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.
Southern African Development Community Land IssuesVolume I
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.
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.
Southern African Development Community Land Issues
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.
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.
Re-conceiving Property Rights in the New Millennium
Author: Ben Chigara
Publisher: Routledge
ISBN: 1136656243
Category : Law
Languages : en
Pages : 269
Book Description
This book constitutes volume two of a two volume examination of development community land issues in Southern Africa. Following from volume one Southern African Development Community Land Issues, 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 demonstrates that land relations in the SADC have always been, and will perhaps remain, a matter for constitutional regulation. Because constitutional laws are distinctive from other laws only by constitutional design, legal contests appear to be the least likely means for settlement 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, hold the most potential to resolve these disputes. The 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. The book shows that PECAPDISH’s potential and benefits would be enormous. The book will be of interest to students and researchers of Property and Conveyancing Law, Human Rights Law, and Land Law.
Publisher: Routledge
ISBN: 1136656243
Category : Law
Languages : en
Pages : 269
Book Description
This book constitutes volume two of a two volume examination of development community land issues in Southern Africa. Following from volume one Southern African Development Community Land Issues, 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 demonstrates that land relations in the SADC have always been, and will perhaps remain, a matter for constitutional regulation. Because constitutional laws are distinctive from other laws only by constitutional design, legal contests appear to be the least likely means for settlement 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, hold the most potential to resolve these disputes. The 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. The book shows that PECAPDISH’s potential and benefits would be enormous. The book will be of interest to students and researchers of Property and Conveyancing Law, Human Rights Law, and Land Law.
Environment and land management
Author: Southern African Development Community
Publisher:
ISBN:
Category : Africa, Southern
Languages : en
Pages : 56
Book Description
Publisher:
ISBN:
Category : Africa, Southern
Languages : en
Pages : 56
Book Description
Land and Sustainable Development in Southern Africa
Author: Joseph Z. Z. Matowanyika
Publisher: Zero Publishing Company
ISBN:
Category : Nature
Languages : en
Pages : 54
Book Description
Publisher: Zero Publishing Company
ISBN:
Category : Nature
Languages : en
Pages : 54
Book Description
Land Tenure and Administration in Africa
Author: Lorenzo Cotula
Publisher:
ISBN:
Category : Land reform
Languages : en
Pages : 52
Book Description
Publisher:
ISBN:
Category : Land reform
Languages : en
Pages : 52
Book Description
Who is Doing what on Land Rights Issues in Southern Africa
Author: Radovan Korda
Publisher:
ISBN:
Category : Land tenure
Languages : en
Pages : 100
Book Description
Publisher:
ISBN:
Category : Land tenure
Languages : en
Pages : 100
Book Description
A Framework and Strategy for Building the Community
Author: Southern African Development Community
Publisher:
ISBN:
Category : Africa, Southern
Languages : en
Pages : 56
Book Description
Publisher:
ISBN:
Category : Africa, Southern
Languages : en
Pages : 56
Book Description
Intellectual Property Law in Africa
Author: Caroline B. Ncube
Publisher: Taylor & Francis
ISBN: 1000915808
Category : Law
Languages : en
Pages : 233
Book Description
Examining the harmonisation of Intellectual Property policy, law and administration in Africa, this book evaluates the effectiveness of efforts to establish continental Intellectual Property institutions and frameworks. It also considers sub-regional initiatives led by the regional economic communities and the regional Intellectual Property organisations, focusing on relevant protocols and agreements that address Intellectual Property as well as the implementing institutions. The book assesses the progress of such initiatives with particular reference to the current socio-economic status of African states. It argues that that harmonisation initiatives need to be crafted in a way that is supportive of the developmental goals of African states and advocates for due consideration of individual states’ unique conditions and aspirations. This book will be of great relevance to scholars and policy makers with an interest in Intellectual Property law and its harmonisation in Africa.
Publisher: Taylor & Francis
ISBN: 1000915808
Category : Law
Languages : en
Pages : 233
Book Description
Examining the harmonisation of Intellectual Property policy, law and administration in Africa, this book evaluates the effectiveness of efforts to establish continental Intellectual Property institutions and frameworks. It also considers sub-regional initiatives led by the regional economic communities and the regional Intellectual Property organisations, focusing on relevant protocols and agreements that address Intellectual Property as well as the implementing institutions. The book assesses the progress of such initiatives with particular reference to the current socio-economic status of African states. It argues that that harmonisation initiatives need to be crafted in a way that is supportive of the developmental goals of African states and advocates for due consideration of individual states’ unique conditions and aspirations. This book will be of great relevance to scholars and policy makers with an interest in Intellectual Property law and its harmonisation in Africa.
The New International Law
Author: Christoffer C. Eriksen
Publisher: BRILL
ISBN: 9004215956
Category : Law
Languages : en
Pages : 268
Book Description
This volume contains revised versions of a select number of research papers presented at a conference in Oslo, Norway, entitled “The New International Law”. The conference was subtitled “Polycentric Decision-making Structures and Fragmented Spheres of Law: What Implications for the New Generation of International Legal Discourse?” This subtitle signals the most important elements of the conference’s main purpose which was to be a project in line with certain strands of contemporary scholarship on international law; scholarship that bases itself on certain assumptions regarding what are important and changing preconditions for the field of international law research.
Publisher: BRILL
ISBN: 9004215956
Category : Law
Languages : en
Pages : 268
Book Description
This volume contains revised versions of a select number of research papers presented at a conference in Oslo, Norway, entitled “The New International Law”. The conference was subtitled “Polycentric Decision-making Structures and Fragmented Spheres of Law: What Implications for the New Generation of International Legal Discourse?” This subtitle signals the most important elements of the conference’s main purpose which was to be a project in line with certain strands of contemporary scholarship on international law; scholarship that bases itself on certain assumptions regarding what are important and changing preconditions for the field of international law research.