2. El principio de eficacia 130
2.1. Marco legal 131
The thesis is structured of nine chapters, as described below:
Chapter One: Introduction
The purpose of this introductory chapter is to set out the background of the research area, the aim, objectives and underlying research questions. It presents the research introduction and provides the background to the research problem, the need for the research, aim and objectives of the research together with research questions, research methodology, the contribution to knowledge, and the outline of the research structure. Also, it includes the background of the case study.
Chapter Two: Key conceptual and practical considerations of LTA
The aim of this chapter is to achieve the first objective. It discusses issues such as concepts and systems of LTA. This chapter also provides context and critical analysis of key lessons and review relevant practice in LTA, which informed the critical evaluation of the existing development of LTA. Also, it provides the effective role of the LTA systems and how these systems can work as major factors against the LTA requirement.
Chapter Three: Critical factors influencing LTA development in developing countries.
The topic of this Chapter is trying to answer the research objective (3) by studying these roles and critical factors regarding the LTA in developing countries in the Middle
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Eastern region. This chapter examines the LTA through looking at a historical review of land tenure, legal practices, and parallels to administrative strategies to understand the nation's current of LTA aspects. Therefore, this chapter presents the existed practice and experience followed by LTA functions and components in nominating samples in developing countries from the MER. In order to obtain their experience in terms of LTA systems and related institutional frameworks, and then how their historical and cultural complex relationships under the critical issues were managed and enabled their end- users’ rights, the nominated samples were reviewed into two groups from 9 countries in the Middle Eastern region.
Chapter Four: Land tenure administrations and security of tenure rights in the Iraqi existing context
This chapter answers the research objectives (Objective 4) by introducing a background to the Iraqi case- geographical, historical, political, social, religious, and population, and discuss the Iraqi’s key institutional & regulatory framework, presenting the administrative authorities of land in order to gain an understanding about its hierarchy structure in this respect. Accordingly, this chapter explores the historical development the LTA in Iraq within four different periods of time starting from the Ottoman period to the present time by focusing on the main phases and changes during the implementation of the Iraqi national development. The discussion progresses to deal with the current Iraqi crisis in order to assess the role of ILAs, focusing on their efficiency under the influence of the recent situations.
Chapter Five:Developing the conceptual framework
The chapter built the triangulated relationship of the conceptual framework in this research, which consists of institutional aspects of LAS at national and inter- governmental agencies, and these related factors influenced this performance, and finally the satisfaction level of stakeholders.
Chapter Six:Research methodology
This chapter has introduced the interpretive paradigm and following from this, a case study strategy has been adopted and various techniques for data collections were
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thoroughly discussed, and consequently a mixed methods approach was decided, in which data were obtained from a literature review, semi-structured interviews (TSMs in ILAs) and documentation from various resources of these government agencies, a questionnaire survey (land users). In general, this research used multiple data collection techniques and different types of participants and end-users in order to reduce the opportunity for bias and then for increasing the validity and reliability of the findings.
Chapter Seven:Data analysis (data collected from ILAs’ agencies)
This chapter concerns the 5th objective of the research study. It consists of the analysis and interpretation of the qualitative data collected from ILAs’ agencies. In this context, the list of themes resulting from the chapter 3 was appropriate to the required questions in this chapter. In this chapter, interviewees were TSMs from MoA, MoJ, MoH&C and MoM&PW, and at the local agencies; the PPC, and LRCO in Al-Nassiriya city. A copy of the interview is enclosed in Appendix (A).
Chapter Eight:Data Analysis (data collected from the questionnaire survey)
This chapter concerns also the 5th objective of the research study. It consists of the findings of the analysis processes of the quantitative data collected from the questionnaire survey targeted the end- users’ samples in 3 neighbourhoods, which was applied in the Al-Nassiriya city. In this context, the list of themes resulting from the Chapter 3 was appropriate to the required questions in this Chapter. The data come from 293 questionnaires, which were returned after the distribution of 384 questionnaires was made. The questionnaire design and analysing processes of data are described and the final findings were listed. A copy of the questionnaire is enclosed in Appendix B.
Chapter Nine:Conclusions and recommendations of the research
This final chapter presents the main findings and conclusions of this thesis. The research findings for each research question of this research, as outlined in Chapter one, are analysed in the following paragraphs. The analysis of qualitative and quantitative data produced these findings, which will be further discussed in this chapter, and correlated with these studies discussed in chapters (2, 3, 4, 6 and 7). As shown in Figure (1.2), a brief description of the structure of the thesis and progress are graphically presented.
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Figure 1.2: The Research process.
Research Objectives Research Questions Research Aim Identifying of research
Chapter One: Introduction
Research Approach Evaluating conceptual framework Land users Analysing Data
Case study Strategy Research Strategy Research Philosophy
Literature Review
Qualitative Approach Chapter Two: Key conceptual and practical considerations of LAS & LTAChapter Four:
LAS and LTA aspects in the Iraqi
existing Context
Chapter Three:
The role of LTA in developing
countries development
Quantitative Approach
(Data collected from ILAs’ agencies) (Chapter 7) Qualitative data (Chapter 6) Semi- structural interview Land Tenure Authorities (ILAs) Documentations
(Data collected from the users of land)(Chapter 8)
Quantitative data (Chapter 7) Questionnaire
Recommendations Discussion Data(Chapter 9)
Developing the Conceptual Framework Data collection Methods
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1.8SUMMARY
This chapter summarised the research focus points and presented the importance of the studying the issues regarding the role of LTA in relation to people’s rights in Iraq. In order to build the first step of the answer of the research objectives (First objective), the next chapter reviews the key conceptual and practical considerations of LTA in the international literature.
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