UNFCCC) Adaptation fund and administered by UN-Habitat). In the longer term it would be worth evaluating the practical implications of the Guide or to examine whether the proposed socio-technical and governance guidance will find roots in the local culture.

Originality/value

While the Guide adhered to internationally agreed concepts of self-recovery, incremental shelter and core space, it contributes to existing scholarship on shelter after disasters by adding “assisted” in front of self-recovery, in line with housing as a human right and adequate housing (UN-Habitat, 2015, 2021), including freedom of choice, entitlements and meet minimum adequacy criteria, all of which require materials and financial assistance by the relevant in-country authorities.

Details

International Journal of Disaster Resilience in the Built Environment, vol. 14 no. 4
Type: Research Article
ISSN: 1759-5908

Keywords

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