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Re-conceiving Property Rights in the New Millennium

Re-conceiving Property Rights in the New Millennium PDF Author: Ben Chigara
Publisher: Routledge
ISBN: 1136656251
Category : Law
Languages : en
Pages : 252

Book Description
This book constitutes volume two of a two volume examination of development community land issues in Southern Africa. Following from volume one, this book considers the possibility of a new, sustainable land relations policy for Southern African Development Community States (SADC) that are currently mired up in land disputes that have become subject of domestic, regional and international tribunals. Chigara argues that only human rights inspired policies, that respond to the call for social justice by acknowledging both the current and the underlying contexts to the disputes, hold the most potential to resolve these land disputes.

Re-conceiving Property Rights in the New Millennium

Re-conceiving Property Rights in the New Millennium PDF Author: Ben Chigara
Publisher: Routledge
ISBN: 1136656251
Category : Law
Languages : en
Pages : 252

Book Description
This book constitutes volume two of a two volume examination of development community land issues in Southern Africa. Following from volume one, this book considers the possibility of a new, sustainable land relations policy for Southern African Development Community States (SADC) that are currently mired up in land disputes that have become subject of domestic, regional and international tribunals. Chigara argues that only human rights inspired policies, that respond to the call for social justice by acknowledging both the current and the underlying contexts to the disputes, hold the most potential to resolve these land disputes.

Justiciability of Human Rights Law in Domestic Jurisdictions

Justiciability of Human Rights Law in Domestic Jurisdictions PDF Author: Alice Diver
Publisher: Springer
ISBN: 3319240161
Category : Law
Languages : en
Pages : 438

Book Description
This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ‘right’ to dignity can best be promoted, protected or monitored by domestic decision-makers. Similar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ‘rights,’ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable. Readers of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts.

Southern African Development Community Land Issues

Southern African Development Community Land Issues PDF Author: Ben Chigara
Publisher: Routledge
ISBN: 1136656170
Category : Law
Languages : en
Pages : 287

Book Description
This book constitutes volume one of a two volume examination of development community land issues in Southern Africa. In this volume, Ben Chigara undertakes a holistic inter-disciplinary evaluation of the legitimacy of colonial and emergent post-colonial rule property rights in affected States of the Southern African Development Community (SADC). It particularly focuses on intensifying litigation in national courts, the SADC Tribunal, and more recently the Washington based International Centre for the Settlement of Investment Disputes (ICSID) regarding counter claims to title to property. The book examines cultural, economic and political drivers at the core of SADC land issues, focusing on their significance and potential to contribute to the discovery of a new, sustainable land relations policy that guarantees social justice in the distribution of all the advantages and disadvantages relating to the allocation and use of land. Chigara shows that persistent systematic administrative failures by pre-colonial, colonial and post-colonial authorities have made for a very complex challenge that requires Solomonic tools that neither the Courts alone, nor human rights centric morality alone could resolutely attend. The book recommends a sophisticated systematic new approach to SADC land issues, which is developed in volume two, Re-conceiving Property Rights in the New Millennium. This book will be of great interest to students and researchers of Property and Conveyancing Law, Human Rights Law and Land Law.

Wicked Valuations

Wicked Valuations PDF Author: Michael McDermott
Publisher: Routledge
ISBN: 0429013213
Category : Business & Economics
Languages : en
Pages : 330

Book Description
Traditional valuation approaches are increasingly recognised as being insufficient to address the wicked valuation problems of the diverse peoples and groups that inhabit the globe from north, south, east to west. This book demonstrates the limitations of science and, in particular economics, as the foundation on which valuations are traditionally based. It demonstrates the importance of and provides justification for the personal, cultural values and norms which underpin our assessment of "value", and the fact that these vary across the world. In Wicked Valuations Michael McDermott develops a means of engaging with highly complex valuation problems. His autoethnography provides a lens to draw on knowledge and experience from his 40 years in land valuation in Africa and the Asia-Pacific, while documentary analysis is used to draw in the views of other valuation practitioners and scholars who are becoming increasingly aware of the need to develop ways to adapt land valuation processes to the complexity of our contemporary landscapes.

Spaces and Places in Western India

Spaces and Places in Western India PDF Author: Bina Sengar
Publisher: Taylor & Francis
ISBN: 1000691551
Category : History
Languages : en
Pages : 251

Book Description
This book studies places and spaces in Western India both as geographical locations and as imagined constructs. It uncovers the rich history of the region from the perspective of places of pilgrimage, commerce, community, expression and indigeneity. The volume examines how spaces are intrinsically connected to the lived experiences of people. It explores how spaces in Western India have been constructed over time and how these are reflected in both historical and contemporary settings – in the art, architecture, political movements and in identity formation. The rich examples explored in this volume include sites of Bhakti and Sufi literature, Maharashtrian-Sikh identity, Mahanubhav pilgrimage, monetary practices of the Peshwas and the internet as an emancipatory space for the Dalit youth in Maharashtra. The chapters in this book establish and affirm the forever evolving cultural topography of Western India. Taking a multidimensional approach, this book widens the scope of academic discussions on the theme of space and place. It will be useful for scholars and researchers of history, cultural studies, geography, the humanities, city studies and sociology.

From African Peer Review Mechanisms to African Queer Review Mechanisms?

From African Peer Review Mechanisms to African Queer Review Mechanisms? PDF Author: Nhemachena, Artwell
Publisher: Langaa RPCIG
ISBN: 9956550566
Category : Political Science
Languages : en
Pages : 480

Book Description
Tracing recent bouts of globalised Mugabephobia to Robert Mugabe’s refusal to be neoimperially penetrated, this book juxtaposes economic liberalisation with the mounting liberalisation of African orifices. Reading land repossession and economic structural adjustment programmes together with what they call neoimperial structural adjustment of African orifices, the authors argue that there has been liberalisation of African orifices in a context where Africans are ironically prevented from repossessing their material resources. Juxtaposing recent bouts of Mugabephobia with discourses on homophobia, the book asks why empire prefers liberalising African orifices rather than attending to African demands for restitution, restoration and reparations. Noting that empire opposes African sovereignty, autonomy, and centralisation of power while paradoxically promoting transnational corporations’ centralisation of power over African economies, the book challenges contemporary discourses about shared sovereignty, distributed governance, heterarchy, heteronomy and onticology. Arguing that colonialists similarly denied Africans of their human essence, the tome problematises queer sexualities, homosexuality, ecosexuality, cybersexuality and humanoid robotic sexuality all of which complicate supposedly fundamental distinctions between human beings and animals and machines. Provocatively questioning queer sexuality and liberalised orifices that serve to divert African attention from the more serious unfinished business of repossessing material resources, the book insightfully compares Robert Gabriel Mugabe, Thomas Sankara and Julius Kambarage Nyerere who emphasised the imperatives of African autonomy, ownership, control and sovereignty over natural resources. Observing Africans’ interest in repossessing ownership and control over their resources, the book wonders why so much, queer, international attention is focused on foisting queer sexuality while downplaying more burning issues of resource repossession, human dignity, equality and equity craved by Africans for whom life is not confined to sexuality. With insights for scholars in sociology, development studies, law, politics, African studies, anthropology, transformation, decolonisation and decoloniality, the book argues that liberal democracy is a façade in a world that is actually ruled through criminocracy.

The African Regional Human Rights System

The African Regional Human Rights System PDF Author: Manisuli Ssenyonjo
Publisher: Martinus Nijhoff Publishers
ISBN: 9004218157
Category : Law
Languages : en
Pages : 628

Book Description
The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples’ Rights, the cornerstone of the African human rights system, in June 1981. The year 2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986. This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter’s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice. The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.

Religion and Development in Southern and Central Africa: Vol 1

Religion and Development in Southern and Central Africa: Vol 1 PDF Author: N. Amanze
Publisher: African Books Collective
ISBN: 999606039X
Category : Social Science
Languages : en
Pages : 501

Book Description
This book is a result of a joint conference, which was held from 18th-22nd July 2017 under the theme Religion, Citizenship and Development Southern African Perspectives." The theme of the conference was adopted in order to underline the importance and significance of religion in the socio-economic development of people in the world generally and in Southern and Central Africa in particular. The papers in the book are divided into two volumes. Volume one consists of papers which directly discuss religion and development in one form or another. The second volume contains papers that discuss religion and other pertinent issues related to development. The papers are grouped into sub-themes for ease of reference. These include Citizenship and Development, Migration and Development, Disability and Development, Pentecostal Churches and Development and Religion and Society. All in all, despite a divergence of sub-themes in volume two, all point to issues to do with the role of religion in development in Southern and Central Africa today.

The Turning Point in Private Law

The Turning Point in Private Law PDF Author: Ugo Mattei
Publisher: Edward Elgar Publishing
ISBN: 1786435187
Category : Law
Languages : en
Pages : 262

Book Description
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

Conceiving the New World Order

Conceiving the New World Order PDF Author: Faye D. Ginsburg
Publisher: Univ of California Press
ISBN: 9780520089143
Category : Medical
Languages : en
Pages : 470

Book Description
This volume provides an investigation of the dynamics of reproduction. Using reproduction as an entry point the authors examine how cultures are produced, contested, and transformed as people imagine their collective future in the creation of the next generation.