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While there is a large, though inconclusive, literature on the impact of land titles in Africa, little attention has been devoted to the study of land conflict, despite evidence on increasing incidence of such conflicts. Deininger and Castagnini use data from Uganda to explore who is affected by land conflicts, whether recent legal changes have helped to reduce their incidence, and to assess their impact on productivity. Results indicate that female-headed households and widows are particularly affected and that the passage of the 1998 Land Act has failed to reduce the number of pending land conflicts. The authors also find evidence of a significant and quantitatively large productivity-reducing impact of land conflicts. This suggests that, especially in Africa, attention to land-related conflicts and exploration of ways to prevent and speedily resolve them would be an important area for policy as well as research. This paper--a product of Rural Development, Development Research Group--is part of a larger effort in the group to explore the impact of land policies.
This book is a critical examination of the place and role of land in Africa, the role of land in political formation and national identification, and the land as an economic resource within both national economic development and liberal globalization. Colonial and post-colonial conflicts have been rooted in four related claims: the struggle over scarce resources, especially access to land resources; abundance of natural resources mismanaged or appropriated by both the states, local power systems and multinationals; weak or absent articulated land tenure policies, leading to speculation or hybrid policy framework; and the imperatives of the global liberalization based on the free market principles to regulate the land question and mineral appropriation issue. The actualization of these combined claims have led to conflicts among ethnic groups or between them and governments. This book is not only about conflicts, but also about local policy achievements that have been produced on the land question. It provides a critical understanding of the forces and claims related to land tenure systems, as part of the state policy and its system of governance.
This book examines the legal, administrative, and regulatory barriers that are preventing women in Kenya from contributing fully to the Kenyan economy. Building on the 2004 FIAS Improving the Commercial Legal Framework and Removing Administrative and Regulatory Barriers to Investment report, this study looks at the bureaucratic barriers facing women in Kenya through a gender lens.
It is safe to say that a sizeable majority of the world's population would agree with the proposition that that property rights are important for political and social stability as well as economic growth. But what happens when the state fails to enforce such rights? Throughout sub-Saharan Africa, this is in fact an endemic problem. In Where There is No Government, Sandra Joireman explains how weak state enforcement regimes have allowed private institutions in sub-Saharan Africa to define and enforce property rights. After delineating the types of actors who step in when the state is absent--traditional tribal leaders, entrepreneurial bureaucrats, NGOs, and violent groups--she argues that the institutions they develop can be helpful or predatory depending on their incentives and context. Because such institutions are neither inherently good nor inherently bad, Joireman develops a set of measurement criteria to assess which types of property regimes and enforcement mechanisms are helpful and which are harmful to social welfare. By focusing on the varieties of property rights enforcement in Ghana, Kenya and Uganda, Joireman moves beyond simply evaluating the effectiveness of official property rights laws. Provocatively, she also challenges the premise that changes in property law will lead to changes in property rights on the ground. Indeed, states that change their property laws face challenges in implementation when they do not control the authority structures in local communities. Utilizing original research on the competitors to state power in Sub-Saharan Africa and the challenges of providing secure and defensible property rights, Where There is No Government is a sharp analysis of one of the most daunting challenges facing the African subcontinent today.
This book brings together multidisciplinarity, desirability and possibility of consilience of borderline studies which are topically diverse and methodologically innovative. It includes contemporary tribal issues within anthropology and other disciplines. In addition, the chapters underline the analytical sophistication, theoretical soundness and empirical grounding in the area of emerging core perspectives in tribal studies. The volume alludes to the emergence of tribal studies as an independent academic discipline of its own rights. It offers the opportunity to consider the entire intellectual enterprise of understanding disciplinary and interdisciplinary dualism, to move beyond interdisciplinarity of the science-humanities divide and to conceptualise a core of theoretical perspectives in tribal studies. The book proves an indispensable reference point for those interested in studying tribes in general and who are engaged in the process of developing tribal studies as a discipline in particular.
This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law.
This pocket-sized reference on key environmental data for over 200 countries includes key indicators on agriculture, forestry, biodiversity, energy, emission and pollution, and water and sanitation. The volume helps establish a sound base of information to help set priorities and measure progress toward environmental sustainability goals.
This open access book presents a nuanced and accessible synthesis of the relationship between land tenure security and sustainable development. Contributing authors have collectively worked for decades on land tenure as connected with conservation and development across all major regions of the globe. The first section of this volume is intended as a standalone primer on land tenure security and its connections with sustainable development. The book then explores key thematic challenges that interact directly with land tenure security, followed by a section on strategies for addressing tenure insecurity. The book concludes with a section on new frontiers in research, policy, and action. An invaluable reference for researchers in the field and for practitioners looking for a comprehensive overview of this important topic. This is an open access book.
This handbook brings together diverse perspectives, major topics, and multiple approaches to one of the biggest legal institutions in society: property. Property touches on many fundamental human questions. It involves decisions about power, economy, morality, work, and ecology. It also involves ideas about where humans fit in the world and how humans relate to more-than-human life. This book will ask in myriad ways such questions as: what property means, what kinds of property there are, what is and should be the relationship between owned and owner, and what is the impact of different forms of property on life in this world? Drawing on a range of socio-legal and empirical methodologies, renowned scholars and rising stars in property from around the world present current issues and map future directions in research. Coming from the place of law but reaching out through cognate disciplines, this handbook provides a comprehensive and accessible survey of current research at the interface of property, society, and the environment. This handbook will appeal to students and researchers across a range of disciplines, including law, sociology, geography, history, and economics.