Download or read book Land Matters written by Tembeka Ngcukaitobi and published by Penguin Random House South Africa. This book was released on 2021-04-01 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why has land reform been such a failure in South Africa? Will expropriation without compensation solve the problem? What can be done to get the land programme back on track? In Land Matters, Tembeka Ngcukaitobi tackles the past, present and future of the land question in South Africa. Going back in history, he shows how Africans’ communal systems of landownership were used by colonial rulers to deny that Africans owned the land at all. He explores the effects of the Land Acts, Bantustans and forced removals. And he evaluates the ANC’s policies on land throughout the struggle years, during the negotiations of the 1990s, and in government. Land Matters unpacks the government’s achievements and failures in land redistribution, restitution and tenure reform, and makes suggestions for what needs to be done in future. The book also explores the power of chiefs, the tension between communal landownership and the desire for private title, the failure of the willing-seller, willing-buyer approach, women and land reform, the role of banks, and the debates around amending the Constitution. Steering clear of the simplistic and polarising terms of the land debate, Ngcukaitobi argues for a return to the nuanced constitutional requirements of justice and equity in South Africa’s land policy. Thoughtful and provocative, Land Matters sheds light on one of the most topical, complex and urgent issues in South Africa today.
Download or read book The Law of Expropriation in South Africa written by Marcus Jacobs and published by . This book was released on 1982 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The New Political Economy of Land Reform in South Africa written by Adeoye O. Akinola and published by Springer Nature. This book was released on 2020-09-18 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the new political economy of land reform in South Africa. It takes a holistic approach to understand South Africa’s land reform, assesses the current policy gaps, and suggests ways of filling them. Due to its cross-disciplinary approach, the book will appeal to a broad audience, and will benefit readers from the fields of policy reform, administration, law, political science, political economics, agricultural economics, global politics, resource studies and development studies.
Download or read book The Legitimate Justification of Expropriation written by Björn Hoops and published by . This book was released on 2017 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Property Clauses written by A. Van der Walt and published by Springer. This book was released on 1999-12-09 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitutional entrenchment and protection of property rights has always been a difficult and controversial issue. This new and unique work is more than a collection of cases on constitutional property law, it is an in-depth comparison of constitutional property clauses in jurisdictions around the world. The book consists of three parts: the first chapter contains a general discussion of comparative, theoretical, and analytical issues. The second part consists of eighteen chapters on jurisdictions where the property clause has generated substantial case law and jurisprudence, meriting extensive analysis and discussion. Among the countries discussed are Australia, Japan, Canada, Germany, Switzerland and South Africa. For easy reference the structure of these country-by-country chapters is identical. These chapters not only contain practical, useful legal information but also a normative interpretation of constitutional property clauses in their national and international context. The third and final part of the book contains a collection of 86 property clauses from jurisdictions not included in the country reports. The focus of the book is on comparison, and cross-references assist the reader in finding related cases and issues in other jurisdictions. The book will be of interest to private and public lawyers engaged in international trade and business practices, as well as to scholars of comparative (constitutional) law.
Download or read book Secrets of the Seven Smallest States of Europe written by Thomas M. Eccardt and published by Hippocrene Books. This book was released on 2005 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This unique book examines the history, culture, and inner workings of the seven smallest independent countries in Europe. These are among the oldest states on the continent and, despite their diversity, they have much in common. Most have relatively high per capita incomes and life expectancies, and relatively low unemployment. This narrative presents the unique issues that confront small countries, including maintaining their independence, economic viability, preserving their native languages, and sustaining their governments. The second part of the book describes each microstate in turn, showing how each one has met these challenges and adapted over time. These concise and engaging chapters contain cultural information on subjects including the arts, gastronomy, and popular tourist sites."--Provided by publisher.
Download or read book Land Rights and Expropriation in Ethiopia written by Daniel W. Ambaye and published by Springer. This book was released on 2015-02-13 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis provides a new approach to the Ethiopian Land Law debate. The basic argument made in this thesis is that even if the Ethiopian Constitution provides and guarantees common ownership of land (together with the state) to the people, this right has not been fully realized whether in terms of land accessibility, enjoyability, and payment of fair compensation in the event of expropriation. Expropriation is an inherent power of the state to acquire land for public purpose activities. It is an important development tool in a country such as Ethiopia where expropriation remains the only method to acquire land. Furthermore, the two preconditions of payment of fair compensation and existence of public purpose justifications are not strictly followed in Ethiopia. The state remains the sole beneficiary of the process by capturing the full profit of land value, while paying inadequate compensation to those who cede their land by expropriation. Secondly, the broader public purpose power of the state in expropriating the land for unlimited activities puts the property owners under imminent risk of expropriation.
Download or read book Land Memory Reconstruction and Justice written by Cherryl Walker and published by Ohio University Press. This book was released on 2010-08-17 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: In South Africa land is one of the most significant and controversial topics. Land restitution has been a complex, multidimensional process that has failed to meet the expectations with which it was initially launched in 1994. Land, Memory, Reconstruction, and Justice brings together a wealth of topical material and case studies by leading experts in the field who present a rich mix of perspectives from politics, sociology, geography, social anthropology, law, history, and agricultural economics. The collection addresses both the material and the symbolic dimensions of land claims, in rural and urban contexts, and explores the complex intersection of issues confronting the restitution program, from the promotion of livelihoods to questions of rights, identity, and transitional justice.
Download or read book South Africa s Bantustans written by Bertil Egerö and published by Nordic Africa Institute. This book was released on 1991 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the possible future of the "homelands" or "bantustans".
Download or read book The Constitution of the Republic of South Africa 1996 written by South Africa and published by . This book was released on 2012 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Property Law written by Andries Johannes Van der Walt and published by . This book was released on 2005 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Successor to the 1997 publication : The constitutional property clause : a comparative analysis of section 25 of the South African Constitution of 1996.
Download or read book The BRICS in the New International Legal Order on Investment written by Congyan Cai and published by BRILL. This book was released on 2020-03-31 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The BRICS in the New International Legal Order on Investment: Reformers or Disruptors is written by international experts with BRICS backgrounds. The book investigates why and how the BRICS countries modernize their approach to the investment treaty regime. The chapters are organized by BRICS countries and discuss whether they can develop a common approach to investment treaties as well as what these countries will bring to the investment treaty regime in the future. The volume provides important perspectives on how the BRICS, an emerging power hub in international society, engage in the international legal order.
Download or read book Introduction to the Law of South Africa written by C. G. Van der Merwe and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of an established Series which introduces various legal systems of the world. It provides an authoritative and accessible overview of the main branches of South African public, private and commercial law. Offering insight into the rich system of South African law, this title will be of particular interest to the international legal community. The South African legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a post-apartheid South Africa. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Many of the contributors have published work in their own fields and have considerable experience of presenting their subject matter in a broader comparative perspective. The succinct and balanced nature of the contributions makes this title attractive to a wide audience of academics, students and practitioners with an interest in this remarkable legal system.
Download or read book Regulatory Freedom and Indirect Expropriation in Investment Arbitration written by Aniruddha Rajput and published by Kluwer Law International B.V.. This book was released on 2018-12-20 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years States have been trying to clarify the relationship between regulatory freedom (also known as 'police powers') and indirect expropriation by revising provisions on indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals. The nature of regulatory freedom in international law has been explained on the bases of jurisprudence of international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organisation (WTO), European Court of Human Rights. While showing how cases involving standoff between regulatory freedom and indirect expropriation can be resolved in practice, the book goes on to present a conceptual framework for interpreting the nuances of this relationship. The book provides a detailed responses to the following complex questions: • To what extent do states retain regulatory freedom after entering into investment treaties? • What is the scope of regulatory freedom in general public international law? • What are the elements of regulatory freedom and standard of review? • How to draw a dividing line between regulatory freedom and indirect expropriation? • Whether the sole effects doctrine or the police powers is the appropriate method for distinguishing between regulatory freedom and indirect expropriation? While addressing these questions, the author analyses different theoretical approaches that reflect upon the relationship between regulatory freedom and indirect expropriation and how far they assist in understanding these potentially overlapping concepts; their relationship with each other; and the method for distinguishing between them. Given the dense network of around three thousand bilateral investment treaties (BITs) that impose an obligation to protect foreign investments in a State, this book will help practitioners identify, through analysis of cases from diverse fields, how a situation may be categorized either as regulatory freedom or as indirect expropriation. The analysis will also be of value to government officials and lawyers involved in negotiating and re-negotiating investment treaties, and to arbitrators who have to decide these issues. Scholars will welcome the book's keen insight into the contentious relationship between a customary international law norm and a treaty norm.
Download or read book Reconceptualizing International Investment Law from the Global South written by Fabio Morosini and published by Cambridge University Press. This book was released on 2017-10-26 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how the reform in investment regulation contributes to a broader attempt to transform the international economic order.
Download or read book The Law of Property Valuation and Planning in South Africa written by A.J. JONKER and published by Partridge Africa. This book was released on 2014-09-26 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the knowledge needed for expert property valuation in line with the requirements of the Valuers Act. But the scope of its contents is not confined to the needs of the professional valuers and students; it will prove to be very valuable to all property people: estate agents, attorneys, quantity surveyors, architects, and property practitioners in general.
Download or read book White Paper on South African Land Policy written by South Africa. Department of Land Affairs and published by Department of Land Affairs. This book was released on 1997 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
