03 October 2015

Who Owns the World’s Land? 

A global baseline of formally recognized indigenous & community land rights


In recent years, there has been growing attention and effort towards securing the formal, legal recognition of land rights for Indigenous Peoples and local communities. Communities and Indigenous Peoples are estimated to hold as much as 65 percent of the world’s land area under customary systems, yet many governments formally recognize their rights to only a fraction of those lands. This gap—between what is held by communities and what is recognized by governments—is a major driver of conflict, disrupted investments, environmental degradation, climate change, and cultural extinction. While community land rights are garnering greater attention in national and international circles, the actual status and extent of legal recognition has not been well understood. This report seeks to contribute to this field as the first analysis to quantify the amount of land formally recognized by national governments as owned or controlled by Indigenous Peoples and local communities around the world. The study includes data from 64 countries comprising 82 percent of global land area. It builds on the ongoing work of the Rights and Resources Initiative (RRI) to track ownership and control of the world’s forests, and expands that research to identify lands that are owned and controlled by local communities across all terrestrial ecosystems in the countries studied, including such diverse lands as grasslands in China, taiga in northern Canada, and rainforests in Brazil.

THE RIGHTS AND RESOURCES INITIATIVE RRI is a global coalition of 13 Partners and over 150 international, regional, and community organizations advancing forest tenure, policy, and market reforms. RRI leverages the strategic collaboration and investment of its Partners and Collaborators around the world by working together on research, advocacy, and convening strategic actors to catalyze change on the ground. RRI is coordinated by the Rights and Resources Group, a non-profit organization based in Washington, D.C. For more information, please visit www.rightsandresources.org.

01 October 2015

Western Legal Traditions by Martin Vranken

Western Legal Traditions

A Comparison of Civil Law and Common Law

By Martin Vranken

Federation Press – 2015 – 208 pages
The rule of law constitutes the hallmark of contemporary Western society. However, public perceptions and attitudes to the law can vary in space and time. This book explores legal solutions to selected problem scenarios in their broader historical, economic, political and societal context. The focus is on the legal traditions of civil law and common law.
The book is premised on the assumption - indeed, the conviction - that use of the comparative method both facilitates and promotes a deeper understanding of the society in which we live and the rules by which it is shaped. Major 'threads' that run through the book are the relationship between law and morality, the role of the state in regulating human interaction, as well as the relationship between the state and the individual.
As a practical matter, the text is divided into 3 Parts. A first Part provides various building blocks for a discussion of 'the law in action' in the second and main Part of the book. A final Part addresses the issue of regional globalisation and its impact on the traditional divide between civil law and common law. An Appendix contains the full text of the Charter of Fundamental Rights of the European Union.
Martin Vranken is a Reader in the Faculty of Law at the University of Melbourne.
http://www.taylorandfrancis.com/

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