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The Convention was opened for signature on 10 December 1982 in Montego Bay, Jamaica. This marked the culmination of more than 14 years of work involving participation by more than 150 countries representing all regions of the world, all legal and political systems and the spectrum of socio/economic development. At the time of its adoption, the Convention embodied in one instrument traditional...
In 2006, the government decision to evict the Basarwa community from the CKGR was held to be illegal and unconstitutional by the High Court of Botswana. Following the decision, the government stated that should the Basarwa community insist to stay in CKGR, they would have themselves to blame for the acute shortage of water as the government will not provide water. The Matsipane couple, acting as...
In January 2002, the Government of Botswana terminated water, food and health services to the Bushmen residing in the Central Kalahari Game Reserve in Botswana. The service cuts were followed by relocations to adjacent areas. Access to the reserve was restricted for those who relocated, resulting in some of the Kalahari Bushmen no longer being able to enter the land they had occupied or to pursue...
Christopher Whitmey, a trustee of the Hereford Diocesan Board of Finance, brought the action in a personal capacity following Stephen Tunnicliffes application to Shropshire County Council to register the boards land as a village green. Mr Whitmey contended that, when registration is opposed, it should be referred to the commons commissioners, and that registration authorities do not have...
The key issues in this case were whether registration of land as a green, based on 20 years lawful sports and pastimes, gives the relevant inhabitants rights to indulge in lawful sports and pastimes on the land, and whether registration brings the land within the scope of section 12 of the Inclosure Act 1857 and section 29 of the Commons Act 1876, which protect the land from encroachment. A...
Buckinghamshire County Council had resolved to register the land as a green, on 8 April 2002, following a public inquiry in 2001 into the application from Grange Action Group. The applicant had to show that the land had been used by people from the locality for lawful sports and pastimes for at least 20 years, without interruption and without permission. Laing Homes appealed against this decision...
The issue in this appeal is whether the Sunderland City Council erred in law in refusing to register as a "town or village green" under the Commons Registration Act 1965 an area of land known as the Sports Arena ("the land") close to the town centre of Washington, Tyne and Wear. The local authority, Sunderland City Council, who owned the land, argued that by mowing the land and erecting seating...
On 27 October 1999, an application was made to register Ladydale Meadow as a village green. This is rough, unimproved grassland, once parkland of Pickwood Hall. The meadow was allocated as part of a proposed housing site in the Staffordshire Moorlands local plan, adopted in 1998. In 1999 Alfred McAlpine Homes Ltd applied for planning permission to build 24 houses there. This was granted after a...