Why wait for the state? Using the CFS Tenure Guidelines to recalibrate political-legal struggles for democratic land control

Abstract

In 2012, with the adoption of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (or TGs), the UN Committee on World Food Security (CFS) established a new international standard on natural resource governance. After adoption, the challenge is for these guidelines to be implemented and used. However, no law is self-interpreting or self-implementing, and so how states will interpret and implement these new guidelines cannot be taken for granted. This is especially true in the current global context of land grabbing driven, in many cases, by alliances of state and capital. Consequently, subaltern people, for whom rights in relation to the natural resources on which they depend remain out of reach, face the challenge and potential opportunity of making use of the TGs to recalibrate the political-legal terrain in favour of human rights and democratic control of land and other natural resources.     

Assumptions in the European Union biofuels policy: frictions with experiences in Germany, Brazil and Mozambique

The biofuel project is an agro-industrial development and politically contested policy process where governments increasingly become global actors. European Union (EU) biofuels policy rests upon arguments about societal benefits of three main kinds - namely, environmental protection (especially greenhouse gas savings), energy security and rural development, especially in the global South. Each argument involves optimistic assumptions about what the putative benefits mean and how they can be fulfilled. After examining those assumptions, we compare them with experiences in three countries - Germany, Brazil and Mozambique - which have various links to each other and to the EU through biofuels. In those case studies, there are fundamental contradictions between EU policy assumptions and practices in the real world, involving frictional encounters among biofuel promoters as well as with people adversely affected. Such contradictions may intensify with the future rise of biofuels and so warrant systematic attention.     

The rise of flex crops and commodities: implications for research

As a concept and phenomenon, ‘flex crops and commodities’ feature ‘multiple-ness’ and ‘flexible-ness’ as two distinct but intertwined dimensions. These key crops and commodities are shaped by the changing global context that is itself remoulded by the convergence of multiple crises and various responses. The greater multiple-ness of crops and commodity uses has altered the patterns of their production, circulation and consumption, as novel dimensions of their political economy. These new patterns change the power relations between landholders, agricultural labourers, crop exporters, processors and traders; in particular, they intensify market competition among producers and incentivize changes in land-tenure arrangements. Crop and commodity flexing have three main types – namely, real flexing, anticipated/speculative flexing and imagined flexing; these have many intersections and interactions. Their political-economic dynamics involve numerous factors that variously incentivize, facilitate or hinder the ‘multiple-ness' and/or ‘flexible-ness' of particular crops and commodities. These dynamics include ‘flex narratives' by corporate and state institutions to justify promotion of a flex agenda through support policies. In particular, a bioeconomy narrative envisages a future ‘value web’ developing more flexible value chains through more interdependent, interchangeable products and uses. A future research agenda should investigate questions about material bases, real-life changes, flex narratives and political mobilization.     

Delay of clinical manifestation and medical malpractice in a serious vascular complication of proximal locked tibial nailing

We are reporting on a case of complex lesion of the popliteal neurovascular bundle in a young woman, resulting from an operation for reduction and synthesis of a closed spiroid fracture of the mid-distal third of the left tibia by means of a Grosse-Kempf nail, with significant delay of clinical manifestation. Determining whether this is an "unavoidable complication" or "medical malpractice" is the target of the forensic investigation. In this case, the investigation leads to the conclusion that medical malpractice was the only explanation of the damage.     

Minor or adult? Introducing decision analysis in forensic age estimation

Nowadays, forensic age estimation takes an important role in worldwide forensic and medico-legal institutes that are solicited by judicial or administrative authorities for providing an expert report on the age of individuals. The authorities’ ultimate issue of interest is often the probability that the person is younger or older than a given age threshold, which is usually the age of majority. Such information is fundamental for deciding whether a person being judged falls under the legal category of an adult. This is a decision that may have important consequences for the individual, depending on the legal framework in which the decision is made. The aim of this paper is to introduce a normative approach for assisting the authority in the decision-making process given knowledge from available findings reported by means of probabilities. The normative approach proposed here has been acknowledged in the forensic framework, and represents a promising structure for reasoning that can support the decision-making process in forensic age estimation. The paper introduces the fundamental elements of decision theory applied to the specific case of age estimation, and provides some examples to illustrate its practical application.