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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.
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.
Author: Ben Chigara Publisher: ISBN: 9780415859806 Category : Law Languages : en Pages : 288
Book Description
This book constitutes Volume I of a set of two Volumes. Volume I attempts 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) in light of 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. Cultural, economic and political drivers at the core of SADC land issues are examined for 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. The book 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. Therefore, the book recommends a sophisticated systematic new approach to SADC land issues. That approach is developed in Volume II of this series: Re-conceiving Property Rights in the new millennium - Towards a New Sustainable Land Relations Policy.
Author: Chris Saunders Publisher: Zed Books Ltd. ISBN: 1780321813 Category : Political Science Languages : en Pages : 234
Book Description
How successful have Southern African states been in dealing with the major issues that have faced the region in recent years? What could be done to produce more cohesive and effective region-building in Southern Africa? In this original and wide-ranging volume, which draws on an interdisciplinary team of mainly African and African-based specialists, the key political, socio-economic, and security challenges facing Southern Africa today are addressed. These include the various issues confronting the Southern African Development Community (SADC) and its institutions; such as HIV/AIDS, migration and xenophobia, land-grabbing and climate change; and the role of the main external actors involved with the region, including the United Nations, the European Union, the United States, and China. The book also looks at the Southern African Customs Union and Southern African Development Finance Institutions, including the Development Bank of Southern Africa and Industrial Development Corporation, and issues of gender and peacebuilding. In doing so, the book goes to the heart of analyzing the effectiveness of SADC and other regional organisation, suggesting how region-building in Southern Africa may be compared with similar attempts elsewhere in Africa and other parts of the world.
Author: Ben Chigara Publisher: Routledge ISBN: 1136656251 Category : Law Languages : en Pages : 252
Book Description
"[Re-conceiving property rights in the new millennium : towards a new sustainable land relations policy] 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, including the SADC Tribunal and the Washington based International Centre for the Settlement of Investment Disputes (ICSID). It shows that land relations in the SADC have always been, and will perhaps remain a matter for constitutional regulation. Because constitutional laws defer to no other laws except by constitutional design, legal contests appear to be the least likely means by which these disputes will eventually be settled in the sub-region. 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, and also to the developmental aspirations of these States hold the most potential to resolve these disputes. [This] book recommends efficient pedagogical counter-apartheid-rule psychological distortions regarding the significance of human dignity (PECAPDISH) as a pre-requisite and corollary to the dismantling of the salient physical legacy of apartheid-rule in affected SADC States. [This book] shows that PECAPDISH's potential and benefits would be enormous"--Provided by publisher
Author: C. Alden Publisher: Springer ISBN: 0230250971 Category : History Languages : en Pages : 263
Book Description
This book analyzes the origins of the crisis in Zimbabwe and why it has had such a profound impact on both the land issue and democratic politics in the Southern African region. In doing so, it contributes to the present debates around Mugabe, neo-imperialism and the stability in the region.
Author: Debby Potts Publisher: Routledge ISBN: 1317904915 Category : Science Languages : en Pages : 408
Book Description
A unique and comprehensive introduction to contemporary development issues in East and Southern Africa, and represents a significant departure from the often descriptive approach adopted by existing regional and development texts on African regions. Each contribution is carefully chosen to highlight the theoretical basis to development issues, and the practical problems of implementing development plans, in this vital subregion. Overall this produces comprehensive and balanced coverage of historical, economic, political and social issues. The twin issues of globalisation and modernisation give the book a clear focus.
Author: Dr Laurie Nathan Publisher: Ashgate Publishing, Ltd. ISBN: 1409476677 Category : Political Science Languages : en Pages : 208
Book Description
Exploring the formation, evolution and effectiveness of the regional security arrangements of the Southern African Development Community (SADC), Nathan examines a number of vital and troubling questions: ∗ why has SADC struggled to establish a viable security regime? ∗ why has it been unable to engage in successful peacemaking?, and ∗ why has it defied the optimistic prognosis in the early 1990s that it would build a security community in Southern Africa? He argues that the answers to these questions lie in the absence of common values among member states, the weakness of these states and their unwillingness to surrender sovereignty to the regional organization. Paradoxically, the challenge of building a co-operative security regime lies more at the national level than at the regional level. The author's perspective is based on a unique mix of insider access, analytical rigour and accessible theory.
Author: Thembela Kepe Publisher: Programme for Land & Agrarian Studies School of Government University of Western Cape ISBN: 9781868084159 Category : Land reform Languages : en Pages : 16
Author: Horman Chitonge Publisher: Springer Nature ISBN: 3030828522 Category : Science Languages : en Pages : 348
Book Description
This book provides a significant contribution to the literature on land reform in various African contexts. While the economic evidence is clear that secure property rights are a necessary condition for catalysing broad-based economic development, the governance process by which those rights are secured is less clear. This book details the historical complexity of land rights and the importance of understanding this history in the process of trying to improve tenure security. Through a combination of single country case studies, comparative case studies and regional comparisons, the book is unequivocal that good governance is paramount for improving the performance of land reform programmes. All attempts at moving towards more formal secure tenure require congruence with informal norms, beliefs and values, and a set of clear systems and processes to avoid corruption and unintended negative consequences.
Author: Ben Chigara
Author: Ben Chigara
Author: Ben Chigara
Author: Chris Saunders
Author: Ben Chigara
Author: C. Alden
Author: Debby Potts
Author: Dr Laurie Nathan
Author: Radovan Korda
Author: Thembela Kepe
Author: Horman Chitonge