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This article analyses efforts by the state of Oaxaca to mark its border from 1856 to 1912. State officials hoped to demarcate a permanent border along the frontier as a way to delineate a peaceful ending to on-going boundary disputes, some of which allegedly dated to pre-Columbian times. The activity of marking Oaxaca's boundary effectively represented a literal process of Mexican state formation. Oaxaca officials attempted to negotiate the state's jurisdictional limits in cooperation with other federations as well as with their own citizens as they located the parameters of the state and the limits of its authority during the era.

Independent documentary films in contemporary China articulate a vision of Chinese politics and society that deviates from official state discourse. This thesis explores how China’s New Documentary Movement (NDM) – a spontaneous, independent phenomenon in Chinese cinema – serves as an important arena to study state and society struggles in the aftermath of the post-Mao reforms. This study first explores the politicalization of Chinese national cinema to demonstrate how the degree of control exerted over filmmaking and the documentary genre functions as a useful indicator of Chinese state-society relations. Focusing on the contentious issue of land disputes and rural rightful resistance in two documentaries – Feng Yan’s "Bing Ai" as well as Zhang Ke and Dong Yu’s "Where is the Way" – it contrasts the lived reality of displaced peasants to the official rhetoric disseminated in the state media. Also discussed is the state’s response to the NDM and its implications for greater societal autonomy in contemporary China.

Independent documentary films in contemporary China articulate a vision of Chinese politics and society that deviates from official state discourse. This thesis explores how China’s New Documentary Movement (NDM) – a spontaneous, independent phenomenon in Chinese cinema – serves as an important arena to study state and society struggles in the aftermath of the post-Mao reforms. This study first explores the politicalization of Chinese national cinema to demonstrate how the degree of control exerted over filmmaking and the documentary genre functions as a useful indicator of Chinese state-society relations. Focusing on the contentious issue of land disputes and rural rightful resistance in two documentaries – Feng Yan’s "Bing Ai" as well as Zhang Ke and Dong Yu’s "Where is the Way" – it contrasts the lived reality of displaced peasants to the official rhetoric disseminated in the state media. Also discussed is the state’s response to the NDM and its implications for greater societal autonomy in contemporary China.

This study explores and critically examines the role of indigenous mechanisms (the Inter-Tribal Reconciliation Conferences-ITRCs) in resolving tribal conflicts in South Darfur State of Western Sudan. The fundamental question raised by this study is: have these reconciliation conferences- 1989-2009- been able to address the root causes of the tribal conflicts and are they capable of serving the same role that they once did? Tribal leadership structures, such as Native Administration (NA) and their mechanisms of conflict resolution/management in Darfur, have been subjected to highly significant changes over time. The question is to what extent these changes further fuelled tribal conflicts and/or have negatively affected the capability of the NA and the ITRCs to deal with these conflicts? This thesis relies on archive records and reports of the ITRCs and data generated through interviews conducted with key informants. Through a detailed analysis the study: 1) presents a detailed account of the major conflicts and their causes in South Darfur; 2) identifies the changing identities of the protagonists and of the perceived causes; 3) assesses the effectiveness of the agreements reached by these conferences when considered alongside the causes identified. Analysis of the ITRCs shows that tribal conflicts in Darfur (from1980s), and South Darfur in particular, were connected to the wider political conflict in the Sudan and the region respectively. The analysis suggests that the history of neglect/marginalisation of the region by successive governments, and the political manipulation of the NA and local government, have negatively affected the performance of these institutions. The experience of the ITRCs indicates that they were unable to address the underlying causes of the tribal conflicts, such as land disputes, the manipulation of the NA and local government, rape and mass killings.

This study explores and critically examines the role of indigenous mechanisms (the Inter-Tribal Reconciliation Conferences-ITRCs) in resolving tribal conflicts in South Darfur State of Western Sudan. The fundamental question raised by this study is: have these reconciliation conferences- 1989-2009- been able to address the root causes of the tribal conflicts and are they capable of serving the same role that they once did? Tribal leadership structures, such as Native Administration (NA) and their mechanisms of conflict resolution/management in Darfur, have been subjected to highly significant changes over time. The question is to what extent these changes further fuelled tribal conflicts and/or have negatively affected the capability of the NA and the ITRCs to deal with these conflicts? This thesis relies on archive records and reports of the ITRCs and data generated through interviews conducted with key informants. Through a detailed analysis the study: 1) presents a detailed account of the major conflicts and their causes in South Darfur; 2) identifies the changing identities of the protagonists and of the perceived causes; 3) assesses the effectiveness of the agreements reached by these conferences when considered alongside the causes identified. Analysis of the ITRCs shows that tribal conflicts in Darfur (from1980s), and South Darfur in particular, were connected to the wider political conflict in the Sudan and the region respectively. The analysis suggests that the history of neglect/marginalisation of the region by successive governments, and the political manipulation of the NA and local government, have negatively affected the performance of these institutions. The experience of the ITRCs indicates that they were unable to address the underlying causes of the tribal conflicts, such as land disputes, the manipulation of the NA and local government, rape and mass killings.

Balikumbat and Bafanji are the names of two villages in the Northwest Region of Cameroon that have been warring against one another over Bangang, a tract of fertile land. The conflict hinges on perceived differences about who should have access to this fertile land. Both villages claim ownership. This conflict has persisted from colonial times to the present with no tangible resolution. Understanding the place of land within the political, social, and economic fabric of the lives of both villages prior to and after the arrival of the colonial administration is the centerpiece of this research endeavor. This study sheds light on why the conflict persists. The land tenure decree of 1973, which was later promulgated into Cameroon law in 1984, is the most recent attempt at resolving disputes over land. It did not resolve this conflict. A clash of cultures between the indigenous population and the European colonizers may have triggered a legacy of land conflict between these two communities. This study unravels and seeks to explain when the Balikumbat and Bafanji villages transitioned from being two loving neighbors, capable of sharing their use of and kinship to the land, to hostile enemies ready to fight and kill one another at the earliest opportunity. In this study, interviews, observations, journal intakes, field notes, as well as document reviews, are pivotal tools used in justifying the claims highlighted in the research.

Customary land ownership, recording and registration are complex issues in the Solomon Islands. At present, 87% of the land is held under customary laws. Almost all (some 99%) of the land held under customary law is not surveyed, recorded or registered to the tribes. Customary land disputes have been inhibiting rural development initiatives, which is partly responsible for the ill-being of the people. The Family Tree Approach (FTA) is a process being used within the To'abaita region of the Malaita Province to help address problems in the dilemmas of land ownership, land disputes, land recording, land registration and rural development in land held under customary laws in To’abaita. The FTA is a blend of indigenous epistemology, modern practices and Christian principles. Indigenously, the tribes identify with their land by tracing their origins through genealogies, historical narrations, tribal epics and chants, shrines and properties. Rev. Michael Maelia’u, a Church Minister and a former Parliamentarian, promotes the FTA. The FTA has four pillars (principles) – recognition, reconciliation, recording and registration – which are covered within five sequential phases. For instance, recognition is done in phase one of the process, enabling all members of a tribe to recognize each other. Reconciliation is part of the process, promoting forgiveness and acceptance of tribal members. Recording is an important pillar of the FTA, as its role is to produce documents that will be accepted by the law. Research results show that land registration is also a pillar of the FTA; once customary land is registered to the tribes, land disputes will be resolved, thereby enabling sustainable rural development that improves the people’s well-being. The FTA, however, is currently not formally recognized in the country. It has been used by 12 of approximately 20 tribes within the To'abaita region. Some of the To'abaita tribes have not adopted the FTA for various reasons. The FTA has enabled the disintegrated generations to recognize or identify with one another. It enables public recognition of existing tribes, tribal genealogies, tribal tales, tribal epics, the tribal iii shrines, and the tribal land. Reconciliation has been carried out at both intertribal and intra-tribal levels. The FTA enables identification of people who are residing on land and utilizing resources they do not have a right to. It makes people aware of their roots or the land of their origin, which would then lead to reduced land disputes that constrained development initiatives and the well-being of the people. The results, however, indicated that the FTA has problems either in the approach itself or in its management. It is incapable of achieving its objectives (reducing land disputes, enable rural development, enable tribal land registration, and resettling land that was wrongly acquired). People have split perception of the FTA and the legislation; this therefore reduces potential motivation that is needed to advance the approach. Results of the research also indicated that no proper and serious documentation has been done, despite knowing that it is one of the pillars. In To'abaita, gender and culture are contributing issues, which cause difficulties to the FTA. Also, the FTA lacked financial support. Those that have experience with the FTA believe that the FTA objectives need to be made known to promote motivation to the illiterate people of To'abaita. Adequate communication of issues to improve the FTA is essential. Forming a committee that oversees the design and management of the FTA is necessary for its improvement, and adequate financial support will bring the FTA forward. Chief empowerment by the legislation is essential to enable the FTA to achieve its objectives in the future.

Southern Africa is experiencing land conflicts themselves in very different ways between state and stakeholders, within and between communities, within families, and specially within singular persons. The conflict of interests in the right to land in southern Africa with particular reference to Mozambique becoming a major issue and evidence conflicts at various levels of society and some of them are quite destructive. The present thesis seeks to address some juridical aspects on access, tenure and land use rights. Land problems have clear roots in the dispossession of Africans under colonialism and apartheid, and the powerful legacy this has left both in terms of outright suffering and also in the historical memory. Land issues are probably the most contentious topic in Mozambique since the independence in 1975. In Southern Africa and Mozambique in particular, one of the most profound causes of such struggles has related to the tenure, the ownership and control of land. In fact the right to land is the major issue in many societies and in Mozambique the unlimited interest in land are quite similar, due the fact that majority of people are peasant or agriculturists. Land is therefore a very strategic socio-economic asset, particularly in poor societies like Mozambique where wealth and survival are measured by control of and access to land. However, land is also a state symbol and source of political influence and power. The Law in Mozambique retains the principle that land is the property of the state and cannot be sold or mortgaged, but it attempts to adjust this legacy from the socialist past to the reality of a market economy. Despite existing land law the government still not enable to control the access and right of use of land. The situation is compounded by a weak or non functioning judiciary system. / Os problemas sobre o direito de acesso, posse, propriedade, uso e aproveitamento da Terra, constituem matéria de debate actual a nível internacional, com realce para a região da Africa Austral e Moçambique em especial. É uma matéria que preocupa os governos e a população em geral, por a terra ser um bem de grande utilidade sócio-económica e política. Moçambique possui um regime jurídico sobre terra (lei nº-19/97 de 1 de Outubro, seu Regulamento e Anexo Técnico), no entanto, ela é lacunosa e carece de reforma afim de se adaptar à realidade dos problemas que se levantam no âmbito da posse, uso e aproveitamento e dos conflitos emergentes. Alguns factores do surgimento de conflitos no âmbito do processo da posse, uso e aproveitamento da terra resultam no entanto, da perda de confiança dos particulares em relação aos órgãos do aparelho do Estado que lidam com matérias sobre terras, devido a burocracia e a corrupção praticada por alguns funcionários. A terra em Moçambique é propriedade do Estado, o que implica uma maior responsabilidade por parte do governo, na sua gestão. O actual regime jurídico sobre a terra, carece de concertação de alguns aspectos fundamentais do ponto de vista legal. Trata-se da harmonização da legislação pertinente sobre terras. As leis promulgadas sobre a matéria embora defendem a necessidade de gestão da terra que beneficie os seus utilizadores, tal vontade, entretanto, não têm produzido efeitos satisfatórios. É, pois, neste contexto, que a presente tese cujo título é Alguns Aspectos do Regime Jurídico da posse e do Direito de uso e aproveitamento da terra e os conflitos emergentes em Mçambique, pretende contribuir na contínua abordagem sobre a problemática da posse da terra e dos conflitos emergentes. Bem gerida, a terra pode constituir um importante factor de paz, estabilidade sócio-política e de desenvolvimento económico. / Public Constitutional and International Law / Thesis (LL.D. )

Southern Africa is experiencing land conflicts themselves in very different ways between state and stakeholders, within and between communities, within families, and specially within singular persons. The conflict of interests in the right to land in southern Africa with particular reference to Mozambique becoming a major issue and evidence conflicts at various levels of society and some of them are quite destructive. The present thesis seeks to address some juridical aspects on access, tenure and land use rights. Land problems have clear roots in the dispossession of Africans under colonialism and apartheid, and the powerful legacy this has left both in terms of outright suffering and also in the historical memory. Land issues are probably the most contentious topic in Mozambique since the independence in 1975. In Southern Africa and Mozambique in particular, one of the most profound causes of such struggles has related to the tenure, the ownership and control of land. In fact the right to land is the major issue in many societies and in Mozambique the unlimited interest in land are quite similar, due the fact that majority of people are peasant or agriculturists. Land is therefore a very strategic socio-economic asset, particularly in poor societies like Mozambique where wealth and survival are measured by control of and access to land. However, land is also a state symbol and source of political influence and power. The Law in Mozambique retains the principle that land is the property of the state and cannot be sold or mortgaged, but it attempts to adjust this legacy from the socialist past to the reality of a market economy. Despite existing land law the government still not enable to control the access and right of use of land. The situation is compounded by a weak or non functioning judiciary system. / Os problemas sobre o direito de acesso, posse, propriedade, uso e aproveitamento da Terra, constituem matéria de debate actual a nível internacional, com realce para a região da Africa Austral e Moçambique em especial. É uma matéria que preocupa os governos e a população em geral, por a terra ser um bem de grande utilidade sócio-económica e política. Moçambique possui um regime jurídico sobre terra (lei nº-19/97 de 1 de Outubro, seu Regulamento e Anexo Técnico), no entanto, ela é lacunosa e carece de reforma afim de se adaptar à realidade dos problemas que se levantam no âmbito da posse, uso e aproveitamento e dos conflitos emergentes. Alguns factores do surgimento de conflitos no âmbito do processo da posse, uso e aproveitamento da terra resultam no entanto, da perda de confiança dos particulares em relação aos órgãos do aparelho do Estado que lidam com matérias sobre terras, devido a burocracia e a corrupção praticada por alguns funcionários. A terra em Moçambique é propriedade do Estado, o que implica uma maior responsabilidade por parte do governo, na sua gestão. O actual regime jurídico sobre a terra, carece de concertação de alguns aspectos fundamentais do ponto de vista legal. Trata-se da harmonização da legislação pertinente sobre terras. As leis promulgadas sobre a matéria embora defendem a necessidade de gestão da terra que beneficie os seus utilizadores, tal vontade, entretanto, não têm produzido efeitos satisfatórios. É, pois, neste contexto, que a presente tese cujo título é Alguns Aspectos do Regime Jurídico da posse e do Direito de uso e aproveitamento da terra e os conflitos emergentes em Mçambique, pretende contribuir na contínua abordagem sobre a problemática da posse da terra e dos conflitos emergentes. Bem gerida, a terra pode constituir um importante factor de paz, estabilidade sócio-política e de desenvolvimento económico. / Public Constitutional and International Law / Thesis (LL.D. )