Re Conceiving Property Rights In The New Millennium

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.

This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ‘right’ to dignity can best be promoted, protected or monitored by domestic decision-makers. Similar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ‘rights,’ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable. Readers of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts.

This book constitutes volume one of a two volume examination of development community land issues in Southern Africa. In this volume, Ben Chigara undertakes a holistic inter-disciplinary evaluation of the legitimacy of colonial and emergent post-colonial rule property rights in affected States of the Southern African Development Community (SADC). It particularly focuses on intensifying litigation in national courts, the SADC Tribunal, and more recently the Washington based International Centre for the Settlement of Investment Disputes (ICSID) regarding counter claims to title to property. The book examines cultural, economic and political drivers at the core of SADC land issues, focusing on their significance and potential to contribute to the discovery of a new, sustainable land relations policy that guarantees social justice in the distribution of all the advantages and disadvantages relating to the allocation and use of land. Chigara shows that persistent systematic administrative failures by pre-colonial, colonial and post-colonial authorities have made for a very complex challenge that requires Solomonic tools that neither the Courts alone, nor human rights centric morality alone could resolutely attend. The book recommends a sophisticated systematic new approach to SADC land issues, which is developed in volume two, Re-conceiving Property Rights in the New Millennium. This book will be of great interest to students and researchers of Property and Conveyancing Law, Human Rights Law and Land Law.

Traditional valuation approaches are increasingly recognised as being insufficient to address the wicked valuation problems of the diverse peoples and groups that inhabit the globe from north, south, east to west. This book demonstrates the limitations of science and, in particular economics, as the foundation on which valuations are traditionally based. It demonstrates the importance of and provides justification for the personal, cultural values and norms which underpin our assessment of "value", and the fact that these vary across the world. In Wicked Valuations Michael McDermott develops a means of engaging with highly complex valuation problems. His autoethnography provides a lens to draw on knowledge and experience from his 40 years in land valuation in Africa and the Asia-Pacific, while documentary analysis is used to draw in the views of other valuation practitioners and scholars who are becoming increasingly aware of the need to develop ways to adapt land valuation processes to the complexity of our contemporary landscapes.

Since 2008, foreign land acquisitions have attracted international attention under the term »land grabbing.« Illustrated by rich and nuanced empirical accounts of forty Chinese and British investment projects in Sub-Saharan Africa, Ariane Goetz explains the phenomenon of »land grabbing« from the perspective of two investor countries. She reflects on Chinese and British public policy, state-society relations, national developmental contexts, ideologies, and international relations and thereby gives insights into the political economies that enable these investments as well as the development ambitions and institutionalized paradigms of which they form a part.

This book studies places and spaces in Western India both as geographical locations and as imagined constructs. It uncovers the rich history of the region from the perspective of places of pilgrimage, commerce, community, expression and indigeneity. The volume examines how spaces are intrinsically connected to the lived experiences of people. It explores how spaces in Western India have been constructed over time and how these are reflected in both historical and contemporary settings – in the art, architecture, political movements and in identity formation. The rich examples explored in this volume include sites of Bhakti and Sufi literature, Maharashtrian-Sikh identity, Mahanubhav pilgrimage, monetary practices of the Peshwas and the internet as an emancipatory space for the Dalit youth in Maharashtra. The chapters in this book establish and affirm the forever evolving cultural topography of Western India. Taking a multidimensional approach, this book widens the scope of academic discussions on the theme of space and place. It will be useful for scholars and researchers of history, cultural studies, geography, the humanities, city studies and sociology.

Tracing recent bouts of globalised Mugabephobia to Robert Mugabe’s refusal to be neoimperially penetrated, this book juxtaposes economic liberalisation with the mounting liberalisation of African orifices. Reading land repossession and economic structural adjustment programmes together with what they call neoimperial structural adjustment of African orifices, the authors argue that there has been liberalisation of African orifices in a context where Africans are ironically prevented from repossessing their material resources. Juxtaposing recent bouts of Mugabephobia with discourses on homophobia, the book asks why empire prefers liberalising African orifices rather than attending to African demands for restitution, restoration and reparations. Noting that empire opposes African sovereignty, autonomy, and centralisation of power while paradoxically promoting transnational corporations’ centralisation of power over African economies, the book challenges contemporary discourses about shared sovereignty, distributed governance, heterarchy, heteronomy and onticology. Arguing that colonialists similarly denied Africans of their human essence, the tome problematises queer sexualities, homosexuality, ecosexuality, cybersexuality and humanoid robotic sexuality all of which complicate supposedly fundamental distinctions between human beings and animals and machines. Provocatively questioning queer sexuality and liberalised orifices that serve to divert African attention from the more serious unfinished business of repossessing material resources, the book insightfully compares Robert Gabriel Mugabe, Thomas Sankara and Julius Kambarage Nyerere who emphasised the imperatives of African autonomy, ownership, control and sovereignty over natural resources. Observing Africans’ interest in repossessing ownership and control over their resources, the book wonders why so much, queer, international attention is focused on foisting queer sexuality while downplaying more burning issues of resource repossession, human dignity, equality and equity craved by Africans for whom life is not confined to sexuality. With insights for scholars in sociology, development studies, law, politics, African studies, anthropology, transformation, decolonisation and decoloniality, the book argues that liberal democracy is a façade in a world that is actually ruled through criminocracy.

The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples’ Rights, the cornerstone of the African human rights system, in June 1981. The year 2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986. This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter’s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice. The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.