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Book Book Leiden University catalogue Leiden University catalogue
Title:Legalising land rights: local practices, state responses and tenure security in Africa, Asia and Latin America
Editors:Ubink, Janine M.ISNI
Hoekema, André J.ISNI
Series:Law, governance, and development
City of publisher:Amsterdam
Publisher:Leiden University Press
ISBN:9789087280567; 9789048506699
Geographic terms:Africa
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]