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Re-conceiving Property Rights in the New Millennium: Towards a New Sustainable Land Relations Policy

Editat de Ben Chigara
en Limba Engleză Hardback – 31 aug 2011
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.
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Specificații

ISBN-13: 9780415678704
ISBN-10: 0415678706
Pagini: 256
Dimensiuni: 156 x 234 x 16 mm
Greutate: 0.63 kg
Ediția:New.
Editura: Taylor & Francis
Colecția Routledge
Locul publicării:Oxford, United Kingdom

Public țintă

Postgraduate and Undergraduate

Cuprins

Part 1: Ideological, Socio-Economic and Cultural Issues Around Land  1. Land Ownership and Economic, Social and Cultural Rights in the Southern African Development Community (SADC), Manisuli Ssenyonjo  2. Genderised Land Reform and Social Justice – A Gender Perspective on the Formalization of Communal Land Tenure, Annika Rudman  3. Framing Women’s Rights and Citizenship Within the SADC Land Reform Discourse: A Feminist Critique, Lyn Ossome  4. Land and Resource Rights, Tenure Arrangements and Reform in Community Based Natural Resource Management in SADC, Munyaradzi Saruchera and Sibongile Manzana  5. The Land Question in Southern Africa: A Political Economy Perspective, Edward Lahiff   Part 2: Possibilities and Further Challenges  6. Farm Workers on Private Agriculture Land Holdings: A Pathway to the Common Settlement of a SADC Land Issues?, Sibo Banda  7. Property Guarantees in Old and New Southern African Constitutions, Clement Ngongola  8. SADC Within the Region: The African Union (AU) Approach to Land Issues, Rachel Murray  9. Deconstructing SADC Land Relations: Towards a New, Sustainable Land Relations Policy?, Ben Chigara

Recenzii

"Edited by Chigara, this is the second volume of a two-volume work exploring land issues in the states of the Southern African Development Community. Whereas the first volume focused on current issues, this volume provides a more future-oriented and reform-based perspective. Nine contributions discuss socio-economic and cultural issues of land reform, including economic, social, and cultural rights; gender and social justice; community-based natural resource management; and the political economy perspective of land reform, as well as such topics as constitutional property guarantees, the African Union approach to land issues, and farm workers on private agricultural land holdings."—Book News

Descriere

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.