Land,Law and Courts in India: Tracing Land Rights Debates through Processes of Judicial Decision Making

The pace of industrial and allied infrastructure development in India is encumbered by scarcity in the supply of land. As a result, the state in India has frequently resorted to expropriation of land through conversion of land away from its traditional uses and through displacement of communities. Consequently, land acquisition in the country is mired in disputes over human rights and environmental rights violations. In the face of continued political support for infrastructure‐led development in India, those who stand to lose their land have often resorted to judicial recourse for pressing their rights. This article draws on empirical evidence from court cases related to two urban development projects in the states of Karnataka and Kerala to examine how courts have responded to the question of violation of land rights and appeals against land acquisition for the two projects. The author argues that the courts, while responding to the claims against the two projects, have refrained from holding the implementing agencies or the state governments accountable even in cases where there were recognizable incidents of malfeasance. The article illustrates that the inability of the courts to confront the state lends a tacit assent to the development agenda of the state.     

Land Reform and Farm Restructuring in the Kyrgyz Republic

Two land tenure specialists chronicle initiatives in land reform and farm restructuring in the Kyrgyz Republic from 1991 to the present. A brief review of the legal basis for reforms to date is outlined and compared against progress in land reform and farm restructuring on the ground. Specific attention is devoted to regional variation in progress in farm restructuring, the impact of the reforms on farm size, farm labor requirements, and rural-to-urban migration. 1 figure, 9 tables, 10 references.     

Law and Disorder: Local Implementation of Mongolia's Land Law

With the dismantling of herding collectives in Mongolia in 1992, formal regulatory institutions for allocating pasture vanished, and weakened customary institutions were unable effectively to fill the void. Increasing poverty and wealth differentiation in the herding sector, a wave of urban–rural migration, and the lack of formal or strong informal regulation led to a downward spiral of unsustainable grazing practices. In 1994, Mongolia's parliament passed the Land Law, which authorized land possession contracts (leases) over pastoral resources such as campsites and pastures. Implementation of leasing provisions began in 1998. This article examines the implications of the Law's implementation at the local level, based on interviews with herders and officials in all levels of government, and a resurvey of herding households. Amongst many findings, the research shows that poorer herders were largely overlooked in the allocation of campsite leases; that the poor had become more mobile and the wealthy more sedentary; that there had been a sharp decline in trespassing following lease implementation, but that many herders and officials expected pasture leasing to lead to increased conflict over pastures. The Land Law provides broad regulatory latitude and flexibility to local authorities, but the Law's lack of clarity and poor understanding of its provisions by herders and local officials limit its utility. The existing legal framework and local attitudes stand in clear opposition to the implied goal of land registration and titling — an all‐embracing land market and the supremacy of private property rights.     

Corporatism as Ethnic Compromise: Labour Relations in Post-Apartheid South Africa

Abstract. Conventional wisdom associates corporatism with undemocratic elite collusion, or worse, with the fascist order of Mussolini, Franco or Perq?n. However, another form of corporatism involves institutionalised bargaining between representatives of organised interest groups. This democratic corporatism engages in trade-offs between labour unions, business and state bureaucrats. Where these groups largely coincide with different ethnic constituencies, as in South Africa, the outcome of their bargaining also amounts to an ethnic compromise. This analysis explores the scope, potential and limitations of corporatist labour relations in the new South Africa. Embraced by the African National Congress (ANC) government, legalised codetermination none the less encounters strong reservation from both socialist union leaders as well as the white business establishment. Alienated workers feel shortchanged by elite deals which are also resented by fragmented business sectors. How far state representatives can mediate between different ethno-racial/class interests and realise the promise of less adversarial relations for mutually beneficial growth and stability is being probed with an analysis of the National Economic Development and Labour Council (Nedlac). Liberal South African analysts fear a one-party dominant state, because of likely future ANC hegemony and ethnic voting habits. This legitimate anxiety, however, needs to be balanced by the important checks placed on the ANC by corporatism. Even a poorly implemented corporatism of consensus seeking, it is argued, proves better than an ethno-racial adversarialism of an alternative to the non-racial ANC.     

Restructuring British Public Sector Industrial Relations: State Policies and Trade Union Responses

This article examines how Conservative governments restructured public sector in day trial relations in Britain between 1979 and 1997, and identifies the main components of trade union strategic response to change. It argues that Conservative policy is important for its impact upon trade union strategy and practice, and that public sector unions constitute the leading edge of trade union strategic modernization in Britain.     

The Making of a Regulatory Crisis: Restructuring New York City's Water Supply

Much practically orientated environmental research is marked by a polarity between functionalist abstraction and ahistorical normative discourse. This paper seeks to bridge the divide between theoretical and empirical research through a case study of New York City's water supply. Current processes of socio-economic restructuring are leading to negative environmental consequences obscured by a failure to extend analysis beyond limited temporal, spatial or sectoral scales. Insights from regulationist theory show that a combination of fiscal, political and other developments are bringing about a wide-ranging reformulation of existing patterns of environmental regulation and service provision in the city. The power of the state is being radically diminished in relation to the power of capital and a plethora of different interest groups. A relatively simple centralized model of environmental regulation is being transformed into a complex decentralized pattern involving the emergence of new approaches to urban governance. Further research is needed on the contradictions between capitalist accumulation and environmental regulation at different spatial scales in order to link New York's changing role within the global economy to the declining political legitimacy and fiscal capability of the state to play an extensive role in environmental management.     

Economic Restructuring,Coping Strategies and Social Change: Implications for Institutional Development in Africa

Since the early 1980s, most African countries have experienced unsatisfactory rates of economic growth and profound changes in livelihood systems, which have affected the way their modern institutions function. However, when confronted with evidence of poor economic performance in countries undergoing adjustment, the international financial institutions often blame governments for their lack of political will in regulating the activities of bureaucrats and vested interests. They recommend policies aimed at restructuring public sector institutions through privatization, public expenditure cuts, retrenchment, new structures of incentives and decentralization. Despite efforts to implement these measures in a number of countries, the problems of low institutional capacity remain. Two key contradictions appear to explain why institutions have been largely ineffective in crisis economies in Africa: the growing contradiction between the interests of bureaucratic actors and the goals they are supposed to uphold; and the contradiction between the institutional set-up itself and what goes on in the wider society. To understand how these contradictions work, it is necessary to look more closely at the set of values and relationships that anchor institutions on social systems. The issues here are social compromise and cohesion; institutional socialization and loyalties; overarching sets of values; and political authority to enforce rules and regulations. The crises in these four areas of social relations, which are linked to the ways households and groups have coped with recession and restructuring, have altered Africa's state institutions so that it has become difficult to carry out meaningful development programmes and public sector reforms without addressing the social relations themselves.     

Capital,Labour and State Relations in the Analysis of Enterprises and Restructuring: An Australasian Debate

The paper arises out of the debate of a group of Australian and New Zealand geographers who attended a workshop in ‘Enterprises and Restructuring’ held in Canberra in September 1988. The paper outlines a framework for a political economy analysis of processes at the heart of economic restructuring and examines the units of analysis, concepts and approaches used by geographers bringing different philosophic positions to the investigation of economic restructuring. It explores how the three threads of production, accumulation and social relations are intertwined in the study of enterprise and restructuring and how an understanding of these dimensions provides a basis for reinterpreting the utility of many analytical categories. The discussion of the meaning, relevance and content of terms such as enterprise, industry, capital and the state confirms the validity and value of concepts derived from different theoretical positions and goes some way towards demonstrating that researchers from opposing positions can meaningfully communicate and cooperate.     

Dimensions of Global Economic Restructuring and the Idea of Decentralisating Labour Relations in Australia

Though always more exposed than many other countries to the vicissitudes of international competition, Australia seems to have become increasingly vulnerable to the pressures accompanying global restructuring. This much is evident in the pattern of foreign debt, the balance of payments and trade, and fluctuations in our exchange rate. Media paranoia over the day-to-day pegormance of macro-indicators obscures, however, the pressures global restructuring has brought against the integrity and efficacy of our major institutions Not only have there been serious questions raised about the usefulness of the centralised arbitration system in the context of global restructuring, the Australian labour movement itself faces an uncertain future. Notwithstanding the claimed virtues of an enterprise-based labour relations system, there are good reasons to suppose that a decentralised system would have its own problems in accommodating rapid economic change. In this respect, the search for an American-style decentralised institutional regime may be ill-advised; more useful may be an enhanced capacity to adjust within the current framework of Australian labour relations.     

正确处理好续志工作中的几个辩证关系

章主要谈了续志要处理好五个辩证关系：志书的主体与客体;志书的述性与资料性;志书的整体和局部;“昨天”和“今天”;现象与本质。