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Land Acquisition and Forced Displacement: An Analysis from an International Human Rights Law Perspective

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Type: Conference Paper
Author: David, Randford; Rodriguez-Delgado, Anna Maria; Wurth, Terese
Conference: Regional Symposium on International Environmental Law, Human Rights and Migrations
Location: San Francisco
Conf. Date: May
Date: 2015
URI: https://hdl.handle.net/10535/10009
Sector: Land Tenure & Use
Region:
Subject(s): law
Abstract: "The aim of this paper is to present the issue of forced land acquisition (so-called land grabbing) from the point of view of international environmental law, international human rights law and international law. Land grabing is currently one of the central issues of development studies. According to the specialists, land grabbing is usially devined as a contentious issue of large-scale land acquisitions: the buying or leasing of large pieces of land in developing states, by domestic and transnational corporations , governments, and individuals. While used broadly throughout history, land grabbing as used in the 21st century primarily refers to large-scale land acquisitions following the 2007-2008 world food crisis. The key goal of this article is to present the issue of land acquisitions in selcted developing states and associated domestic and international law controversies. The issue of land grabbing is still not coered by any international convention, however remains an area of extended discussions. Land grabbing is an issue widely discussed in contemporary scientific literature (applied economics, development studies, social and applied anthropology, humanitarian affairs). However the analysis of land grabbing from the point of view of international human rights law and international cooperation in general. We will also discuss the practical issues associated with the growing magnitude of land grabbing worldwide. According to the common research project concerning land grabbing issued by FAO, IIED, and IFAD, found that the majority of host countries lacked basic data on the size, nature, and location of land acquisitions through land registries or other public sources, and that 'researchers needed to make multiple contacts…to access even superficial and incomplete information.' The World Bank’s own lack of land size information on over half of the reported land grabs that it researched points to the difficulties inherent in gaining access to and researching individual land acquisitions. The first part of our paper draws attention to the current magnitude of land grabbing, its forms, causes, consequences and socio-legal context. Causes of forced land acquisition are an issue frequently discussed in literature, including highly erudite and intellectual book published by Bogumil Terminski in 2015. Next part of this paper is focused on international human right law aspects of land grabbing. In the third part we discussed sustainable development approach to the issue of land grabbing. In the next parts of presented paper we discussed forced land acquisitions as an area of interests of applied economics, development studies approach to the issue of deelopment-induced displacement, forced land acquisition and land grabbing as well as mechanisms of international cooperation and solutions against forced land acquisition in developing countries. The article is suplemented by comparatie analysis of the issue of land grabbing in selected countries."

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