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1 – 10 of over 1000Rio Erismen Armen, Engku Rabiah Adawiah Engku Ali and Gemala Dewi
This study aims to investigate beneficial right as a new legal concept and term accepted by the Indonesian legal system. The new concept was ratified to endorse government…
Abstract
Purpose
This study aims to investigate beneficial right as a new legal concept and term accepted by the Indonesian legal system. The new concept was ratified to endorse government decision to use ṣukūk (as an Islamic financial instrument) in the financing of state budget deficit. Some legal issues emerged after the ratification such as the necessity to synchronize the beneficial right with other property rights in Indonesia and the disharmony between laws related to sovereign ṣukūk issuance.
Design/methodology/approach
The study uses a qualitative method with library study and interviews with relevant legal experts in Indonesia as the data collection techniques.
Findings
The findings show that the passage of Sovereign Ṣukūk Law 2008 that ratified beneficial right deemed as a concession point by the government to solve conflicts between legal restriction and employment of state-owned assets as the underlying asset of sovereign ṣukūk. The study deemed the necessity to improve the use of beneficial right in the Indonesian legal system which by the concept is not exercised for the issuance of sovereign ṣukūk only. There is the need to harmonize the administration of this right with other property rights in Indonesia.
Research limitations/implications
The scope of study will be limited to the Indonesian regulation related to the use of beneficial right concept in the issuance of sovereign ṣukūk in Indonesia. The regulation as mentioned will be in the form of statutes, presidential or ministerial regulations, and also opinions of Indonesian legal and sharīʿah scholars regarding the matter.
Originality/value
This study may explore significantly the use of beneficial right for the issuance of sovereign ṣukūk by the Government of Indonesia. Specifically, the study reveals and addresses the issues that are following the ratification of beneficial rights originated from the common law system into the Indonesian civil law system.
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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.
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Peihua Mao, Ji Xu, Xiaodan He and Yahong Zhou
The results of this study have significant policy implications for charting a new course toward enhancing agricultural productivity among Chinese farmers.
Abstract
Purpose
The results of this study have significant policy implications for charting a new course toward enhancing agricultural productivity among Chinese farmers.
Design/methodology/approach
By establishing a rural household decision-making model based on the transfer market of farmland operation rights, this paper systematically analyzes the effects of land transfer-in and land transfer-out on the productivity (per labor income) of rural households. The authors conducted basic regression analysis and robustness tests using propensity score-matching and proxy variable approaches based on the micro survey data from rural households in 30 counties in 21 provinces/municipalities/autonomous regions in 2013.
Findings
After the completion of land transfer, the total productivity of rural households transferring in lands will increase with an increase in the agricultural productivity; the total productivity of rural households transferring out land will increase due to a rise in non-agricultural productivity and the absolute total productivity of rural households not involved in land transfer will remain unchanged.
Originality/value
Unlike previous literature, this paper discusses the impacts of land transfer-in and transfer-out on total productivity, agricultural productivity and non-agricultural productivity among various rural households (i.e. those transferring in land, transferring out land or which are self-sufficient).
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Embial Asmamaw Aschale and Habtamu Bishaw Asres
The purpose of this paper is to examine expropriation, valuation, compensation and rehabilitation practices and their impacts on expropriated households.
Abstract
Purpose
The purpose of this paper is to examine expropriation, valuation, compensation and rehabilitation practices and their impacts on expropriated households.
Design/methodology/approach
This study employed a mixed research approach. The target populations of the study were expropriated households in Debre Markos City from 2019 to 2022. The study uses purposive and systematic random sampling techniques. The data were analyzed using descriptive statistics, narration and thematic clustering.
Findings
The findings of this study revealed that the expropriation process was not participatory and the right holders were not treated as what is expected. It is further found that economic losses, moral damage and social disturbance payments were not considered in the compensation package. The displacement compensation given was also inadequate and sometimes delayed and the time value of money was not taken into account for delayed payments. This creates social and economic problems. The rehabilitation and resettlement program was inadequate and ineffective. The expropriation, valuation, compensation and rehabilitation practice in general lack transparency and accountability.
Practical implications
To ensure efficient and effective expropriation, valuation and compensation, there should be a well-organized government system that provides an accurate valuation on the one hand and restores the livelihood of the displaced on the other.
Originality/value
This paper is the first on expropriation, valuation, compensation and rehabilitation within the framework of transparency, accountability, effective rehabilitation and resettlement and institutional arrangements to ensure the sustainable livelihoods of affected households.
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Thalia Anthony, Juanita Sherwood, Harry Blagg and Kieran Tranter
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.
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Yanjiao Yang, Xiaohua Lin and Robert B. Anderson
Entrepreneurship by Indigenous people in Canada and Australia, while historically connected to the ancestral lands and traditional practices of Indigenous people, has been…
Abstract
Purpose
Entrepreneurship by Indigenous people in Canada and Australia, while historically connected to the ancestral lands and traditional practices of Indigenous people, has been evolving and expanding in scope and nature. In this article, the authors aim to offer an integrative framework for capturing the contemporary dynamics and outcomes of entrepreneurship by Indigenous people as they pursue venture creation as part of their broader development aspirations.
Design/methodology/approach
Drawing on literature from place-based views of entrepreneurship and social identity theory, the authors develop a typology to account for four modes of entrepreneurship by Indigenous people along two contextual dimensions – Indigenous territory and Indigenous marker.
Findings
Indigenous practicing entrepreneurship may choose to conduct business within or outside of traditional lands and demonstrate more or less indigeneity in their business activities as they marshal resources and seek opportunities. The authors identify how these diverse Indigenous businesses contribute to the economic development among Indigenous communities as part of their ongoing struggle to rebuild their “nations” using business.
Originality/value
This article contributes by differentiating sociocultural vs economic resources in noneconomic contexts to develop a theoretical typology of Indigenous entrepreneurship. By detailing the relations between Indigenous territories and Indigenous lands and between Indigenous identity and Indigenous markers, the authors contribute to a more nuanced and practical conceptualization of Indigenous entrepreneurship.
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This chapter focuses on the intricacies of marginalized communities in Bangladesh. It provides an in-depth understanding of these communities, considering their sociocultural…
Abstract
This chapter focuses on the intricacies of marginalized communities in Bangladesh. It provides an in-depth understanding of these communities, considering their sociocultural backgrounds and the challenges they face. This chapter introduces the empowerment paradigm, highlighting the importance of empowering marginalized groups as a catalyst for positive change. It further explores various strategies and initiatives designed to uplift these communities, emphasizing the pivotal role of family planning in this process. By examining the transformative impact of family planning on marginalized communities, this chapter underscores how it can lead to improved health, education, economic opportunities, gender equality, and overall community development in the Bangladeshi context.
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The purpose of this study is to examine the effects of market-based approach to provision of housing to low-income households in urban Malawi.
Abstract
Purpose
The purpose of this study is to examine the effects of market-based approach to provision of housing to low-income households in urban Malawi.
Design/methodology/approach
This study was conducted in Blantyre, Malawi, between 2019 and 2022 and used both quantitative (household survey) and qualitative (in-depth interviews and document study) methods of data collection. Interviews were conducted with key players and investors in the housing sector. Household survey data were analyzed through descriptive statistics, which allowed the generation of descriptive housing valuables, whereas qualitative data were analyzed through content analysis.
Findings
This paper demonstrates that, rather than ameliorating the housing problems facing low-income households, the market approach to provision of housing in Malawi has worsened the housing situation in the country. This is so because the market approach to the provision of housing in Malawi is not only enforcing the logic of capitalistic accumulation in the housing sector but also supporting mechanisms of exclusion based on economic stratification within the community.
Research limitations/implications
Completeness of data over time as there is no market data bank available in the country.
Practical implications
The findings from this study suggest that some degree of state intervention in addressing the housing problem in Malawi is required.
Social implications
The study findings suggest that a market approach to the provision of housing can increase social inequality as low-income households face challenges in accessing housing.
Originality/value
There is a paucity of research on the effects of the market approach on the provision of affordable housing to low-income households in Malawi. This paper assesses this important policy gap and provides significant policy directions.
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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.
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