Download or read book Resolving land disputes through alternative dispute resolution ADR An overview of Tanzania s legal framework written by Burhani Kishenyi and published by GRIN Verlag. This book was released on 2017-05-15 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, , course: Master of Laws in Mediation and Arbitration, language: English, abstract: Upon reform of land laws in 1999 following the National Land Policy of 1995 the new system for adjudication on land disputes aimed at adopting a procedure which is not tied to legal technicalities and that which is not strictly bound by rules of practice or procedure but which aims at delivering substantial justice. That’s why land laws embody some forms of ADR. The main purpose of this study was therefore to examine the effectiveness of ADR legal framework in Tanzania and how useful it is in resolving land disputes. ADR processes currently in use in Tanzania are critically examined and their shortcomings reviewed. The legal framework for ADR and the role they play in providing the supporting structure for land dispute resolution are evaluated. Future prospects for ADR are indicated and recommendations for successful implementation of ADR in resolving land disputes are given. The study has revealed that despite the specialized court system for land disputes settlement there is no distinct legal regime for use of ADR at all levels of land dispute settlement machinery. The only method of ADR in use at the High Court level is mediation through court annexed mediation like in any other civil cases though there are no procedural Rules guiding the same. Negotiation is rarely used where parties to the dispute opt to resolve the matter out of court and then file a deed of settlement in court.
Download or read book Alternative Dispute Resolution in Tanzania written by J. Mashamba and published by African Books Collective. This book was released on 2014-09-02 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.
Download or read book Alternative Disputes Resolution in Tanzania Modes and Challenges written by Datius Didace and published by GRIN Verlag. This book was released on 2022-09-02 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2022 in the subject Law - Public Law / Miscellaneous, grade: 1, Mzumbe University (FACULTY OF LAW), language: English, abstract: This paper intends to discuss the challenges facing of alternative dispute resolutions in Tanzania. In doing so the work will explore the meaning of Alternative Dispute Resolution, brief history of Alternative Dispute Resolution, thereafter modes of alternative dispute resolution currently used in Tanzania, and lastly I’m going to discuss the challenges facing alternative dispute resolution (ADR) in Tanzania. It is unarguable fact that, disputes are one amongst the issues which are likely to appear where there are more than one individual occupying a certain geographical location. Basically, conflicts arise out of a misunderstanding between two or more individuals. Nevertheless, the existence of conflicts or disputes presupposes the existence of methods of settling them, the United Republic of Tanzania disciples the common law legal system which is believed to be the legacy of the British colonialists, Generally, the common law legal system is featured by adversarial mode of disputes settlement. The common way of settling dispute under this mode is by way of court litigation or adjudication. The end product of the system is in the form of winner takes all and loser loses all. However, this justifies the arguments raised by peoples that, the adversarial mode of dispute settlement spices enmity amongst the disputants rather than shipping them to the safe coast. Actually, this is one amongst the reasons for the adoption of the Alternative Disputes Resolutions (hereinafter referred to as ADR) as another form of settling disputes. ADR encourages disputants to settle their disputes out of the court. There are several modes under ADR including but limited to mediation, arbitration, negotiation and early neutral case evaluation. But frankly speaking, methods introduced under ADR were applicable during the pre-colonial era in Tanzania.
Download or read book Alternative Dispute Resolution and Peace building in Africa written by Ernest E. Uwazie and published by Cambridge Scholars Publishing. This book was released on 2014-06-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts in Africa have a great deal in common, and striking parallels can be drawn between them at all levels. Dynamics affecting the most complex war-time conflicts, civil unrest and other macro disputes are in play even in the smallest community conflicts. The converse is also true: lessons learned through community mediation, for example in South Africa, are applicable to the most complex and largest conflicts to be found on the continent. Together, the eleven chapters in this publication, in addition to the prologue and epilogue, suggest that a comprehensive assessment of efforts and investments in conflict resolution and peace studies in Africa since the mid-1990s is due in order to identify lessons and challenges, as well as best practices. Just as conflict dynamics are comparable between African conflicts, whether large or small, local or international, so are alternative dispute resolution processes. Effective approaches to resolving large-scale conflicts and civil wars are effective at the community level, and ineffectual techniques at the community level are just as likely to be counter-productive in mediating international disputes. While there may be some differences in mediating macro- and micro-conflicts (such as the time required, the need for negotiation teams, and the complexities of agenda development or pre-negotiations), as far as the mediation process is concerned, the differences are more like variations on a theme than real substantive dissimilarities. This volume provides case studies of programs and policies, and legislations on alternative dispute resolution and peace building, and examines and proposes some new, promising ideas for conflict prevention, as well as maintenance of peace, justice and security in Africa.
Download or read book The Land Governance Assessment Framework written by Klaus Deininger and published by World Bank Publications. This book was released on 2012 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increased global demand for land posits the need for well-designed country-level land policies to protect long-held rights, facilitate land access and address any constraints that land policy may pose for broader growth. While the implementation of land reforms can be a lengthy process, the need to swiftly identify key land policy challenges and devise responses that allow the monitoring of progress, in a way that minimizes conflicts and supports broader development goals, is clear. The Land Governance Assessment Framework (LGAF) makes a substantive contribution to the land sector by providing a quick and innovative tool to monitor land governance at the country level. The LGAF offers a comprehensive diagnostic tool that covers five main areas for policy intervention: Legal and institutional framework; Land use planning, management and taxation; Management of public land; Public provision of land information; and Dispute resolution and conflict management. The LGAF assesses these areas through a set of detailed indicators that are rated on a scale of pre-coded statements (from lack of good governance to good practice). While land governance can be highly technical in nature and tends to be addressed in a partial and sporadic manner, the LGAF posits a tool for a comprehensive assessment, taking into account the broad range of issues that land governance encompasses, while enabling those unfamiliar with land to grasp its full complexity. The LGAF will make it possible for policymakers to make sense of the technical levels of the land sector, benchmark governance, identify areas that require further attention and monitor progress. It is intended to assist countries in prioritizing reforms in the land sector by providing a holistic diagnostic review that can inform policy dialogue in a clear and targeted manner. In addition to presenting the LGAF tool, this book includes detailed case studies on its implementation in five selected countries: Peru, the Kyrgyz Republic, Ethiopia, Indonesia and Tanzania.
Download or read book Land Use Problems and Conflicts written by John C. Bergstrom and published by Routledge. This book was released on 2004-08-02 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: The causes, consequences and control of land use change have become topics of enormous importance in contemporary society. Not only is urban land use and sprawl a hot-button issue, but issues of rural land use have also been in the headlines. Policy makers and citizens are starting to realize that many environmental and economic issues have the question of land use at their very core. Comprising papers from a conference sponsored by the Northeast Regional Center for Rural Development, Land Use Problems and Conflicts draws together some of the most up-to-date research in this area. Sections are devoted to problems in the United States and Europe, the consequences of such problems, land use-related data and alternative solutions to conflict. With a lineup including some of the best scholarship on this subject to date, this volume will be of use to those studying environmental and land use issues in addition to policy makers and economists.
Download or read book Prospects in International Investment Law and Policy written by Roberto Echandi and published by Cambridge University Press. This book was released on 2013-04-18 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses the most central debates in contemporary investment law and policy.
Download or read book Tax Dispute Settlement Procedures in Tanzania written by Francis Mbago and published by GRIN Verlag. This book was released on 2018-08-31 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2018 in the subject Law - Miscellaneous, , course: LLB, language: English, abstract: Tax dispute implies the general conflict or disagreement between tax authority and tax payer arising from the decision of commissioner general. Such disagreement is normally caused by either poor interpretation of statutes or tax avoidance. Tax Payment is a mandatory requirement for every person who has income derived either from employment, business or investment in the year of income as provided under section 4 of Income Tax Act In a general sense, a tax is any contribution imposed by the government upon individuals, for the use and service of the state, whether under the name of toll, tribute, tallage, gabel, impost, duty, or other name. The discussion on Tax Dispute Mechanism is important phenomena following the fact that its implications amounts to costly outcome financially especially to tax payers and the government as well. Such discussion is even more relevant now given the fact that the current government focuses much on tax collection having zero tolerance on non-compliance with tax laws This presents is categorized into six main parts, where part of this of work introduces the concept of tax, its legal justification, legality and the relevancy of taxation. Part two discusses the general context of Tax Dispute Mechanism, legality and fairness principle with regards to the Tax Statutes. Parts three ponders on the procedures on Tax Dispute. Part four details the procedures of institution of appeal to the Board, whereas part five details procedures of institution appeal to the Tribunal and Finally Part Six concludes the work. Tax collection is mandated to TRA and its implementation lies on various tax officers and commissioners. Tax decisions in Tanzania are in the legal capacity of the Commissioner General of TRA. The knowledge of Tax Dispute Settlement is an important phenomenon to both tax authority and tax payers as it fosters efficiency in Tax Administration. With that view these presents intends to discuss tax disputes mechanisms in Tanzania with the precise intent of ushering knowledge of procedures with regards to tax dispute settlement mechanism.
Download or read book Culture in the Domains of Law written by René Provost and published by Cambridge University Press. This book was released on 2017-02-02 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines whether law, as a cultural practice, can apply across cultural boundaries to bind people with vastly different beliefs and practices.
Download or read book Fintech in Islamic Finance written by Umar A. Oseni and published by Routledge. This book was released on 2019-06-07 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring high-level analysis of Islamic law, this book examines fintech in Islamic finance from both theoretical and empirical perspectives. Whilst building on existing approaches, it also discusses the current application of fintech in promoting financial inclusion through innovative solutions in Muslim-majority countries, identifying future directions for policy-makers. With original chapters written by prominent academics, senior lawyers and practitioners in the global Islamic finance industry, this book serves as the first standalone pioneering reference work on fintech in Islamic finance. It also, for the first time, examines the position of Islamic law on cryptocurrencies, such as bitcoin. Besides the conceptual analysis of the Sharīʿah and legal aspects of fintech in Islamic finance, this book provides relevant case studies showing current and potential developments in the application of fintech in various sectors ranging from crowdfunding and smart contracts, to Online Dispute Resolution, Investment Account Platform and identity verification in the KYC process. Setting the agenda for researchers in the field, Fintech in Islamic Finance will be useful to students and scholars of Islamic finance and financial technology.
Download or read book Mediation Negotiation and Arbitration written by Ebrahim Patelia and published by . This book was released on 2014 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guide to WIPO Mediation written by and published by . This book was released on 1996 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book OECD Investment Policy Reviews Tanzania 2013 written by OECD and published by OECD Publishing. This book was released on 2013-12-23 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This review of investment policy in Tanzania evaluates the current policy situation and makes recommendations for enabling Tanzania to attract higher investment to exploit its full potential and become a regional trade and investment hub.
Download or read book Informal Justice written by Roger Matthews and published by SAGE Publications Limited. This book was released on 1988 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Informal forms of justice such as mediation have been greeted enthusiastically as progress from the punishment model of justice -- and criticised as broadening rather than narrowing the reach of the criminal justice system. Here the contributors assess the evidence and re-appraise the theory of informalism.
Download or read book Doing Business 2020 written by World Bank and published by World Bank Publications. This book was released on 2019-11-21 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.
Download or read book Working with Customary Justice Systems written by Erica Harper and published by . This book was released on 2011 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Working with Customary Justice Systems: Post-conflict and Fragile States is a collection of articles from the 'Legal Empowerment and Customary Law Research Grants' program, where seven bursaries were awarded to scholar-practitioners to develop and conduct empirically grounded and evidence-based research programs to evaluate the impact of an empowerment-based initiative involving customary justice. The case studies illustrate that what is effective is situation-specific and contingent upon a variety of factors including, among others, social norms, the presence and strength of a rule of law culture, socioeconomic realities and national and geo-politics"--Provided by publisher.
Download or read book International Arbitration and the COVID 19 Revolution written by Maxi Scherer and published by Kluwer Law International B.V.. This book was released on 2020-11-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.
