Discrepancies between paper and practice in policy implementation: Tajikistan’s property rights and customary claims to land and water

Klümper, Frederike; Theesfeld, Insa; Herzfeld, Thomas

doi:10.1016/j.landusepol.2018.03.030

Cited by 13 publications

(5 citation statements)

References 57 publications

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“…As land tenure reforms evolved, some villages started building fences to make clear boundaries, and other villages distributed legal certificates to herders with descriptions of the geographical location of their grasslands. Either building fences or distributing legal certificates increase the security protection of privatized grassland use rights, which we call "privatization with security protection" and is similar to the de jure property rights that appeared in the literature (Alston et al, 2011;Klümper et al, 2018).…”

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confidence: 83%

Grassland tenure reform and grassland quality in China

Hou

Liu

Tian

2022

American J Agri Economics

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This paper investigates the impact of land tenure reform on grassland quality in pastoral areas of China. Using nearly 40 years of remote sensing combined with survey data in the pastoral area of China, we find that the privatization of land use rights without physical (i.e., fences) or legal (i.e., certificates) protection has little impact on improving grassland quality measured by the Normalized Difference Vegetation Index (NDVI). The enhanced privatization of grassland use rights with physical or legal security significantly increases grassland quality. We show that after the privatization of land use rights with security protection, grassland quality experienced about a 3% increase. Our results suggest that switching to privatized use rights without security protection from previously cooperatively managed land may undermine the positive environmental effects of land tenure reform.

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confidence: 83%

Grassland tenure reform and grassland quality in China

Hou

Liu

Tian

2022

American J Agri Economics

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“…The difference in perspectives between the government and local communities regarding this land status leads to land use conflicts. Local communities often consider the land ancestral property used for agriculture or plantations based on long-standing nomadic farming traditions (Klümper et al, 2018). This practice of shifting cultivation creates abandoned lands that become increasingly wild with dense and diverse vegetation growth, eventually making it difficult to revert to productive land.…”

Section: Land Ownership Claimsmentioning

confidence: 99%

The Responsibility of Natural Resources Conservation Center in Preventing Encroachment of Conservation Forest Areas in East Nusa Tenggara

Mau,

Naatonis

2024

AIJIH

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This research aims to examine the relationship between the increase in encroachment on conservation forests and the classification of forests based on their ownership status, as well as assess the East Nusa Tenggara BBKSDA's responsibility in addressing conservation forest encroachment. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that land ownership claims, boundary disputes, and a lack of community understanding regarding conservation forest status are the primary causes of encroachment. Although the East Nusa Tenggara BBKSDA has taken various proactive steps to address conservation forest encroachment, the issue has not yet been fundamentally resolved. Therefore, it is recommended that the Local Government and East Nusa Tenggara BBKSDA take concrete measures to tackle the ambiguity of land ownership status, which is one of the root problems of conservation forest encroachment. These measures could begin with reviewing and updating data related to land boundaries and ownership status, followed by mediation between the government and the community to resolve border disputes fairly and transparently. Furthermore, it is essential for traditional institutions and local communities to actively participate in this process actively, utilizing local knowledge and traditions in determining fair and mutually recognized land boundaries. The Local Government and BBKSDA must also enhance efforts to socialize and educate the community about the importance of conservation forests, including the long-term benefits of forest conservation for environmental sustainability and the local economy. These efforts should be carried out through effective communication appropriate to the local cultural context so that the community can accept and value the importance of conservation forests.

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“…In post-socialist countries, we often observe a discrepancy between formally assigned property rights and informal (customary) rules of daily routine, which results in legal pluralism (Theesfeld 2019;Kl€ umper, Theesfeld, and Herzfeld 2018). Such rights and claims may contradict or reinforce one another (Meinzen-Dick 2014; Soliev et al 2017).…”

Section: Theoretical Framework: Property Rights and Conflictsmentioning

confidence: 99%

“…The approach was used in a number of studies focusing on the governance of local resources (e.g. Quinn et al 2010, Colding et al 2013, Kl€ umper, Theesfeld, and Herzfeld 2018.…”

Section: Theoretical Framework: Property Rights and Conflictsmentioning

confidence: 99%

Understanding Causes of Conflict Over Common Village Pastures – A Comparative Analysis of Property Rights in Azerbaijan and Georgia

Neudert

Theesfeld

Didebulidze

et al. 2020

Society & Natural Resources

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Conflicts in the management of renewable natural resources are situations in which actors have diverging opinions on issues of natural resource use. In the literature, among the causal factors for conflicts discussed are resource wealth or scarcity and the role of governance. The evidence, however, is contradictory. In order to analyze the role of governance in more detail, we propose a combined analysis of property rights and conflicts. In this way, an improved understanding of the causes of local conflicts over renewable natural resources can be achieved. We use comparative case study data from pasture management in the Caucasus region, first, to classify conflicts according to the bundle of property rights approach and, second, to explore how the causal factors resource scarcity and current governance contribute to those conflicts.

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Discrepancies between paper and practice in policy implementation: Tajikistan’s property rights and customary claims to land and water

Cited by 13 publications

References 57 publications

Grassland tenure reform and grassland quality in China

Grassland tenure reform and grassland quality in China

The Responsibility of Natural Resources Conservation Center in Preventing Encroachment of Conservation Forest Areas in East Nusa Tenggara

Understanding Causes of Conflict Over Common Village Pastures – A Comparative Analysis of Property Rights in Azerbaijan and Georgia

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