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This book constitutes volume two of a two volume examination of development community land issues in Southern Africa. Following from volume one Southern African Development Community Land Issues, this book 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. Chigara demonstrates that land relations in the SADC have always been, and will perhaps remain, a matter for constitutional regulation. Because constitutional laws are distinctive from other laws only by constitutional design, legal contests appear to be the least likely means for settlement 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, 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. The book will be of interest to students and researchers of Property and Conveyancing Law, Human Rights Law, and Land Law.
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.
This book constitutes Volume I of a set of two Volumes. Volume I attempts a holistic inter-disciplinary evaluation of the legitimacy of colonial and emergent post-colonial rule property rights in affected States of the Southern African Development Community (SADC) in light of intensifying litigation in national courts, the SADC Tribunal, and more recently the Washington based International Centre for the Settlement of Investment Disputes (ICSID) regarding counter claims to title to property. Cultural, economic and political drivers at the core of SADC land issues are examined for their significance and potential to contribute to the discovery of a new, sustainable land relations policy that guarantees social justice in the distribution of all the advantages and disadvantages relating to the allocation and use of land. The book shows that persistent systematic administrative failures by pre-colonial, colonial and post-colonial authorities have made for a very complex challenge that requires Solomonic tools that neither the Courts alone, nor human rights centric morality alone could resolutely attend. Therefore, the book recommends a sophisticated systematic new approach to SADC land issues. That approach is developed in Volume II of this series: Re-conceiving Property Rights in the new millennium - Towards a New Sustainable Land Relations Policy.
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