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Land Law Reform in East Africa reviews development and changes in the statutory land laws of 7 countries in Eastern Africa over the period 1961 – 2011. The book is divided into two parts. Part 1 sets up the conceptual framework for consideration of the reforms, and pursues a contrast between transformational and traditional developments; where the former aim at change designed to ensure social justice in land laws, and the latter aim to continue the overall thrust of colonial approaches to land laws and land administration. Part 2 provides an in-depth and critical survey of the land law reforms introduced into each country during the era of land law reform which commenced around 1990. The overall effect of the reforms has, Patrick McAuslan argues, been traditional: it was colonial policy to move towards land markets, individualisation of land tenure and the demise of customary tenure, all of which characterise the post 1990 reforms. The culmination of over 50 years of working in this area, Land Law Reform in East Africa will be invaluable reading for scholars of land law, and of law and development more generally.
"Introduction: The conceptual framework of the paper; PART 1: From c.1961 to c.1990:Chapter 1: An overview of the land laws at independence; Chapter 2: 1961 - c.1990: The lack of any land reform; Chapter 3: Two case studies from this era; PART 2: The era of land law reform c.1990 onwards; Chapter 4: The global intellectual climate for land law reform; Chapter 5: Zanzibar; Chapter 6: Mozambique; Chapter 7: Uganda; Chapter 8: Tanzania; Chapter 9: Somaliland; Chapter 10: Rwanda; Chapter 11: Kenya; Chapter 12: Urban planning law reform in the region; Chapter 13: Gender and land law in the region; Chapter 14:Transformational, traditional or political: the reforms assessed; Appendix; Table of principal land laws 1961- 2012; References"--
Land Law Reform in East Africa reviews development and changes in the statutory land laws of 7 countries in Eastern Africa over the period 1961 – 2011. The book is divided into two parts. Part 1 sets up the conceptual framework for consideration of the reforms, and pursues a contrast between transformational and traditional developments; where the former aim at change designed to ensure social justice in land laws, and the latter aim to continue the overall thrust of colonial approaches to land laws and land administration. Part 2 provides an in-depth and critical survey of the land law reforms introduced into each country during the era of land law reform which commenced around 1990. The overall effect of the reforms has, Patrick McAuslan argues, been traditional: it was colonial policy to move towards land markets, individualisation of land tenure and the demise of customary tenure, all of which characterise the post 1990 reforms. The culmination of over 50 years of working in this area, Land Law Reform in East Africa will be invaluable reading for scholars of land law, and of law and development more generally.
This book analyses the nexus between land access and the extractive industries in Africa, specifically highlighting the gaps in energy, land and mining laws and the practical solutions needed to settle the increasing number of land disputes in resource-rich areas. Access to land is essential for the successful operation of energy and mining projects. However, there are often social, environmental and economic issues associated with acquiring land for these projects. Socially, many people are relocated; economically, local communities are not given adequate compensation; environmentally, pollution negatively impacts on the agricultural and fishing industries relied on by over 80% of the local communities. Against this stark background, and drawing from the author's fieldwork research, this book addresses the important question of whether the different land tenure systems, coupled with administration and registration procedures, are adequate to address the increasing land disputes in oil and mineral-rich African countries.
This open access book offers unique in-depth, comprehensive, and comparative analyses of the motivations, context, and outcomes of recent land reforms in Africa. Whereas a considerable number of land reforms have been carried out by African governments since the 1990s, no systematic analysis on their meaning has so far been conducted. In the age of land reform, Africa has seen drastic rural changes. Analysing the relationship between those reforms and change, the chapters in this book reveal not only their socio-economic outcomes, such as accelerated marketisation of land, but also their political outcomes, which have often been contrasting. Countries such as Rwanda and Mozambique have utilised land reform to strengthen state control over land, but other countries, such as Ghana and Zambia, have seen the rise in power of traditional chiefs in managing the land. The comparative perspective of this book clarifies new features of African social changes, which are carefully investigated by area experts. Providing new perspectives on recent land reform, this book will have a considerable impact on scholars as well as policymakers.
On the importance of judicial independence.
This book is a collection of essays honouring and engaging with the work of the late Professor Patrick McAuslan. It is a collection that narrates, analyses and critiques McAuslan’s contributions, as well as offering substantive perspectives on how his work has impacted the legal fields in which he was involved: including those of land law, urban planning law and policy, land use and participation in developing countries, democratic constitutionalism, and legal education. The essays present McAuslan’s contributions in the contexts in which they emerged, and according to both the circumstances and motivations that shaped them, as well as the challenges they encountered. It thus provides an ideal point of engagement for scholars, students and policy makers that have already interacted with McAuslan’s ideas and work, or who have yet to do so.
Finalist for the African Studies Association's 2021 Best Book Prize. Explores the limits of law in changing unequal land relations in Kenya.
This book examines the dynamics of natural resource conflicts in Africa and explores the different governance approaches for securing sustainable peace. One of the most prominent challenges facing Africa today is the consequences of natural resource extraction. While these resources hold the potential for economic transformation across Africa, their extraction also comes with a range of environmental, social, and economic consequences, including issues related to governance. This book assembles a unique cohort of peacebuilding, environmental justice, and sustainable development scholars and practitioners from Africa and beyond to examine the dynamics of natural resource conflict and explore the governance approaches that offer pathways for sustainable peace in Africa. Drawing on case studies and empirical lessons from the Horn of Africa, Southern Africa, West Africa, East Africa, and the Central Sahel region, along with the African Union, the multidisciplinary contributors offer fresh insights into the nature of natural resource conflict in Africa, delve deeper into the complexities of natural resource governance, and highlight the interplay between resource governance and sustainable peace. By shedding light not only on Africa’s experiences and vulnerabilities but also on the challenges of natural resource governance, this book fills a crucial gap in understanding the connection between natural resource governance, conflict, and pathways for sustainable peace in Africa. Drawing on a range of disciplinary perspectives, this book will be of interest to students and scholars of natural resource governance, peace and conflict studies, environmental policy and justice, sustainable development, security studies and African studies more widely.
For the last three decades, Uganda has been one of the fastest growing economies in Africa. Globally praised as an African success story and heavily backed by international financial institutions, development agencies and bilateral donors, the country has become an exemplar of economic and political reform for those who espouse a neoliberal model of development. The neoliberal policies and the resulting restructuring of the country have been accompanied by narratives of progress, prosperity, and modernisation and justified in the name of development. But this self-celebratory narrative, which is critiqued by many in Uganda, masks the disruptive social impact of these reforms and silences the complex and persistent crises resulting from neoliberal transformation. Bringing together a range of leading scholars on the country, this collection represents a timely contribution to the debate around the New Uganda, one which confronts the often sanitised and largely depoliticised accounts of the Museveni government and its proponents. Harnessing a wealth of empirical materials, the contributors offer a critical, multi-disciplinary analysis of the unprecedented political, socio-economic, cultural and ecological transformations brought about by neoliberal capitalist restructuring since the 1980s. The result is the most comprehensive collective study to date of a neoliberal market society in contemporary Africa, offering crucial insights for other countries in the Global South.