Magisterarbeit, 2018
83 Seiten
CHAPTER ONE: INTRODUCTION
1.1 General background
1.2 Statement of the problem
1.3 Research questions
1.4 Research objectives
1.4.1 General objective
1.4.2 Specific objective
1.5 Scope and limitation of the paper
1.6 Purpose and significance of the paper
1.7 Description of the study area
1.8 Design of the paper
1.8.1 Methodology
1.8.2 Data source
1.8.3 Felid data collection and sampling methods/techniques
1.8.3.1 Individual face to face interview
1.8.4 Research Analysis techniques
1.8.5 Organization of the thesis
1.8.6 Ethical consideration
CHAPTER TWO: THEORETICAL FRAMEWORK
2.1 Land: meaning, nature, and importance
2.2 Land law, environmental law, and environmental protection
2.3 Enforcement mechanisms of rural land laws for the protection of the environment
2.3.1 Civil remedies
2.3.2 Criminal remedies
2.3.3 Administrative remedies
2.4 Rural Land tenure security and environmental protection
2.4.1 The private-public land discourse and environmental protection
CHAPTER THREE: ENVIRONMENTAL PROTECTION THROUGH RURAL LAND LAWS IN ETHIOPIA
3.1 Environmental problems related to rural land in Ethiopia
3.2 Environmental protection through rural land laws in Ethiopia: the legal framework
3.2.1 The Constitution
3.2.1.1 Ethiopian land policy
3.2.1.2 Rural Land tenure security and environmental protection in Ethiopia
3.2.2 Federal rural land administration and use proclamation
3.3 Environmental protection remedies provided by the federal rural land laws
3.3.1 Criminal remedies
3.3.2 Civil remedies
3.3.3 Administrative remedies
3.5 Environmental protection through rural land laws in Ethiopia: the institutional framework
CHAPTER FOUR: ENVIRONMENTAL PROTECTION THROUGH RURAL LAND LAWS IN SOUTH WOLLO ZONE: THE LAW AND PRACTICE
4.1 The Legal Framework
4.1.1 General backgrounds
4.1.2 Tenure security on the ANRS rural land proclamation and environmental protection
4.1.2.1 Land redistribution
4.1.2.2 Land right registration and certification
4.1.2.3 Communal holdings, tenure security, and environmental protection
4.1.2.4 Land administration and use vis-à-vis environmental protection
4.1.2.5 Land use plan
4.1.2.6 The legal obligation of landholders: a tool for land conservation
4.1.2.7 Expropriation of rural land for environmental protection
4.1.2.8 Rural Landgrab
4.2 Institutional framework
4.3 Environmental protection remedies provided in ANRS rural land laws
4.3.1 Administrative remedies
4.3.2 Criminal remedies
4.3.3 Civil remedies
4.3.4 Incentives
4.4 Enforcement of the ANRS Rural land law in south wollo zone: the practice
CHAPTER FIVE: FINDINGS, CONCLUSION, AND RECOMMENDATION
5.1 Summary Findings
5.1.1 Environmental protection through rural land laws in Ethiopia
5.1.2 Environmental protection through ANRS rural land laws: The case of south wollo zone
5.2 Conclusion
5.3 Recommendation
The primary objective of this study is to evaluate the adequacy of the Amhara National Regional State (ANRS) rural land laws and their institutional frameworks in protecting the rural environment, specifically focusing on the practical enforcement of these laws within the South Wollo Zone.
1.1 General background
Until very recently, environmental problems were not recognized as developmental problems. Today, thanks to researchers in the area, we are able to see the detrimental effects of environmental deterioration on the productive capacity of the land, which, in turn, threatens food production and the livelihoods of both rural and urban populations. Because the poor in developing countries reside primarily in rural areas and are dependent on agriculture, rural poverty and environmental degradation are obviously closely related.
Land underlies and supports much of the life of the planet, providing the physical underpinning of the environment and productive activities and playing a major role in their socio-political constructs. However, the land is being depleted at a rapid rate due to various pressures. Rural Land shortage has caused rural farmers to clear forests and use every piece of land for farming, and absence of alternative energy source has taken a toll on the forest as well since biomass fuel is the primary source of energy. This clearing forests for fuel or farming has devastated the environment and has caused massive erosions that robbed the land of its potential for production. Environmental degradation in rural areas of Ethiopia is reflected in the form of land degradation, loss, and degradation of water resources, deforestation as well as decline and/or loss of biodiversity. The focus of this study, however, will be on an environmental problem relating to rural land degradation. Land degradation involves both soil erosion and loss of soil fertility; hence, measurements of land degradation usually focus on the severity of soil erosion. Ethiopia, with high-intensity rainstorms and extensive steep slopes, is highly susceptible to soil erosion, especially in the high- lands.
CHAPTER ONE: INTRODUCTION: Introduces the background of environmental degradation related to rural land in Ethiopia and outlines the research objectives, questions, and the methodology used for the study.
CHAPTER TWO: THEORETICAL FRAMEWORK: Provides an overview of land-related terminology, the nexus between land law and environmental protection, and various legal mechanisms for enforcing environmental standards.
CHAPTER THREE: ENVIRONMENTAL PROTECTION THROUGH RURAL LAND LAWS IN ETHIOPIA: Discusses the environmental problems in Ethiopia and analyzes the federal legal and institutional framework regarding rural land administration.
CHAPTER FOUR: ENVIRONMENTAL PROTECTION THROUGH RURAL LAND LAWS IN SOUTH WOLLO ZONE: THE LAW AND PRACTICE: Critically evaluates the ANRS legal and institutional frameworks and their practical implementation within the South Wollo Zone.
CHAPTER FIVE: FINDINGS, CONCLUSION, AND RECOMMENDATION: Summarizes the findings regarding legal enforcement gaps and offers concrete recommendations for improving land administration and environmental protection.
Rural Land Law, Environmental Protection, South Wollo Zone, Land Degradation, ANRS, Land Administration, Tenure Security, Legal Enforcement, Soil Conservation, Land Use Plan, Ethiopia, Institutional Framework, Administrative Remedies, Sustainable Development, Natural Resources.
The research examines whether the rural land laws and institutional frameworks of the Amhara National Regional State are sufficient to address environmental degradation, focusing on the gap between law and actual practice in the South Wollo Zone.
The main themes include rural land tenure security, the adequacy of normative legal frameworks, the effectiveness of institutional structures in land administration, and the practical enforcement of civil, criminal, and administrative environmental remedies.
The goal is to assess the competency of rural land laws to protect the rural environment and to identify the specific challenges that hinder the effective implementation of these laws in the South Wollo Zone.
The study employs a qualitative research method, utilizing both primary and secondary data. This includes a review of legislation, official reports, and semi-structured interviews with land administration officials, experts, judges, and prosecutors.
It addresses the theoretical foundation of land-environment regulations, a detailed analysis of the federal and regional legal frameworks in Ethiopia, and a specific case study of the institutional and practical realities within the South Wollo Zone.
The work is defined by terms such as rural land laws, environmental protection, land degradation, tenure security, and institutional frameworks within the Ethiopian context.
The study suggests that tenure insecurity, often exacerbated by the threat of expropriation and the lack of proper land certification, disincentivizes farmers from investing in long-term soil conservation and land improvement practices.
The institutional setup is found to be inadequate, characterized by overlapping mandates between land administration and environmental protection bodies, a lack of resources, and a focus on administrative tasks at the expense of environmental oversight.
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