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In 1941 a land redistribution plan was aimed at empowering landless workers by placing them in houses and building communities for them. Garcia-Colon assesses the technical and political aspects and the ways the Puerto Rican people resisted accomodated, and influenced the development this plan brought about.
Across Africa land is being commodified: private ownership is replacing communal and customary tenure; Farms are turned into collateral for rural credit markets. Law reform is at the heart of this revolution. The Politics of Land Reform in Africa casts a critical spotlight on this profound change in African land economy. The book illuminates the key role of legislators, legal consultants and academics in tenure reform. These players exert their influence by translating the economic and regulatory interests of the World Bank, civil society groups and commercial lenders in to questions of law. Drawing on political economy and actor-network theory The Politics of Land Reform in Africa is an indispensable contribution to the study of agrarian change in developing countries.
Social Movements, Law and the Politics of Land Reform investigates how rural social movements are struggling for land reform against the background of ambitious but unfulfilled constitutional promises evident in much of the developing world. Taking Brazil as an example, it unpicks the complex reasons behind the remarkably consistent failures of its constitution and law enforcement mechanisms to deliver social justice. Using detailed empirical evidence and focusing upon the relationship between rural social struggles and the state, the book develops a threefold argument: first, the inescapable presence of power relations in all aspects of the production and reproduction of law; secondly their dominant impact on socio-legal outcomes; and finally the essential and positive role played by social movements in redressing those power imbalances and realising law’s progressive potentialities.
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.
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.
First published in 1997, this volume constitutes a collection of new papers by more than 20 United Kingdom and International experts on general and specific issues relating to the reform of all aspects of property law. Topics covered include the language of property law and the dangers of reform, the role of the Law Commission and the workings of Parliamentary procedures, registration of title to land, landlord and tenant, land pollution, mortgages, sale of goods, the Hague Convention on trusts, together with general comparative papers and papers dealing with specific issues of property law reform affecting Hong Kong, Ireland, Scotland and South Africa. The volume arises out of the successful conference 'The Reform of Property Law' hosted by the Centre for Property Law at The University of Reading in 1996.
A stimulating rethink of contemporary land reform in Scotland from historical, legal, and socio-economic perspectives Land reform is as topical as ever in Scotland. Following the latest legislative development, the Land Reform (Scotland) Act 2016, there is a need for a comprehensive and comprehensible analysis of the history, developing framework and impact of Scottish land reform. Scholarly yet jargon-free, this landmark volume brings together leading researchers and commentators working in law, history and policy to analyse the past, present and future of Scottish land reform. It covers how Scotland's land is regulated, used and managed; why and how this has come to pass; and makes some suggestions as to the future of land reform. Key features: - Offers a holistic approach to land reform in Scotland; - Draws on case studies of land policies in the UK, mainland Europe and the USA to allow comparison and contextualisation of Scottish land reform with other models; - Examines the significance of right to property on the land reform process, and looks at how it is now being used as an impetus for economic and social rights reform; - Designed to suit individual academic specialisms, while still being accessible to readers across disciplines and professions. Malcolm M. Combe is a Senior Lecturer in law at the University of Strathclyde and non-practising solicitor Jayne Glass is a Land Use Policy Researcher at Scotland's Rural College (SRUC) and Honorary Lecturer at the University of Edinburgh Annie Tindley is a Senior Lecturer in modern British History at the Newcastle University
Presents a comparative analysis of land issues and impact of reform across the British and Irish Isles, in Ireland, Scotland and Wales This book interrogates land issues and reform across the British and Irish Isles from c.1800 to 2021, with a particular focus on the period c.1830s-c.1940s. It builds on a rich body of work employing comparative approaches towards the 'Land Question' and the history of landed estates, drawing together fresh and original case studies which contextualise the historiographies of Ireland, England, Scotland and Wales. The contributors draw out similarities but also highlight the distinctive nature of land issues and reform programmes across the four nations of the British and Irish Isles. Key themes and issues discussed in the chapters include estate management and relationships between landowner and tenant; land reform agendas; legislative programmes and their impacts; landowner perspectives; and comparisons and contrasts between the experience of reform in the UK. Shaun Evans is Director of the Institute for the Study of Welsh Estates (ISWE) at Bangor University. Tony Mc Carthy is Visiting Fellow of the School of History, Classics and Archaeology at Newcastle University. Annie Tindley is Professor of British and Irish Rural History at Newcastle University.
Qiao demonstrates how an impersonal and unbounded market can operate without legal protection or enforcement of property and contract rights.
This book analyzes the new political economy of land reform in South Africa. It takes a holistic approach to understand South Africa’s land reform, assesses the current policy gaps, and suggests ways of filling them. Due to its cross-disciplinary approach, the book will appeal to a broad audience, and will benefit readers from the fields of policy reform, administration, law, political science, political economics, agricultural economics, global politics, resource studies and development studies.