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The right to land plays a key role in the realisation of a plethora
of human rights, including the right to food, water, housing,
employment, a clean and healthy environment, an adequate standard
of living, social status and the power to make decisions. Property
rights over land can take many forms, from mere access rights to
ownership. Due to a growing world population and various global
crises and developments such as agrarian reform, land is becoming
scarce. The result is that land prices increase and the poorest
sectors of society are deprived of access to land whilst State
authorities and foreign investors practise land grabbing to make
way for palm oil, animal feed and biofuel plantations, tourist
resorts, or as speculative investment. In addition, arable land is
not only claimed for residential purposes, but also by industries
that in turn pollute the soil and water. Many groups in society,
especially in developing States, need access to land for their
subsistence. It is these smallholders, landless farmers, rural
youths, indigenous peoples and women who often suffer the worst
consequences of land reform schemes and land grabbing practices.
They are not well protected by the existing forms of land tenure
and State authorities often fail to live up to their human rights
obligations to respect and protect the land rights of people in all
sectors of their society.Legal Aspects of Land Rights is the result
of the cooperation of scholars from five Indonesian faculties of
law, the Maastricht Centre for Human Rights, and the Maastricht
European Transnational Research Institute (METRO), together known
as the Land Rights Consortium.
This book provides a compelling view of the emerging system of
environmental law in Indonesia, the world's fourth most populous
country and one of its most rapidly developing. Whilst Indonesia
owes its legal traditions to Dutch civil law, a vibrant community
of Indonesian environmental law scholars, many of whom are
represented in this volume, has helped forge distinctive approaches
to environmental regulation. With contributions also by leading
European scholars, this is a significant addition to the existing
literature on comparative studies in environmental law.' - Rob
Fowler, IUCN Academy of Environmental Law'In Regulating Disasters,
Climate Change and Environmental Harm Michael Faure and Andri
Wibisana bring together insightful analyses of how developing
countries can manage serious hazards. Natural disasters have long
been threats to developing countries, but now climate change is
increasing many risks and posing new challenges. Using Indonesia as
a case study, the volume explores issues of risk mitigation and
compensation that many other countries also face.' - Daniel Farber,
University of California, Berkeley This book deals with questions
concerning the regulation of disasters, climate change and
environmental harm in developing countries, focusing on the
particular case of Indonesia and addressing regulatory problems
from a multidisciplinary perspective. The contributing authors deal
with issues of globalization and especially the question of how
globalization affects environmental harm - for example, examining
how climate change is regulated in developing countries. Particular
attention is paid to the programme for reducing emissions from
deforestation and forest degradation (REDD+) and to the
effectiveness of the Clean Development Mechanism. Specific focus is
also given to the regulation of disasters and the problem of how
victims of disasters can be compensated. The book considers issues
of decision-making and public participation in decisions with
respect to environmentally hazardous activities and finally, the
subject of how indigenous knowledge and 'local wisdom' can be
incorporated in environmental decision-making in developing
countries is discussed. Important conclusions are drawn about how
reliable institutions and instruments can be developed to guarantee
decision-making which reduces the risks emerging from environmental
degradation, climate change or disasters in that public interest.
Recommendations are formulated to take into account the specific
challenges and problems that developing countries are facing when
proposing particular instruments or institutions. This book will
appeal to environmental lawyers, environmental policymakers, civil
servants with competence for disasters, environmental
decision-making or climate change, and environmental economists.
Contributors: C. Backes, D. Bram, D. Bunga, L. Choukroune, M.
Faure, I.N.E. Irawan, J. Khatarina, T. Mafira, R.V. Rugebregt, M.A.
Santosa, I.G.E. Sarjana, J. Spier, M.A. Suleiman, E. Vos, I.W.
Wiasta, A. Wibisana, I.W.G. Wiryawan
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