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Book | Leiden University catalogue |
Title: | Legalising land rights: local practices, state responses and tenure security in Africa, Asia and Latin America |
Editors: | Ubink, Janine M. Hoekema, André J. |
Year: | 2009 |
Pages: | 618 |
Language: | English |
Series: | Law, governance, and development |
City of publisher: | Amsterdam |
Publisher: | Leiden University Press |
ISBN: | 9789087280567; 9789048506699 |
Geographic terms: | Africa Ethiopia Ghana Namibia Senegal Asia Latin America |
Subjects: | land reform land tenure land law customary law land registration |
Abstract: | Disappointment with State-led individual titling and registration approaches to the formalization of property rights, together with the realization that some State regulation is desirable to prevent the usurpation of rights by local power holders, have led to a search for 'a third way' or 'a new paradigm' in land tenure regulation that will reconcile State perspectives of a programmatic, national and legal nature with local land rights and allocation processes. The main debate in the present collective volume focuses on the relationship between legalization on the one hand, and tenure security, legal security, investment, marketization and productivity on the other. The volume contains eleven case studies that deal with urban, periurban and rural land, and that focus on agricultural as well as residential land use. The case studies examine the different designs of land tenure legalizations, the justifications and objectives for the legalization processes, and their effects on tenure security and on the vulnerability of smallholders to losing their land rights. They furthermore identify the winners and the losers of the legalization processes and the challenges that need to be addressed to improve the tenure security of smallholders. The countries selected - Ethiopia, Ghana, Namibia, Senegal, Bolivia, Mexico, China and Indonesia - include various degrees of recognition of customary law, of democratic decentralization, of State interventionist control, as well as different colonial legal backgrounds. Contributors of case studies on African countries: Kojo Sebastian Amanor (Ghana), Dessalegn Rahmato (Ethiopia), John Eichelsheim (Senegal), Gerti Hesseling (Senegal), Marco Lankhorst (Namibia), Janine Ubink (Ghana), Muriël Veldman (Namibia). [ASC Leiden abstract] |