Toward Equity in Development When the Law Is Not the Law

Adler, Daniel; So, Sokbunthoeun

doi:10.1017/cbo9781139094597.008

Cited by 11 publications

(11 citation statements)

References 8 publications

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“…In the spirit of continuing the process of 'reconstituting ownership over immovable property after the period of crisis from 1975 to 1979' (Article 29), the new law thus reversed the 1992 Land Law's exclusion of agricultural land from the legal definition of smallholder ownership, and outlined pathways for titling both individual smallholdings and indigenous communal lands (see also Grimsditch and Henderson, 2009;Adler and So, 2012). At the same time, however, it ended the establishment of new rights of possession, singling out 'the private property of the state and public legal entities' as a priority area where the practice of 'encroachment' via the establishment of possession rights needed to be stopped (Article 17).…”

Section: Background: the Political Economy Of 'Anarchic Encroachment'mentioning

confidence: 99%

Large-Scale Land Acquisitions

2015

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Standard-Nutzungsbedingungen:Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Zwecken und zum Privatgebrauch gespeichert und kopiert werden.Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich machen, vertreiben oder anderweitig nutzen.Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, gelten abweichend von diesen Nutzungsbedingungen die in der dort genannten Lizenz gewährten Nutzungsrechte. -90-04-30475-8 (e-book) Terms of use: Documents in

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Section: Background: the Political Economy Of 'Anarchic Encroachment'mentioning

confidence: 99%

Large-Scale Land Acquisitions

2015

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“…Titling has been a staple of Western development assistance in the global South since the mid-1990s, and has been increasingly embraced -if also significantly reframed -in the last half-decade since the "global land grab" debate began. While titling operations have, in the past, tended to prioritize areas where land tenure was relatively secure (Biddulph 2010;Adler and So 2012), and where tenure formalization thus offered the potential to provide large numbers of landholders with legal mechanisms for accessing credit ( de Soto 2000), discussions about titling are increasingly focusing on its potential to strengthen land tenure in the context of growing demand for agricultural land (FAO et al 2010;Dwyer 2015). Debates about titling -where, when, for whom and at what scale -have proliferated over the last few years, but have yet to create a policy consensus, let alone a workable solution to the governance issues associated with large-scale transnational land access.…”

Section: Land Titling: Why Where When -And What Else?mentioning

confidence: 99%

Trying to follow the money: Possibilities and limits of investor transparency in Southeast Asia's rush for "available" land

Dwyer¹

2015

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List of figures and tables Figures Case study areas and spatial data systems examined in this study. vii Three growth landscapes. 4 Forest estate, Kalimantan. 6 Oil palm, timber plantation and logging concessions in Kalimantan. Oil palm frontier as illustrated through the case of GAR plantations, part 1. 11 Oil palm frontier as illustrated through the case of GAR plantations, part 2. 11 Cross-referencing of Profundo data with WRI/GP oil palm concessions data. 16 Concession locations and associated national representation systems in the CLV Development Triangle region. 19 Viet-Lao Rubber Company project landscape. 22 Prevalence of different financing categories in self-reporting companies of the CLV rubber sector, qualified by percentages of total for which data is available. 28 Partial legibility of Chinese agribusiness investment in the Golden Quadrangle area. 33 Tables Estimated oil palm area per province, 2001 and 2010. 8 Details about concessions shown in Figure 4. 9 Fixed asset growth in the legible portion of the Indonesian palm oil sector, disaggregated by financing category. 13 Types of financiers in the Indonesian palm oil sector's two main financing categories, 2002-2011. 14 Key private entrepreneurs invested in the Indonesian oil palm sector. 15 Available investment-per-hectare ratios for the CLV region. 25 Estimated fixed assets in the rubber sector, Lao and Cambodian portions of the CLV triangle region. 26 Types of financiers in the publicly reported fraction of the CLV rubber sector. 29 Area numbers reported by Xishuangbanna Commerce Department for opium replacement agribusiness projects. 34 Miscellaneous agribusiness statistics for northern Myanmar. 35 Comparison between 2003 data on poppy replacement plantations and 2008 data. 35 Subsidy estimates for Chinese poppy replacement agribusiness in northern Myanmar and northern Laos. 37 Numerous key informants helped me navigate the material discussed below; special thanks go to Ward Warmerdam of Profundo Economic Research. Mark Grimsditch and Andreas Neef provided substantial and extremely helpful comments on an early draft, while Steve Lawry helped sharpen the text later. Thank you all. 1 Trying to follow the money in Southeast Asia's land rush A big land deal used to be around 100,000 hectares (240,000 acres). Now the largest ones are many times that. In Sudan alone, South Korea has signed deals for 690,000 hectares, the United Arab Emirates (UAE) for 400,000 hectares and Egypt has secured a similar deal to grow wheat. An official in Sudan says his country will set aside for Arab governments roughly a fifth of the cultivated land in Africa's largest country ….

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“…This disjuncture between formal and de facto property is exacerbated by many states not even knowing the extent of their landholdings (FAO et al, 2010), and has in recent years been used to put large amounts of land into play through the blurring of both legal and cartographic boundaries (Cotula et al, 2009;Deininger and Byerlee, 2011;HLPE, 2011;Borras Jr. and Franco, 2012). This imprecise legal geography has major implications for investors who have been lured into socalled 'frontier' markets by promises of cheap and abundant state land (Adler and So, 2012;Borras Jr. and Franco, 2012;de Leon et al, 2013). If state land is actually state-owned in the sense of being demarcated and uncontested, it can give investors attractive incentives: 'one-stop' acquisition, efficient regulation and, most important, low cost of access.…”

Section: Introductionmentioning

confidence: 99%

8 ‘Better-Practice’ Concessions? Lessons from Cambodia’s Leopard-Skin Landscape

Dwyer,

Polack,

2016

Large-Scale Land Acquisitions

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In the context of the global land rush, policy debates are split on the question of state land concessions: are smallholder-centric 'inclusive' investment models the only real form of responsible agricultural investment, or are 'responsible' concessions possible when it comes to the protection of local land access? To help move this debate forwards, this paper examines two case studies in Cambodia-an oil palm plantation recently certified by the Roundtable on Sustainable Palm Oil (RSPO) and a teak plantation certified by the Forest Stewardship Council (FSC)-which we refer to as 'better-practice' concessions. These cases reflect efforts to operationalise the Cambodian government's 'Leopard-Skin' policy, which stipulates that concessions be developed around smallholders rather than directly on top of them. We argue that regularisation is not inherently objectionable, but carries risks when carried out on a concession-by-concession basis, because it distances vulnerable land users from the potentially protective effects of the law and defers to localised, and often unequal, relations of authority. The paper thus highlights the challenges that investors and communities are likely to face even when concession developers seek to respect existing local land claims, and suggests that models based on empowered communities with more secure forms of tenure are likely to work better for all parties involved.

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Toward Equity in Development When the Law Is Not the Law

Cited by 11 publications

References 8 publications

Large-Scale Land Acquisitions

Large-Scale Land Acquisitions

Trying to follow the money: Possibilities and limits of investor transparency in Southeast Asia's rush for "available" land

8 ‘Better-Practice’ Concessions? Lessons from Cambodia’s Leopard-Skin Landscape

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