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Environmental law in a developing country, BotswanaFink, Susan E. 11 1900 (has links)
This paper outlines the current state of environmental legislation and administration in Botswana,
identifying the various problems with that system. Those problems include fragmented and
overlapping administration and out-dated legislation that is not in keeping with modem, holistic
approaches to environmental management, ineffective and unreliable enforcement, compounded
by rampant non-compliance. The paper then considers some the developments that are being
made to improve this situation, including: the conversion of the environmental agency into a
department and the introduction of an over-reaching environmental Act, preparation of a wetlands
conservation strategy, the introduction of environmental impact assessment legislation. The
paper concludes by querying the effectiveness of those developments when unsustainable
attitudes continue to predominate in the country / Law / LL.M.
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Heirs' property disputes on forestlands, partition actions, and the determinants of court verdictsTiwari, Mahesh Prasad 08 December 2023 (has links) (PDF)
Heirs' property is generated through the intergenerational transfer of a property to several co-owners when the original owner dies without a will. Such co-owners hold undivided fractional interest in the entire land but lack a clear title. Co-owners face several legal, financial, and technical constraints to manage the forestlands and often seek partition of the land. However, the legal environment and empirical assessment of partition actions on forestlands owned as heirs' property has not been examined. This thesis evaluates statutory laws relevant to forestland partition and the factors instrumental in adjudicating partition lawsuits. The findings reveal that partition lawsuits are primarily adjudicated using common law rather than statutory law. The magnitude of co-owners' fractional interest, the income withheld from forestlands, and the presence of absentee co-owners favor partition claimants. The study results have implications for heirs' property owners, legal entities and personnel, and policymakers.
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