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"This book will appeal to scholars, students, policymakers and readers interested in the contribution of land reform and constitutional law to redistributive justice. An interdisciplinary team of experts, united in their commitment to redistributive justice, explore the complexity of issues in critical, constructive and creative ways"--
Speeding up land reform through a constitutional amendment that would explicitly permit the expropriation of land without compensation has dominated legal and political-policy debates in South Africa in recent years. Taking this politically and emotionally charged issue as its starting point, this volume offers both expert commentary on this issue from a variety of disciplinary perspectives and also fresh ideas on how to advance the redistributive transformation that South Africa so urgently needs. It brings critically important debates around transformative property law, the need for diversified land justice and the possibilities of alternative forms of redistribution into productive conversation with each other. While grounded in the complex realities of South Africa's past and present, the volume speaks to concerns that resonate in many contexts in the Global South and beyond. It will appeal to scholars, students, policymakers and general readers concerned with both the theory and practice of redistributive justice. This title is also available as Open Access on Cambridge Core.
Why has land reform been such a failure in South Africa? Will expropriation without compensation solve the problem? What can be done to get the land programme back on track? In Land Matters, Tembeka Ngcukaitobi tackles the past, present and future of the land question in South Africa. Going back in history, he shows how Africans’ communal systems of landownership were used by colonial rulers to deny that Africans owned the land at all. He explores the effects of the Land Acts, Bantustans and forced removals. And he evaluates the ANC’s policies on land throughout the struggle years, during the negotiations of the 1990s, and in government. Land Matters unpacks the government’s achievements and failures in land redistribution, restitution and tenure reform, and makes suggestions for what needs to be done in future. The book also explores the power of chiefs, the tension between communal landownership and the desire for private title, the failure of the willing-seller, willing-buyer approach, women and land reform, the role of banks, and the debates around amending the Constitution. Steering clear of the simplistic and polarising terms of the land debate, Ngcukaitobi argues for a return to the nuanced constitutional requirements of justice and equity in South Africa’s land policy. Thoughtful and provocative, Land Matters sheds light on one of the most topical, complex and urgent issues in South Africa today.
This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
Land reform and the possibility of expropriation without compensation are among the most hotly debated topics in South Africa today, met with trepidation and fervour in equal measure. But these broader issues tend to obscure a more immediate reality: a severe housing crisis and a sharp increase in urban land occupations In Promised Land, Karl Kemp travels the country documenting the fallout of failing land reform, from the under-siege Philippi Horticultural Area deep in the heart of Cape Town’s ganglands to the burning mango groves of Tzaneen, from Johannesburg’s lawless Deep South to rural KwaZulu-Natal, where chiefs own vast tracts of land on behalf of their subjects. He visits farming communities beset by violent crime, and provides gripping, on-the-ground reporting of recent land invasions, with perspectives from all sides, including land activists, property owners and government officials. Kemp also looks at burning issues surrounding the land debate in South Africa – corruption, farm murders, illegal foreign labour, mechanisation and eviction – and reveals the views of those affected. Touching on the history of land conflict and conquest in each area, as well as detailing the current situation on the ground, Promised Land provides startling insights into the story of land conflict in South Africa.
General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.
This introduction to the main heterodox schools of economic thought examines their main concepts and their critiques of mainstream theory. The schools examined include Austrian economics, geo-economics, the Virginia school of political economy, feminist economics, humanist economics, institutional economics, and nondeterminist Marxism. The aim of these essays is to understand the ideas and methodology of these approaches, and also to explain why there are different approaches to economics, and how the various schools relate to each other.
Included are the Minutes (or Procès-verbal) of the Council from its first meeting, Paris, January 16, 1920, to the session, ; the budget for the 3d- financial period (1921- ) in 1920, no. 7, 1921, no. 9, 1923- no. 1 of each year; statements of the "Present situations as regards international engagements registered with the Secretariat"; Saar Basin, periodical and other reports and papers; reports on the financial reconstruction of Austria, and of Hungary; and many other reports and papers.