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Re-conceiving Property Rights in the New Millennium - Towards a New Sustainable Land Relations Policy (Paperback)
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Re-conceiving Property Rights in the New Millennium - Towards a New Sustainable Land Relations Policy (Paperback)
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This book constitutes Volume II of a set of two Volumes. Volume II
considers the possibility of a new, sustainable land relations
policy for Southern African Development Community States (SADC)
that are currently mired up in land disputes that have become
subject of domestic, regional and international tribunals,
including the SADC Tribunal and the Washington based International
Centre for the Settlement of Investment Disputes (ICSID). It shows
that land relations in the SADC have always been, and will perhaps
remain a matter for constitutional regulation. Because
constitutional laws defer to no other laws except by constitutional
design, legal contests appear to be the least likely means by which
these disputes will eventually be settled in the sub-region. Only
human rights inspired policies that respond to the call for social
justice by acknowledging both the current and the underlying
contexts to the disputes, and also to the developmental aspirations
of these States hold the most potential to resolve these disputes.
The book recommends efficient pedagogical counter-apartheid-rule
psychological distortions regarding the significance of human
dignity (PECAPDISH) as a pre-requisite and corollary to the
dismantling of the salient physical legacy of apartheid-rule in
affected SADC States. The book shows that PECAPDISH's potential and
benefits would be enormous.
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