The people of Myanmar were struck by three major human rights disasters during the country's period of democratization from 2003 to 2012: the 2007 Saffron Revolution, the aftermath of Cyclone Nargis in 2008, and the 2012 Rakhine riots, which would evolve into the ongoing Rohingya crisis. These events saw Myanmar's government categorically labeled as an offender of human rights, and three powerful Southeast Asian member states-Indonesia, Thailand, and Malaysia-responded to the violations in very different ways. In each case, (...) their responses to the crises were explicitly shaped by norm conflict, which may be understood as a tension between international and domestic norms. Their reactions were compelled by a need to address conflicting domestic and international expectations for norm compliance regarding human rights protection and non-interference in internal affairs. In Norms in Conflict: Southeast Asia's Response to Human Rights Violations in Myanmar, Anchalee Rüland makes sense of state action that occurs when a governing body is faced with a circumstance that is at once in line with and contrary to its own governing policies. She defines five different types of response strategies to situations of norm conflict and examines the enabling factors that lead to each strategy. Domestic norms are known to evolve as a country's values change over time yet Rüland argues that the old and new norms may also coexist; knowledge of the underlying political context is crucial for those seeking a solid understanding of state behavior. Norms in Conflict challenges the conventional understanding of the logic of consequences in determining state behavior, advancing constructivist theory and establishing a provocative new conversation in international relations discourse. (shrink)

Varied evidence confirms more strongly than less varied evidence, ceteris paribus. This epistemological Variety of Evidence Thesis enjoys widespread intuitive support. We put forward a novel explication of one notion of varied evidence and the Variety of Evidence Thesis within Bayesian models of scientific inference by appealing to measures of entropy. Our explication of the Variety of Evidence Thesis holds in many of our models which also pronounce on disconfirmatory and discordant evidence. We argue that our models pronounce rightly. Against (...) a backdrop of failures of the Variety of Evidence Thesis, the intuitive case for the Variety of Evidence Thesis emerges strengthened. Our models do however not support the general case for the thesis since our explication of it fails to hold in certain cases. The parameter space of this failure is explored and an explanation for the failure is offered. (shrink)

In recent years, two competing methodological frameworks have developed in the study of the epistemology of philosophy. The traditional camp, led by experimental philosophy and its allies, has made inferences about the epistemology of philosophy based on the reactions, or intuitions, people have to works of philosophy. In contrast, multiple authors have followed the lead of Deutsch and Cappelen by setting aside experimental data in favor of inferences based on careful examination of the text of notable works of philosophy. In (...) other words, the debate is split between authors focusing on philosophy’sconsumptionand those focusing on philosophy’sproduction. This paper examines the motivation for focusing on original texts and other evidence of philosophy’s production and finds it lacking. Drawing upon Hills’ distinction between propagation and transmission, I argue that the social epistemology of philosophy does not justify the recent focus on original texts of philosophy. Because the philosophical knowledge of consumers of philosophy is likelyinspiredby producers of philosophy, as opposed to epistemically grounded in the producers’ epistemic states, experimental philosophy had it right all along—if we want to know the epistemic standing of philosophy, we need to look to philosophy’s consumers. (shrink)

This paper discusses the issue of overriding the right of individual consent to participation in cluster randomised trials (CRTs). We focus on CRTs testing the efficacy of non-pharmaceutical interventions. As an example, we consider school closures during the COVID-19 pandemic. In Norway, a CRT was promoted as necessary for providing the best evidence to inform pandemic management policy. However, the proposal was rejected by the Norwegian Research Ethics Committee since it would violate the requirement for individual informed consent. This sparked (...) debate about whether ethics stand in the way of evidence-based health policy, since the Norwegian Research Ethics law’s strict requirements for individual consent make it practically impossible to carry out CRTs of public health interventions. We argue that, in the case of the school closure trial, the suggested CRT would not have eliminated an epistemic gap and thus would not have justified the violation of consent rights. First, we focus on the methodological challenges to estimating quantifiable effects of school closures in the specific case of an airborne infectious disease. Second, in line with Evidential Pluralism, we highlight the value of alternative lines of evidence for informing school closure policy in a pandemic. In general, we propose that a trial requiring the waiver of participants’ consent rights must be highly likely to eliminate an epistemic gap. We elaborate on the practical aspects of this criterion and discuss the potential advantages of adding it to the Ottawa Statement on the Ethical Design and Conduct of Cluster Randomized Trials. (shrink)

Jeremy Waldron introduced the notion of rights supersession into the philosophical discussion about restitutive justice in cases of historic injustices. He refers to land claims by indigenous peoples as a real-world example and as an application of his theory of rights supersession. He implies that the changes that have taken place in settler states since the first years of colonialism are the kind of changes that lead to a supersession of land rights. The article proposes (...) to unbundle property rights into rights of benefit, control, use, and access and to distinguish between different forms of attachment. This strategy allows for a third option of restitution and supersession, namely partial restitution. Partial restitution grants current land holders those rights that they need to satisfy their attachments and basic distributive justice claims. At the same time, rights that are not needed for either purpose will revert back to indigenous peoples as the original owners. The article argues that the notion of partial restitution allows for far more extensive land rights than a less nuanced application of the supersession thesis. (shrink)

How do aboriginal traditional land rights fare in the face of modern business? “Belatedly, Australia is dealing with a major human rights issue it has attempted to sweep under the rug for 200 years”. The author is completing his MBA at London Business School and is a mining engineer of Australian origin.

How do aboriginal traditional land rights fare in the face of modern business? “Belatedly, Australia is dealing with a major human rights issue it has attempted to sweep under the rug for 200 years”. The author is completing his MBA at London Business School and is a mining engineer of Australian origin.

Political theorists have begun to re-examine claims by indigenous peoples to lands which were expropriated in the course of sixteenth-eighteenth century European expansionism. In Australia, these issues have captured public attention as they emerged in two central High Court cases: Mabo (1992) and Wik (1996), which recognize pre-existing common law rights of native title held by indigenous people prior to European contact and, in some cases, continue to be held to the present day. The theoretical significance of the two (...) Australian cases is examined and the links drawn out between the current debate about Aboriginal land rights in Australia and the wider philosophical debate about indigenous land rights, property rights, and indigenous justice as characterized by Jeremy Waldron and James Tully. Justice towards indigenous groups requires substantial acknowledgement and recognition of the values and institutions of the relevant indigenous group; yet, these values and institutions may not readily fall under the framework of existing state structures. Attempts to redress injustice towards indigenous groups which do not question the justice of existing state institutions will therefore prove to be inadequate responses to indigenous peoples' demands for substantive justice. (shrink)

This paper discusses the significance of gender-based conflicts for thefailure of Gambian irrigated rice projects. In particular, it illustrateshow resource control of a gendered crop, rice, shifts from females to maleswith the development of pump-irrigated rice projects. Irrigation imposes aradically different labor regime on household producers, demanding thatthey intensify labor for year-round cultivation. Yet, the Gambian farmingsystem evolved for a five month agricultural calendar, in which women wereaccorded specific land and labor rights. The need to restructure familylabor, specifically (...) skilled female labor, to meet the cultivation demandsof pump irrigation is crucial for understanding the pattern of gender-basedconflicts in Gambian rice schemes. The case study illustrates thatirrigation involves more than technology transfer. Appropriate irrigationdemands sensitivity to the social structure of household production systems. The paper concludes by emphasizing the centrality of gender issuesfor improving food security in sub-Saharan Africa. (shrink)

Land is a constitutional issue in Ethiopia. Article 40 of the FDRE constitution enshrines governing provisions about rural and urban land. Legislation power is given to the federal government (Article 51(5) of the constitution) although this power can be delegated to regions (Article 50(9) of the same constitution). In contrast, administration power is allocated to regions (Article 52 (2(d)) of the constitution). The federal government has enacted the Rural Land Administration and Use Proclamation 456/2005. Both federal and (...) regional land laws have Alternative Dispute Resolution clauses. However, the opportunities and challenges of these clauses from the access to justice perspective are not studied very well. The main objective of this paper is to assess the legal framework and practice of ADR mechanisms in the rural land administration system from the access to justice perspective and come up with a policy option. Doctrinal type of legal research is applied where it involves theory testing which deals with studying existing laws (both federal and regional laws). In addition, both primary and secondary sources have been used. Primary qualitative data was collected through semi-structured interviews. The study found that there are legal constraints. One significant legal constraint is the requirement for mandatory mediation in certain regional states before seeking recourse in a court of law. Mediation is not clearly and uniformly applied per the law and in practice (often the practice and legal framework confuse mediation with arbitration, inappropriately giving decision-making powers to mediators, and turning them into arbiters). Women and Vulnerable Groups are generally more negatively affected by the overreaching of mediators into decision-making, because the mediators are more easily influenced by the party opposing women and Vulnerable Groups, and/or the mediators are culturally biased. This study recommends that mediation should be made optional, where mediators are chosen by the parties and the legal framework is clear that the role of the mediators does not involve imposing decisions. For Oromia and SNNPR, the legal regime of mediation should be clarified to avoid confusion with the arbitration. It is necessary to train community-level mediators in the law and the protection of land rights of Vulnerable Groups against gender discrimination. (shrink)

The development of factor markets has opened Chinese agriculture for the penetration of capitalism. This new round of rural transformation—China’s agrarian transition— raises the agrarian question in the Chinese context. This study investigates how capitalist forms and relations of production transform agricultural production and the peasantry class in rural China. The authors identify six forms of nonpeasant agricultural production, compare the labor regimes and direct producers’ socioeconomic statuses across these forms, and evaluate the role of China’s land-rights institution (...) in shaping these forms. The empirical investigation presents three main findings: Peasant differentiation : capitalist forms of agricultural production differentiate peasants into a variety of new class positions. Market-based stratification: producers in capitalist agriculture are primarily stratified by their positions in labor and land markets; their socioeconomic statuses are linked with their varying degrees of proletarianization. Institutional mediation: rural China’s dual-track land system plays a crucial role in shaping the diverse and unique forms of capitalist production. (shrink)

In April 2008 over 2,600 single women marched for three days to Shimla, the state capital of the northwestern Indian state of Himachal Pradesh, to demand rights to land, health care and ration cards for single women. The march was organized by a new social movement called Ekal Nari Shakti Sangathan, comprising divorced, abandoned, never-married women, widows and wives fleeing domestic violence who are demanding rights from the state in their own names (rather than as wives, daughters (...) or mothers); in so doing they are directly challenging the construct of the ‘dependent woman’ naturalized in pre-colonial, colonial and post-colonial discourses. The most radical of the demands of this new social movement is the struggle for land rights and the creation of new women-centred family formations. Through an analysis of their collective demands, I argue that the normative, dependent woman is mutually constituted not only at the intersections of gender, kinship and heterosexuality, but also spatially, through denial of rights to land. As single women disown their dependence upon husbands/fathers/brothers and demand land rights, they simultaneously re-imagine gendered selves by envisioning new marital families and re-working the division of labour. (shrink)

The right of Australian Indigenous groups to own traditional lands has been a contentious issue in the recent history of Australia. Indeed, Aborigines and Torres Strait Islanders did not consider themselves as full citizens in the country they had inhabited for millennia until the late 1960s, and then only after a long campaign and a national referendum (1967) in favour of changes to the Australian Constitution to remove restrictions on the services available to Indigenous Australians. The concept of terra nullius, (...) misapplied to Australia, was strong in the popular imagination among the descendants of settlers or recent migrants and was not definitively put to rest until the Mabo decision (1992), which also established a firm precedent for the recognition of native title.This path to equality was fraught and made lengthy by the fact that the worldviews of the Indigenous Australians (i.e. Aborigines and Torres Strait Islanders) and the European (mainly British and Irish) settlers were so different, at least at a superficial level, this being the level at which prejudice is typically manifested. One area where this fact is particularly evident is in the area of the conceptualisation of property and especially the notion of land “ownership” and “use”.In this paper, we will focus on these terms, examining the linguistic evidence of some of the Australian languages spoken traditionally by Indigenous Australians as one means (the only one in many cases) of gaining an insight into their worldview, comparing it with that underlying the English language.We will show that the conceptualisations manifested in the two languages are contrasting but not irreconcilable, and indeed the ability of both groups of speakers (or their descendants in the case of many endangered Australian languages) to reach agreement and come to develop an understanding of the other’s perspective is reason for celebration for all Australians. (shrink)

Large-scale transnational land acquisition of agricultural land in the global south by rich corporations or countries raises challenging normative questions. In this article, the author critically examines and advocates a human rights approach to these questions. Mutually reinforcing, policies, governance and practice promote equitable and secure land tenure that in turn, strengthens other human rights, such as to employment, livelihood and food. Human rights therefore provide standards for evaluating processes and outcomes of transnational (...) class='Hi'>land acquisitions and, thus, for determining whether they are ethically unacceptable land grabs. A variety of recent policy initiatives on the issue have evoked human rights, most centrally through the consultation and negotiation of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests concluded in 2012. However, a case of transnational land appropriation illustrates weak host and investor state enforcement of human rights, leaving the parties to in interaction with local groups in charge of protecting human rights. Generally, we have so far seen limited direct application of human rights by states in their governance of transnational land acquisition. Normative responses to transnational land acquisition—codes of conduct, principles of responsible agricultural investment or voluntary guidelines—do not in themselves secure necessary action and change. Applying human rights approaches one must therefore also analyze the material conditions, power relations and political processes that determine whether and how women and men can secure the human rights accountability of the corporations and governments that promote large-scale, transnational land acquisition in the global south. (shrink)

Meet the Sorbs. They are a Slavic people in Germany who number around sixty thousand. They are not mistreated or oppressed by the German government. They live in two German states, but they are interspersed with other Germans. Do the Sorbs deserve special, group rights to help maintain their culture? The recent arguments of many theorists suggest that they do. Iris Marion Young has recently argued that all marginalized groups should have group rights. Avishai Margalit and Moshe Halbertal (...) maintain that all cultural groups have certain rights. Will Kymlicka suggests that all ‘societal cultures’ have group rights, which might include the Sorbs. (shrink)

This article examines the nature of the wrongs that are inflicted on individuals and groups who have been expelled from the land that they previously occupied, and asks what they might consequently be owed as a matter of corrective justice. I argue that there are three sorts of potential wrongs involved in such expulsions: being deprived of the moral right of occupancy; being denied collective self-determination; and having one's property rights violated. Although analytically distinct, all of these wrongs (...) are likely to be perpetrated when people are expelled from their homelands. Although there is substantial literature on corrective justice dealing with such cases, most of that literature focuses on the expropriation of property only, and is therefore unlikely to grasp the full implications of the wrong done or to reveal the full extent of what might be owed to people as a matter of corrective justice. (shrink)

Land is becoming increasingly scarce relative to the demands of the global economy; a problem significantly exacerbated by climate change. In response, some have suggested that land should be conceptualised as a global commons. This framing might seem like an appealing way to promote sustainable and equitable land use. However, it is a poor fit for the worldʼs land because global commons are generally understood as resources located beyond state borders. I argue that land can (...) be seen to fit the definition of a global commons, if viewed in a particular way; namely, as a biogeochemical resource system that sequesters carbon emissions. The question then arises whether land should be conceptualised as a global commons. I consider this question by reference to three contemporary problems of land justice (land grabbing, forced displacement, and unfairness in land-based climate mitigation); arguing that the global-commons framing will not be conducive to understanding or responding to these problems. I leave the question of how the global community should conceptualise land in the context of climate change open, claiming that any answer must include the voices and perspectives of those whose livelihoods and identities are closely connected to the land. (shrink)

This study addresses the gap between policy and practice on the issue of women’s right to own rural land through a qualitative study conducted in Pakistan’s two largest provinces, Punjab and Sindh. A recent survey finds that only 4% of women own rural land in Pakistan. Given the relatively large agrarian economy, land is a key resource determining women’s agency. To understand the dynamics that maintain this status quo, I use two distinct strands of feminist theory. First (...) is Joan Acker’s organizational theory of gender and class structures, to explore the inequality regimes embedded in rural patriarchy. Second, I adapt Suad Joseph’s conceptualization of patriarchal connectivity to show how in rural Pakistan, valorizing kinship works to exclude women from matters pertaining to land and silencing demands for their inheritances. This framework simultaneously allows for a fine-grained analysis of the politico-economic and social structures of rural society, while building an intimate understanding of familial relations. The findings show how land is discursively defined as a collective good to ensure that landed patriarchs remain entrenched within the political and economic order of the state, limiting possibilities, for women, of acquiring agency through owning and controlling rural land. The study also upends the widespread myth of Islamic misogyny, for it demonstrates the political economy of patriarchal domination over religion in Pakistan. (shrink)

Proponents of large-scale land acquisitions (LaSLA) argue that poor countries could benefit from foreign direct investment in land (World Bank 2011), while opponents argue that LaSLA is nothing more than neo-colonial theft of poor peasants’ livelihoods, i.e., land grabbing (Borras and Franco in Yale Hum Rights Dev L J, 13: 507–523, 2010a). To ensure responsible agricultural investments (RAI), a voluntary “code of conduct” for land acquisitions has been proposed by the World Bank (2011) and the (...) FAO (2012). A critical reaction to the “code of conduct” approach is the proposal for a set of minimum human rights principles, suggested by the UN Special Rapporteur on the Right to Food, De Schutter (2009). Even more critical of the “code of conduct” approach are Borras and Franco in Yale Hum Rights Dev L J, 13(2): 507–523, 2010a, who propose empowering small-scale farmers by giving them land sovereignty so that they are assured control over their land. This paper is a review of the governance and ethics issues connected to LaSLA. It has four main objectives: First, it offers a critical presentation of three major governance approaches to LaSLA: the “liberal code of conduct” (FAO and the World Bank), the ‘critical liberal human rights’ approach (De Schutter) and the ‘Marxist’ approach (Borras and Franco). Second, it discusses the notion of a human right to land, with reference to John Locke’s theory of appropriating land. Third, it discusses the issue of ensuring an inclusive process in LaSLA. Finally, an argument is made for instituting a (global) obligation to refrain from participating in or benefitting from institutional schemes that facilitate negative land grabbing (Pogge in Politics as usual: what lies behind the pro-poor rhetoric? Polity Press, Cambridge 2010). (shrink)

As concerns heighten over links between biomass production and land grabs in the global south, attention is turning to understanding the role of governance of biofuels systems, whereby decision-making and conduct are not solely determined through government regulations but increasingly shaped by non-state actors, including multi-stakeholder initiatives. Launched in 2005, Bonsucro is the principal MSI that focuses on sustainability standards for sugar and sugarcane ethanol production. Bonsucro claims that because it is free from government interference and draws on scientific (...) metrics, their standards transcend localized, political–economic contexts. In this paper, we illustrate how the local context shapes the prospects for Bonsucro sustainably certified biofuel production in relation to land and water grabs. To accomplish this, our case focuses on Colombia, which has used a range of national policy mandates to establish itself as one of the larger producers of agrofuels in Latin America. We draw on interviews with stakeholders in the sugar and ethanol industries, paired with an examination of Bonsucro principles on land rights and water use, to illustrate how the sugar industry is framing their participation in Bonsucro, and the effects of the increasing intensification of sugarcane for ethanol production on land and water access for communities. We find that within the context of Colombia, efforts such as Bonsucro provide a veil of legitimacy and authority to a system that is premised on deeply entrenched historical patterns of inequitable land ownership patterns and access to natural resources. (shrink)

Land registration systems are used throughout the world in order to store information on the ownership of land, rights attached to it, and burdens affecting it. A smoothly functioning land registration system guarantees the security of land transfer operations. However, there are significant differences in the way national land registration systems are run due to their historical development and divergent legislative approaches to land registration. Consequently, the need arises to compare different systems so (...) as to find both common ground and discrepancies between them. The paper contains such a comparative analysis which has been carried out with translation in mind: to discover the best ways of transferring land registration legal concepts expressed in one linguistic framework and characteristic of a given legal culture into target legal spaces using other linguistic frameworks. The comparison in question has taken place in a third space, a space where selected aspects of selected legal systems mingle revealing more or less clear similarities and more or less distinct differences between them. The juxtaposition of source and target legal cultures in a third space has resulted in finding translation equivalents that do not abuse the original ideas or—if this has been unavoidable—abuse them to the smallest extent possible. The analysis has covered the Polish land registration system and equivalent systems in English- and German-speaking countries and has been conducted from the point of view of a Polish-English and Polish-German translator. (shrink)

This important book on Land Education offers critical analysis of the paths forward for education on Indigenous land. This analysis discusses the necessity of centring historical and current contexts of colonization in education on and in relation to land. In addition, contributors explore the intersections of environmentalism and Indigenous rights, in part inspired by the realisation that the specifics of geography and community matter for how environmental education can be engaged. This edited volume suggests how place-based (...) pedagogies can respond to issues of colonialism and Indigenous sovereignty. Through dynamic new empirical and conceptual studies, international contributors examine settler colonialism, Indigenous cosmologies, Indigenous land rights, and language as key aspects of Land Education. The book invites readers to rethink 'pedagogies of place' from various Indigenous, postcolonial, and decolonizing perspectives. This book was originally published as a special issue of _Environmental Education Research. _. (shrink)

The recent phenomenon of land grabbing—that is, the large-scale acquisition of private land rights by foreign investors—is an effect of increasing global demand for farmland, resources, and development opportunities. In 2008–2010 alone, land grabs covered approximately 56 million hectares of land, dispossessing and displacing inhabitants. This article proposes a philosophical framework for evaluating land grabbing as a practice of territorial alienation, whereby the private purchase of land can, under certain conditions, lead to a (...) de facto alienation of territorial sovereignty. If land grabs alienate territorial sovereignty, it follows that inhabitants can claim a violation of the people’s right to “permanent sovereignty over natural resources.” However, because sovereignty is entangled in the historical and contemporary causes of land dispossession, I cast doubt on this strategy. Territorially sovereign regimes often undermine democratic land governance by obstructing participation in activities such as zoning, land use, property regulation, and environmental stewardship. These activities, which I theorize as practices of “world-building,” are key to democracy because they give occupants a say in the shape of their common home. The perplexities of sovereignty in matters of land governance suggest that establishing democratic participation in rule over land requires fracturing sovereignty. (shrink)

Aldo Leopold’s “Land Ethic” centers on the maxim: “A thing is right when it tends to preserve the integrity, stability, and beauty of the biotic community. It is wrong when it tends otherwise.” I contribute to the critical appraisal of this maxim by providing answers to the following questions: (1) what is referred to by the phrase “the integrity, stability, and beauty of the biotic community”? (2) What “things” tend to preserve or threaten the integrity, stability, and beauty ofthe (...) biotic community? (3) Are the integrity, stability, and beauty ofthe biotic community goods such that preserving them is right and failing to do so wrong? (shrink)

This paper argues that land and resource rights are often essential in overcoming colonial inequality and devaluation of indigenous populations and cultures. It thereby criticizes global welfare egalitarians that promote the abolition of national sovereignty over resources in the name of increased equality. The paper discusses two ways in which land and resource rights contribute to decolonization and the eradication of the associated inequality. First, it proposes that land and resource rights have acquired a (...) status-conferring function for colonized peoples so that possession of full personhood and relational equality is partially expressed through the possession of land and resource rights. Second, it suggests that successful internal decolonization depends on access to and control over land and resources, especially for indigenous peoples. (shrink)

In Defense of the Land Ethic: Essays in Environmental Philosophy brings into a single volume J. Baird Callicott’s decade-long effort to articulate, defend, and extend the seminal environmental philosophy of Aldo Leopold. A leading voice in this new field, Callicott sounds the depths of the proverbial iceberg, the tip of which is “The Land Ethic.” “The Land Ethic,” Callicott argues, is traceable to the moral psychology of David Hume and Charles Darwin’s classical account of the origin and (...) evolution of Hume’s moral sentiments. Leopold adds an ecological vision of organic nature to these foundations. How can an evolutionary and ecological environmental ethic bridge the gap between is and ought? How may wholes—species, ecosystems, and the biosphere itself—be the direct objects of moral concern? How may the intrinsic value of nonhuman natural entities and nature as a whole be justified? In addition to confronting and resolving these distinctly philosophical queries, Callicott engages in lively debate with proponents of animal liberation and rights—finally to achieve an integrated theory of animal welfare and environmental ethics. He critically discusses the land ethic that is alleged to have prevailed among traditional American Indian peoples and points toward a new and equally revolutionary environmental aesthetic. (shrink)