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Land reform in Mongolia and the challenges of environmental protection: with particular reference to pasturelands

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  • 進展するモンゴルの土地法制改革と環境保護の課題
  • シンテンスル モンゴル ノ トチ ホウセイ カイカク ト カンキョウ ホゴ ノ カダイ

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Abstract

Mongolia is currently undergoing a rapid process of democratization and transition to a market economy, aided by a whole series of new legislation concerning land tenure/land use systems and policies and measures for environmental protection. But the increasing trend toward (virtual) privatization of land as a property may adversely impact on its environment and natural resources, including land, especially on pasturelands which is still today the mainstay of Mongolia's economy and nomadic lifestyle. The original versions of the Mongolian Law on Land and other major environmental laws were enacted at about the same time-in the mid-1990s, in many cases with foreign assistance provided by donor agencies and international organizations such as the World Bank, Asian Development Bank and UNDP. This has resulted in a complex of legal concepts, measures and mechanisms which are ill-defined and ambiguous or alien to Mongolian tradition and legal culture, and created institutions with overlapping or conflicting jurisdictions, making it difficult to implement and enforce the provisions of the law. It is commonly said that Mongolia by now has an adequate number of environmental laws in place, but rather the problem is that of implementing and enforcing them. The author agrees with this view, but believes it is equally important to take another carefull look at the existing system of environmental and land use-related laws.

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