Land Regulations

Using objective measures of investor protections in 170 countries, I establish that the level of investor protection matters for cross-country differences in GDP growth: countries with stronger protections tend to grow faster than those with poor investor protections.

"In most developing countries, land is not only a notable means of generating a livelihood but often the key instrument for investing, accumulating, and transferring wealth between generations. Thus, the institutional and legal framework in which access to land is regulated, property rights are defined, and ownership conflicts are resolved, have broad implications in the country’s pursuit for growth and poverty reduction.

Typically, an efficient land market allows the optimal use of land, and well-defined property rights will help overcome credit market imperfections. However, the Philippine land market has not been efficiently functioning (e.g. problems on fake titles and boundary disputes among others).

At present, the Philippine land administration system is handled by multiple agencies and governed by multiple laws resulting to different standards for land valuation, overlapping land titling processes and so many opportunities for graft and corruption. Inefficiencies in the system is due to outdated land legislation and administrative processes which further lead to high cost of doing business involving real estate properties.
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Considering the current situation arising from a neoliberal market policy, renewed by the strengthening of ultraliberal principles and austerity measures, already established and under way, this article presents a reflection on the direct repercussion of this scenario in the processes of normative constructions. In this sense, it explores the hypothesis that this scenario of setbacks, in reality, results in normative deconstructions, which has reduced, especially, the protection of the vulnerable and of fundamental social rights, as is the case of Federal Law 13.465/ 2017, which deals with regularization in Brazil.

Um estudo sobre a posse dos remanescentes de quilombo e seringueiros, denominada de posse agroecológica, no qual se demonstra que a demarcação dos quilombos e a criação das reservas extrativistas estão contribuindo para a preservação da floresta na Amazônia Brasileira. O trabalho também explica que o reconhecimento do apossamento das populações tradicionais faz parte da reivindicação destes grupos sociais, os quais solicitam uma regularização fundiária que leve em consideração sua realidade. Mais do que uma redefinição de direito de posse, significa a ampliação do atual conceito, o qual dará maior segurança a esses segmentos de camponeses e consequentemente a preservação do meio ambiente.

It seems externally that Korean Democracy has been developed by
the achievement of a peaceful turnover of political power in 1997 and
Political Democratisation in 1987. However political parties eroded their
political representativeness and policy accountability because of an
imperial presidency and totalitarian party's boss which derived from the
political culture of centralized authoritarian, there has been deepening
political indifference shown by the public in consequently. What
attorney general resigned in recent is interpreted as revival of an
authoritative political culture that brings out a conflict between politics
and law.
I mentioned those related with constitutional and legal institutional
remedies in order to cancel the centralized political culture which falls
under the cause of crisis in Korean democracy.
1. The evils of imperial presidency and a representative should be
reformed as follow.
First, presidential term should be served consecutive terms by the
amendment of article 70 and article 128 and additional clause of
constitutional law.
Second, the immunity from arrest of congressperson in the article 44
of constitutional law is better than a privilege of president's criminal
prosecution in article 84 of constitutional law on the terms of legal
protection area, and so must amend the article 44 of constitutional law
as follow that “During the sessions of the National Assembly, no
member of the National Assembly shall be arrested or detained without
the consent of the National Assembly except for both insurrection or
treason and in case of flagrante delicto.”
2. The regionalization should restructure the local government system
of dual principle of hierarchy on the basis of both autonomy and
accountability of local citizens with discarded central politics.
First, ‘the local decentraliztion act' of the power decentralization
should come into force quasi-constitutional effect between constitutional
law and statute.
Second, parties' governance should lead to upsweep not central party
but local party and so reinforce the
responsible politics of local party.
Third, the local administrative politics make scale up both a
democratic representative and autonomous political participation, and
the administrative system of both province and county should be abolished by the criteria of delegation authority and distribution.