Charta öfver Åland : Del. C. T.

Tekijä: Christophorus Tärnström, 1711-1746, laivapastori, tutkimusmatkailija.

The Constitutional basis of aboriginal rights

Aboriginal rights are rights held by aboriginal peoples, not by virtue of Crown grant, legislation or treaty, but “by reason of the fact that aboriginal peoples were once independent, self-governing entities in possession of most of the lands now making up Canada.” It is, of course, the presence of aboriginal peoples in North America before the arrival of the Europeans that distinguishes them from other minority groups in Canada, and explains why their rights have special legal status. However, the extent to which those rights had survived European settlement was in considerable doubt until as late as 1973, which was when the Supreme Court of Canada decided the Calder case.2 In that case, six of the seven judges held that the Nishga people of British Columbia possessed aboriginal rights to their lands that had survived European settlement. The actual outcome of the case was inconclusive, because the six judges split evenly on the question whether the rights had been validly extinguished or not. However, the recognition of the rights was significant, and caught the attention of the Government of Canada, which began to negotiate treaties (now called land claims agreements) with First Nations in those parts of the country that were without treaties. That resumed a policy that had been abandoned in the 1920s, when the last numbered treaty was entered into.

Securing Tenure for Sustainable Livelihoods: A Case of Women Land Ownership in Anglophone Cameroon

The majority of women in Third World countries depend on land for their livelihood. Security of tenure is important for them to ensure sustainable development, especially in rural areas. In most parts of Africa, land ownership is affected by traditional values, inheritance rights, and government influence. These forces have provided varying types of tenure which are detrimental to the women in rural and urban areas. Land acquisition and its development has been an emotive issue due to traditional pressures and the law as regards the process of land certification. The government and traditional administrations are highly involved in the way women own land and subsequently develop it in Anglophone Cameroon. State authority over land acquisition is important, but the process for obtaining land title is herculean especially for the rural woman. This study illustrates that land acquisition and development by women constitute a problem because of traditional pressures and the law guiding the process of land certification. There is need to exhume the barriers of government’s legal instrument (The Land Consultative Board) that regulates the ownership of land and to revisit some traditional practices as regards land ownership that impact negatively on women in a changing and globalizing world. A compromise approach is advocated for land acquisition that can transcend traditional barriers as well as render the process of land registration more realistic especially for women.

Land Restitution and Prevention of Forced Displacement in Colombia

The armed conflict in Colombia, which has generated over three million internally displaced persons, has dramatic humanitarian consequences and raises serious issues regarding the protection of displaced peoples’ rights. The underlying reasons for the displacement often lie in the dynamics associated with territorial control and land seizures undertaken for strategic, military or purely economic purposes. Domestic and international legal provisions have established the victims’ right to the restitution of their homes and property as the “preferred remedy” in cases of displacement. However, policies dealing with displacement, both those of the Colombian government and of several international institutions, fail to take this sufficiently into account. A comprehensive reparation policy for victims must necessarily entail the reversion of lands, territories and goods seized in Colombia under the pretext of the internal armed conflict.

The Bureaucratic Impact of the mobilization for Land. Lessons from the Liberal Republic

The State-building process must be understood through the study of the agencies in charge of each of its regulatory functions. One such function is the regulation of property rights. During the Liberal Republic, as a reaction to the massive mobilization,new tools to better regulate property rights were promoted: colonization, parceling, the award of public lands and, at the end, a new legal framework. In spite of its purposes, they faced and failed to solve the challenges every organization experiences when growing: resource scarcity, controlling its agents, and keeping technical simplicity.

The project of land restitution in Colombia: an illustration of the civilizing force of hypocrisy?

This article offers a theoretical interpretation of the dispositions on land restitution contained in the famous “Victims’ Bill”, which was debated in the Colombian Congress during the year 2008. The bill included specific mechanisms aimed at guaranteeing the restitution of land to victims of the Colombian armed conflict. At the time, the bill was endorsed by all the main political actors in the country –notably the government and the elites that support it, on the one hand, and victims’ and human rights organizations and other opposition groups, on the other–. The fact that the restitution of land to victims of the Colombian armed conflict was being considered as a serious possibility by all political actors in the country seemed to indicate the existence of a consensus among actors whose positions are ordinarily opposed, on an issue that has traditionally led to high levels of polarization. This consensus is quite puzzling, because it seems to be at odds with the interests and/or the conceptions of justice advocated by these political actors, and because the restitution of land faces enormous difficulties both from a factual and a normative point of view, which indicates that it may not necessarily be the best alternative for dealing with the issue of land distribution in Colombia. This article offers an interpretation of said consensus, arguing that it is only an apparent consensus in which the actors are actually misrepresenting their interests and conceptions of justice, while at the same time adopting divergent strategies of implementation aimed at fulfilling their true interests. Nevertheless, the article concludes that the common adherence by all actors to the principle of restorative justice might bring about its actual realization, and thus produce an outcome that, in spite (and perhaps even because) of being unintended, might substantively contribute to solving the problem of unequal land distribution in Colombia. Even though the article focuses in some detail on the specificities of the 2008 Bill, it attempts to make a general argument about the state of the discussion on how to deal with the issue of land distribution in the country. Consequently, it may still be relevant today, especially considering that a new Bill on land restitution is currently being discussed in Congress, which includes the same restitution goals as the Victims’ Bill and many of its procedural and substantive details, and which therefore seems to reflect a similar consensus to the one analyzed in the article.

Simulating SOC changes in 11 land use change chronosequences from the Brazilian Amazon with RothC and Century models

Land use and land cover changes in the Brazilian Amazon have major implications for regional and global carbon (C) cycling. Cattle pasture represents the largest single use (about 70%) of this once-forested land in most of the region. The main objective of this study was to evaluate the accuracy of the RothC and Century models at estimating soil organic C (SOC) changes under forest-to-pasture conditions in the Brazilian Amazon. We used data from 11 site-specific 'forest to pasture' chronosequences with the Century Ecosystem Model (Century 4.0) and the Rothamsted C Model (RothC 26.3). The models predicted that forest clearance and conversion to well managed pasture would cause an initial decline in soil C stocks (0-20 cm depth), followed in the majority of cases by a slow rise to levels exceeding those under native forest. One exception to this pattern was a chronosequence in Suia-Missu, which is under degraded pasture. In three other chronosequences the recovery of soil C under pasture appeared to be only to about the same level as under the previous forest. Statistical tests were applied to determine levels of agreement between simulated SOC stocks and observed stocks for all the sites within the 11 chronosequences. The models also provided reasonable estimates (coefficient of correlation = 0.8) of the microbial biomass C in the 0-10 cm soil layer for three chronosequences, when compared with available measured data. The Century model adequately predicted the magnitude and the overall trend in delta C-13 for the six chronosequences where measured 813 C data were available. This study gave independent tests of model performance, as no adjustments were made to the models to generate outputs. Our results suggest that modelling techniques can be successfully used for monitoring soil C stocks and changes, allowing both the identification of current patterns in the soil and the projection of future conditions. Results were used and discussed not only to evaluate soil C dynamics but also to indicate soil C sequestration opportunities for the Brazilian Amazon region. Moreover, modelling studies in these 'forest to pasture' systems have important applications, for example, the calculation of CO, emissions from land use change in national greenhouse gas inventories. (0 2007 Elsevier B.V. All rights reserved.

Managing land-use conflict around urban centres: Australian poultry farmer attitudes towards relocation

In analysing the release of agricultural land to urban development, the urban fringe literature has not focused on whether farmers are able to relocate from the urban fringe to remoter rural areas. Through interviews with representatives from the poultry industry in two Australian states, this paper identifies that poultry farm relocation strategies are constrained by off-farm economic relations, the land-use planning system and financial considerations. Closely aligned to these constraints on relocation is the on-going process of poultry farm intensification, which is seen as presenting rising problems for land-use management around expanding metropolitan centres in Australia. Of particular concern is the potential for amenity complaints and associated land-use conflicts, which have not been comprehensively investigated. Recognising that existing environmental and land-use planning controls are ineffective in producing amicable solutions when conflict involving poultry farming is at its most intense, the paper calls for improvements to the regulatory system, including greater consideration for how the process of relocation can be encouraged. (c) 2005 Elsevier Ltd. All rights reserved.

Land degradation and vegetation distribution in Chott El Beida wetland, Algeria

The aim of this study is to explore the environmental factors that determine plant Community distribution in northeast Algeria. This paper provides a quantitative analysis of the vegetation-environment relationships for a study site in the Cholt El Beida wetland, a RAMSAR site in Setif, Algeria. Sixty vegetation plots were sampled and analysed using TWINSPAN and Detrended Correspondence Analysis (DCA) in order to identify the principal vegetation communities and determine the environmental gradients associated with these. 127 species belonging to 41 families and 114 genera were recorded. Six of the recorded species were endemic representing 4.7% of the total species. The richest families were Compositae, Gramineae, Cruciferae and Chenopodiaceae. Therophytes and hemicryptophytes were the most frequent life forms. the Mediterranean floristic element is dominant and is represented by 39 species. The samples were classified into four main community types. The principal DCA axes represent gradients of soil salinity, moisture and anthropogenic pressure. The use of classification in combination with ordination techniques resulted in a good discrimination between plant communities and a greater understanding of controlling environmental factors. The methodology adopted can be employed for improving baseline information on plant community ecology and distribution in often critically endangered Mediterranean wetland areas. (C) 2008 Elsevier Ltd. All rights reserved.

Evaluation of two hybrid metric-conceptual models, for simulating phosphorus transfer from agricultural land in the river enborne, a lowland UK catchment

Across Europe, elevated phosphorus (P) concentrations in lowland rivers have made them particularly susceptible to eutrophication. This is compounded in southern and central UK by increasing pressures on water resources, which may be further enhanced by the potential effects of climate change. The EU Water Framework Directive requires an integrated approach to water resources management at the catchment scale and highlights the need for modelling tools that can distinguish relative contributions from multiple nutrient sources and are consistent with the information content of the available data. Two such models are introduced and evaluated within a stochastic framework using daily flow and total phosphorus concentrations recorded in a clay catchment typical of many areas of the lowland UK. Both models disaggregate empirical annual load estimates, derived from land use data, as a function of surface/near surface runoff, generated using a simple conceptual rainfall-runoff model. Estimates of the daily load from agricultural land, together with those from baseflow and point sources, feed into an in-stream routing algorithm. The first model assumes constant concentrations in runoff via surface/near surface pathways and incorporates an additional P store in the river-bed sediments, depleted above a critical discharge, to explicitly simulate resuspension. The second model, which is simpler, simulates P concentrations as a function of surface/near surface runoff, thus emphasising the influence of non-point source loads during flow peaks and mixing of baseflow and point sources during low flows. The temporal consistency of parameter estimates and thus the suitability of each approach is assessed dynamically following a new approach based on Monte-Carlo analysis. (c) 2004 Elsevier B.V. All rights reserved.

Modelling nitrogen fluxes from the land surface to the coastal zone in European systems: the perspective of the INCA project

This paper describes the results and conclusions of the INCA (Integrated Nitrogen Model for European CAtchments) project and sets the findings in the context of the ELOISE (European Land-Ocean Interaction Studies) programme. The INCA project was concerned with the development of a generic model of the major factors and processes controlling nitrogen dynamics in European river systems, thereby providing a tool (a) to aid the scientific understanding of nitrogen transport and retention in catchments and (b) for river-basin management and policy-making. The findings of the study highlight the heterogeneity of the factors and processes controlling nitrogen dynamics in freshwater systems. Nonetheless, the INCA model was able to simulate the in-stream nitrogen concentrations and fluxes observed at annual and seasonal timescales in Arctic, Continental and Maritime-Temperate regimes. This result suggests that the data requirements and structural complexity of the INCA model are appropriate to simulate nitrogen fluxes across a wide range of European freshwater environments. This is a major requirement for the production of coupled fiver-estuary-coastal shelf models for the management of our aquatic environment. With regard to river-basin management, to achieve an efficient reduction in nutrient fluxes from the land to the estuarine and coastal zone, the model simulations suggest that management options must be adaptable to the prevailing environmental and socio-economic factors in individual catchments: 'Blanket approaches' to environmental policy appear too simple. (c) 2004 Elsevier B.V. All rights reserved.

Implications of Commons Act 2006 for the registration of land as a town or village green

This paper describes the main changes of Commons Act 2006 for the registration of land as a town or village green. The purpose of the Commons Act 2006 is to protect common land and promote sustainable farming, public access to the countryside and the interests of wildlife. The changes under s15 of the Commons Act 2006 include the additional 2-year grace period for application, discounting statutory period of closure, correction of mistakes in registers, disallowing severance of rights, voluntary registration, replacement of land in exchange and some other provisions. The transitional provision contained in s15(4) Commons Act 2006 is particularly a cause for controversy as DEFRA has indicated buildings will have to be taken down where development has gone ahead and a subsequent application to register the land as a green is successful, obliging the developer to return the land to a condition consistent with the exercise by locals of recreational rights, which sums up that it would be harder in future to develop land which has the potential to be registered as a town or village green.

Fragmentation or creative diversity? Options in the provision of land management advisory services

Rural land managers need access to sound advice and information to respond to pressures from environmental regulations, declining farm incomes, changing patterns in international trade and new institutional arrangements within the domestic food chain. Governments have cut back their provision of advisory services but need more than ever to influence land managers' decisions to achieve a growing array of policy objectives: The paper develops a conceptual framework for analysing advisory services and concludes, through a review of sixteen case studies, that the needs of both governments and land managers can be met by a diverse mixture of private and public sector provision. (C) 2003 Elsevier Ltd. All rights reserved.

Management of plant communities on set-aside land and its effects on earthworm communities

Plant communities of set-aside agricultural land in a European project were managed in order to enhance plant succession towards weed-resistant, mid-successional grassland. Here, we ask if the management of a plant community affects the earthworm community. Field experiments were established in four countries, the Netherlands, Sweden, the UK, and the Czech Republic. High (15 plant species) and low diversity (four plant species) seed mixtures were sown as management practice, with natural colonization as control treatment in a randomized block design. The response of the earthworrns to the management was studied after three summers since establishment of the sites. Samples were also taken from plots with continued agricultural practices included in the experimental design and from a site with a late successional plant community representing the target plant community. The numbers and biomass of individuals were higher in the set-aside plots than in the agricultural treatment in two countries out of four. The numbers of individuals at one site (The Netherlands) was higher in the naturally colonized plots than in the sowing treatments, otherwise there were no differences between the treatments. Species diversity was lower in the agricultural plots in one country. The species composition had changed from the initial community of the agricultural field, but was still different from a late successional target community. The worm biomass was positively related to legume biomass in Sweden and to grass biomass in the UK. (C) 2005 Elsevier SAS. All rights reserved.

Land degradation and vegetation distribution in Chott El Beida wetland, Algeria

The aim of this study is to explore the environmental factors that determine plant Community distribution in northeast Algeria. This paper provides a quantitative analysis of the vegetation-environment relationships for a study site in the Cholt El Beida wetland, a RAMSAR site in Setif, Algeria. Sixty vegetation plots were sampled and analysed using TWINSPAN and Detrended Correspondence Analysis (DCA) in order to identify the principal vegetation communities and determine the environmental gradients associated with these. 127 species belonging to 41 families and 114 genera were recorded. Six of the recorded species were endemic representing 4.7% of the total species. The richest families were Compositae, Gramineae, Cruciferae and Chenopodiaceae. Therophytes and hemicryptophytes were the most frequent life forms. the Mediterranean floristic element is dominant and is represented by 39 species. The samples were classified into four main community types. The principal DCA axes represent gradients of soil salinity, moisture and anthropogenic pressure. The use of classification in combination with ordination techniques resulted in a good discrimination between plant communities and a greater understanding of controlling environmental factors. The methodology adopted can be employed for improving baseline information on plant community ecology and distribution in often critically endangered Mediterranean wetland areas. (C) 2008 Elsevier Ltd. All rights reserved.