Breathing Life Into Dead Theories About Property Rights

Author : Celestine Itumbi Nyamu
Publisher : Unknown
Page : 34 pages
File Size : 49,9 Mb
Release : 2006
Category : Land tenure
ISBN : UOM:39015069191180

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Breathing Life Into Dead Theories about Property Rights by Celestine Itumbi Nyamu Pdf

Presumption of a direct causal link between formalisation of property rights and economic productivity is back on the international development agenda. Belief in such a direct causal relationship had been abandoned in the early 1990s, following four decades of land tenure reform experiments that failed to produce the anticipated efficiency results. The work of Hernando de Soto has provided the springboard for this revival. De Soto argues that formal property rights hold the key to poverty reduction by unlocking the capital potential of assets held informally by poor people. De Soto's justifications of formal title do not differ much from justifications that were advanced for ambitious land tenure reforms in various sub-Saharan African countries, starting with Kenya in the 1950s. Introduction of formal title in the African areas was seen as the key to solving problems of land degradation and improving agriculture by providing farmers with security of tenure that would create incentives for further investment in the land. This paper argues that there are five shortcomings in both the old and contemporary arguments for formalisation of land title. First, legality is constructed narrowly to mean only formal legality. Therefore legal pluralism is equated with extra-legality. Second, there is an underlying social evolutionist bias that presumes inevitability of the transition to private (conflated with individual) ownership as the destiny of all societies. Third, the presumed link between formal title and access to credit facilities has not been borne out by empirical evidence. Fourth, markets in land are understood narrowly to refer only to 'formal markets'. Fifth, the arguments in favour of formulisation of title as the means to secure tenure ignore the fact that formal title could also generate insecurity.

Author : Birgit Englert,Elizabeth Daley
Publisher : Boydell & Brewer Ltd
Page : 194 pages
File Size : 43,6 Mb
Release : 2008
Category : Business & Economics
ISBN : 9781847016119

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Women's Land Rights & Privatization in Eastern Africa by Birgit Englert,Elizabeth Daley Pdf

Are women's fragile land rights in Africa being eroded in a period of privatisation and land reforms sponsored by the World Bank? Changing global employment and trade patters and the HIV/AIDS epidemic has affected women in particular. A complexity is that women's and men's interests within households are both joint and separate, yet many land reform programmes are based on the notion of a unitary household in which resources benefit the whole family. Today new land market opportunities also tend to put women at a disadvantage, just as they were under colonialism. Women's secondary rights to land are being extinguished. The detailed, local level research in this volume not only challenges the status quo, but demonstrates that another world is possible and documents the many ways women in Eastern Africa are finding to ensure their rights to land.

Author : Shubha Ghosh
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 55,7 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781788978712

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Forgotten Intellectual Property Lore by Shubha Ghosh Pdf

This innovative book explores forgotten disputes over intellectual property and the ways in which creative people and sovereigns have managed these disputes throughout the centuries. With a focus on reform, it raises important questions about the resilience of legal rules and challenges the methodology behind traditional legal analyses. Focusing on lore and traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses.

Author : Rosa Congost,Jorge Gelman,Rui Santos
Publisher : Taylor & Francis
Page : 222 pages
File Size : 47,5 Mb
Release : 2016-10-04
Category : Business & Economics
ISBN : 9781315439952

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Property Rights in Land by Rosa Congost,Jorge Gelman,Rui Santos Pdf

Property Rights in Land widens our understanding of property rights by looking through the lenses of social history and sociology, discussing mainstream theory of new institutional economics and the derived grand narrative of economic development. As neo-institutional development theory has become a narrative in global history and political economy, the problem of promoting global development has arisen from creating the conditions for ‘good’ institutions to take root in the global economy and in developing societies. Written by a collection of expert authors, the chapters delve into social processes through which property relations became institutionalized and were used in social action for the appropriation of resources and rent. This was in order to gain a better understanding of the social processes intervening between the institutionalized ‘rules of the game’ and their economic and social outcomes. This collection of essays is of great interest to those who study economic history, historical sociology and economic sociology, as well as Agrarian and rural history.

Author : José E. Alvarez,Herbert and Rose Rubin Professor of Law José E Alvarez,Judith Bauder
Publisher : Oxford University Press
Page : 433 pages
File Size : 42,9 Mb
Release : 2024
Category : Law
ISBN : 9780197751879

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Women's Property Rights Under CEDAW by José E. Alvarez,Herbert and Rose Rubin Professor of Law José E Alvarez,Judith Bauder Pdf

For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.

Author : Deborah Sick
Publisher : Routledge
Page : 214 pages
File Size : 43,5 Mb
Release : 2014-01-10
Category : Business & Economics
ISBN : 9781136029127

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Rural Livelihoods, Regional Economies, and Processes of Change by Deborah Sick Pdf

For centuries, new technologies and expanding networks of production and consumption have been changing the face of rural economies in significant ways. Millions of rural dwellers have found survival increasingly difficult and have fled to urban centres. Others have remained: some retrenching, struggling to just subsist, others attempting to innovatively redefine their place within ‘new’ rural economies. Over the past 30 years, rural economies have largely been ignored by policy makers, but recent growing concerns about food security, environmental degradation, climate change, continued rural poverty, and high rates of out-migration have sparked renewed interest in rural regions. Covering a range of geographical and socio-cultural contexts, the case studies in this book draw on actor-oriented in-depth field studies, which provide detailed, locally focused perspectives on the nature of rural livelihoods today. The collection highlights the ways in which rural livelihoods are being redefined, the multiple ways in which rural dwellers draw on distinct social, cultural and environmental resources to formulate their livelihood strategies, and the factors which facilitate or limit their abilities to do so. This volume will be of interest to development practitioners and policy makers, and scholars working in rural development and economic anthropology.

Author : Allan Charles Dawson,Laura Zanotti,Ismael Vaccaro
Publisher : Routledge
Page : 273 pages
File Size : 47,9 Mb
Release : 2014-07-11
Category : Social Science
ISBN : 9781317800538

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Negotiating Territoriality by Allan Charles Dawson,Laura Zanotti,Ismael Vaccaro Pdf

This edited collection disrupts dominant narratives about space, states, and borders, bringing comparative ethnographic and geographic scholarship in conversation with one another to illuminate the varied ways in which space becomes socialized via political, economic, and cognitive appropriation. Societies must, first and foremost, do more than wrangle over ownership and land rights — they must dwell in space. Yet, historically the interactions between the state’s territorial imperative with previous forms of landscape management have unfolded in a variety of ways, including top-down imposition, resistance, and negotiation between local and external actors. These interactions have resulted in hybrid forms of territoriality, and are often fraught with fundamentally different perceptions of landscape. This book foregrounds these experiences and draws attention to situations in which different social constructions of space and territory coincide, collide, or overlap. Each ethnographic case in this volume presents forms of territoriality that are contingent upon contested histories, politics, landscape, the presence or absence of local heterogeneity and the involvement of multiple external actors with differing motivations — ultimately all resulting in the potential for conflict or collaboration and divergent implications for conceptions of community, autochthony and identity.

Author : Anneke Smit
Publisher : Routledge
Page : 268 pages
File Size : 47,7 Mb
Release : 2012
Category : Law
ISBN : 9780415579605

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The Property Rights of Refugees and Internally Displaced Persons by Anneke Smit Pdf

The Property Rights of Refugees and Internally Displaced Persons: Beyond Restitution pursues a rigorous examination of the various ways in which the protection of housing and property rights can contribute to durable solutions to displacement.

Author : GRAIN,Henk Hobbelink
Publisher : Between the Lines
Page : 216 pages
File Size : 41,7 Mb
Release : 2016-10-10
Category : Science
ISBN : 9781771132886

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The Great Climate Robbery by GRAIN,Henk Hobbelink Pdf

Author : Saturnino M. Borras Jr.,Cristóbal Kay,Edward Lahiff
Publisher : Routledge
Page : 280 pages
File Size : 45,5 Mb
Release : 2013-09-13
Category : Business & Economics
ISBN : 9781317990956

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Market-Led Agrarian Reform by Saturnino M. Borras Jr.,Cristóbal Kay,Edward Lahiff Pdf

Three-fourths of the world’s poor are rural poor. Most of the rural poor remain dependent on land-based livelihoods for their incomes and reproduction despite significant livelihood diversification in recent years. Land issue remains critical to any development discourse today. Market-led agrarian reform (MLAR) has gained prominence since the early 1990s as an alternative to state-led land reforms. This neoliberal policy is based on the inversion of what its proponents see as the features of earlier approaches, and calls for redistribution via privatized, decentralized transactions between ‘willing sellers’ and ‘willing buyers’. Its proponents, especially those associated with the World Bank, have claimed success where the policy has been implemented, but such claims have been contested by independent scholars as well as by peasant movements who are struggling to gain access to land. This book presents three thematic papers and six country studies. The thematic papers address issues of formalisation of property rights, gendered land rights, and neoliberal enclosure. These studies demonstrate the pervasive influence of neoliberal ideas on property rights and rural development debates, well beyond the ‘core’ question of land redistribution. The country cases bring together experiences from Brazil, Guatemala, El Salvador, Philippines, South Africa and Egypt. Common findings include the success of landowners in minimising the impact of reform, and a lack of post-transfer support, translating into marginal impact on poverty. The limitations of the market-led approach, and the implications of the studies presented here for the future of agrarian reform, are considered in the editors’ introduction. This book was a special issue of The Third World Quarterly.

Author : Bill Derman,Anne Hellum,Kristin Sandvik
Publisher : BRILL
Page : 352 pages
File Size : 53,8 Mb
Release : 2013-04-15
Category : Social Science
ISBN : 9789004250130

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Worlds of Human Rights by Bill Derman,Anne Hellum,Kristin Sandvik Pdf

This book engages with contemporary African human rights struggles including land, property, gender equality and legal identity. Through ethnographic field studies it situates claims-making by groups and individuals that have been subject to injustices and abuses, often due to different forms of displacement, in specific geographical, historical and political contexts. Exploring local communities’ complexities and divided interests it addresses the ambiguities and tensions surrounding the processes whereby human rights have been incorporated into legislation, social and economic programs, legal advocacy, land reform, and humanitarian assistance. It shows how existing relations of inequality, domination and control are affected by the opportunities offered by emerging law and governance structures as a plurality of non-state actors enter what previously was considered the sole regulatory domain of the nation state.

Author : Esther Kingston-Mann
Publisher : Routledge
Page : 286 pages
File Size : 53,8 Mb
Release : 2018-01-17
Category : History
ISBN : 9781351690997

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Women, Land Rights and Rural Development by Esther Kingston-Mann Pdf

The failure to include gender in the economic history of rural development has severely limited our understanding of privatizing, collectivist and colonial economic policies that disrupted and transformed the lives of rural women and men in the modern world. This book is unique in its focus on female economic agency, and in its exploration of the latter virtue in comparative historical perspective. It presents the apparently disparate cases of 17th-century England, 20th-century Russia and the Soviet Union, and 20th-century Kenya, as their top-down modernization projects were implemented in similar fashion --particularly in the case of women. The female half of the population was largely absent from contemporary economic databases, but nevertheless stereotyped as obstacles to rational economic decision-making. Introducing rural women and their innovations into male-centered narratives of economic history lays the foundation for a more demographically balanced and realistic understanding of rural behavior and rural development. In this study, women’s labor and land claims are the lens through which both female agency and the delegitimizing of women’s land claims become more visible. Both policy-makers and their leading critics deployed virtually identical language to describe backward, unruly and invariably “unsightly” peasant women.

Author : Philippe Cullet,Sujith Koonan
Publisher : Edward Elgar Publishing
Page : 528 pages
File Size : 44,9 Mb
Release : 2019
Category : Law
ISBN : 9781784717469

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Research Handbook on Law, Environment and the Global South by Philippe Cullet,Sujith Koonan Pdf

This comprehensive Research Handbook offers an innovative analysis of environmental law in the global South and contributes to an important reassessment of some of its major underlying concepts. The Research Handbook discusses areas rarely prioritized in environmental law, such as land rights, and underlines how these intersect with issues including poverty, livelihoods and the use of natural resources, challenging familiar narratives around development and sustainability in this context and providing new insights into environmental justice.

Author : Dan Banik
Publisher : Routledge
Page : 233 pages
File Size : 40,5 Mb
Release : 2016-12-05
Category : Political Science
ISBN : 9781351886932

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The Legal Empowerment Agenda by Dan Banik Pdf

Despite providing society with a set of crucial services, large groups of workers in the informal economy are subject to exclusion and discrimination, and their lives are characterised by various types of vulnerabilities and deprivations that result from the denial of social, economic, political and legal protection. Although not new to the development vocabulary, the informal economy has received renewed attention in recent years largely due to the ILO's 'decent work' agenda and various efforts to promote 'legal empowerment of the poor'. With an explicit focus on labour rights, the book focuses on a nuanced understanding of the regulatory and operational challenges and dilemmas related to implementing the two approaches in selected countries in sub-Saharan Africa. In addition to analyzing structures and relations of power between the formal and the informal economies, the book critically discusses the work of governments, civil society organizations and the poor themselves to address the daily challenges of living in the informal economy.

Author : Hadijah Yahyah,Harald Ginzky,Emmanuel Kasimbazi,Robert Kibugi,Oliver C. Ruppel
Publisher : Springer Nature
Page : 219 pages
File Size : 45,8 Mb
Release : 2020-04-06
Category : Law
ISBN : 9783030360047

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Legal Instruments for Sustainable Soil Management in Africa by Hadijah Yahyah,Harald Ginzky,Emmanuel Kasimbazi,Robert Kibugi,Oliver C. Ruppel Pdf

This book presents an important discussion on future options for sustainable soil management in Africa from various perspectives, including national soil protection regulations, the role of tenure rights, the work of relevant international institutions such as the UNCCD and FAO, and regional and international cooperation. This first volume of the new subseries Regional Perspectives to the International Yearbook of Soil Law and Policy includes contributions by African and international experts alike. Given the range of key topics covered, the book offers an indispensable tool for all academics, legislators and policymakers working in this field. The “International Yearbook of Soil Law and Policy – Regional Perspectives” series discusses central questions in law and politics that concern the protection and sustainable management of soil and land in different regions of the world.