The monograph studies the key aspects of land law of African countries, customary land tenure laws, customary rights to water, forest, cattle grazing; the influence of colonial epoch on customary land tenure systems, and the rights of African women to land. Characteristic features of land and water rights under Islamic law are provided. The current state of formal land law in the countries of North, West, Central, and East Africa is analyzed, including the following: the right of ownership to land and other natural resources, types of various rights to land and natural resources, and the relationship of formal law and customary land tenure systems. For students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in land, civil law and comparative legal studies.

Land Law Reform in East Africa reviews development and changes in the statutory land laws of 7 countries in Eastern Africa over the period 1961 – 2011. The book is divided into two parts. Part 1 sets up the conceptual framework for consideration of the reforms, and pursues a contrast between transformational and traditional developments; where the former aim at change designed to ensure social justice in land laws, and the latter aim to continue the overall thrust of colonial approaches to land laws and land administration. Part 2 provides an in-depth and critical survey of the land law reforms introduced into each country during the era of land law reform which commenced around 1990. The overall effect of the reforms has, Patrick McAuslan argues, been traditional: it was colonial policy to move towards land markets, individualisation of land tenure and the demise of customary tenure, all of which characterise the post 1990 reforms. The culmination of over 50 years of working in this area, Land Law Reform in East Africa will be invaluable reading for scholars of land law, and of law and development more generally.

African legal realities reflect an intertwining of transnational, regional, and local normative frameworks, institutions, and practices that challenge the idea of the sovereign territorial state. This book analyses the novel constellations of governance actors and conditions under which they interact and compete. The work follows a spatial approach as the emphasis on normative spaces opens avenues to better understand power relations, processes of institutionalization, and the production of legitimacy and normativities themselves. Selected case studies from thirteen African countries deliver new empirical data and grounded insights from, and into, particular normative spaces. The individual chapters explore the interrelationships between various normative orders, diverse actors, and their influences. The encounters between different normative understandings and actors open up space and multiple forums for negotiating values. The authors analyse how different doctrines, institutions, and practices are constructed, contested, negotiated, and adapted in translation processes and thereby continuously reshape Africa’s multidimensional normative spaces. The volume delivers nuanced views of jurisprudence in Africa and presents an excellent resource for scholars and students of anthropology, legal geography, legal studies, sociology, political sciences, international relations, African studies, and anyone wishing to gain a better understanding of how legal constellations are shaped by unreflected assumptions about the state and the rule of law.

Decentralization reforms introduced to Africa in the 1990s have not always delivered the intended long-term outcomes. This is a collection on the consequences of these reforms two decades on. In addition to general and comparative overviews, the book contains case studies on Ghana, Senegal, Zimbabwe, Namibia, Ethiopia, and Uganda. The common theme across the chapters is that the reforms seem to have engendered political consequences beyond decentralization itself – mostly through interaction with the broader historical, political, social, and economic context. The book thus speaks both to the scholarly literature (on decentralization, democratization, and development) and to the community of development practitioners. Most of the literature on decentralization and development emphasizes questions of institutional design and policy, but here the harder-to-pin-down political patterns marking the workings of decentralization are the main focus of analysis. The debates on development, through the case studies, are connected to the scholarly literatures on comparative federalism, comparative decentralization, and local democracy. The main conclusion that emerges from the studies in the book is that no magic formula that can turn countries into peaceful, stable, and prosperous democracies overnight exists. Furthermore, there are risks involved in importing formal institutions without regard to the local historical, political, social, and economic context. The chapters of this book were originally published as a special issue in Regional and Federal Studies.

Critical Issues in Nigerian Property Law, a collection of writings in honour of Professor Jelili Adebisi Omotola, SAN, a former Vice Chancellor of the University of Lagos, who died on the 29th of March 2006, has ten chapters that closely examine not only the current state of Property Law in Nigeria, but also recent developments and other challenges that have surfaced since the infamous Land Use Act of 1999. The book is clearly a useful contribution to a growing body of knowledge on property law and practice in Nigeria.

This collection clarifies the background of land and property problems in conflict-affected settings, and explores appropriate policy measures for peace-building. While land and property problems exist in any society, they can be particularly exacerbated in conflict-affected settings – characterized by unstable security, weak governance, loss of proper documentation as well as the return of refugees and Internally Displaced Persons. Unless these problems are properly addressed, they can destabilize fragile political order and hinder economic recovery. Although tackling land and property problems is an important challenge for peace-building, it has been relatively neglected in recent debates about liberal peace-building as a result of the strong focus on state-level institution building, such as security sector reforms and transitional justice. Using rich original data from eight conflict-affected countries, this book examines the topic from the viewpoint of State-society relationship. In contrast to previous literature, this volume analyses land and property problems in conflict-afflicted areas from a long-term perspective of state-building and economic development, rather than concentrating only on the immediate aftermath of the conflict. The long-term perspective enables not only an understanding of the root causes of the property problems in conflict-affected countries, but also elaboration of effective policy measures for peace. Contributors are area specialists and the eight case study countries have been carefully selected for comparative study. The collection applies a common framework to a diverse group of countries – South Sudan, Uganda, Rwanda, Burundi, Cambodia, Timor-Leste, Colombia, and Bosnia-Herzegovina.

Cities in Sub-Saharan Africa are unequally confronted with social, economic and environmental challenges, particularly those related with population growth, urban sprawl, and informality. This complex and uneven African urban condition requires an open discussion of past and current urban planning practices and future reforms. Urban Planning in Sub-Saharan Africa gives a broad perspective of the history of urban planning in Sub-Saharan Africa and a critical view of issues, problems, challenges and opportunities confronting urban policy makers. The book examines the rich variety of planning cultures in Africa, offers a unique view on the introduction and development of urban planning in Sub-Saharan Africa, and makes a significant contribution against the tendency to over-generalize Africa’s urban problems and Africa’s urban planning practices. Urban Planning in Sub-Saharan Africa is written for postgraduate students and advanced undergraduates, researchers, planners and other policy makers in the multidisciplinary field of Urban Planning, in particular for those working in Spatial Planning, Architecture, Geography, and History.

The last couple of decades has not only witnessed an increased convergence between human rights and development but also a significant shift towards rights-based approaches to development, including especially responsiveness to the fact that development in itself is a human right guaranteed to be enjoyed by all peoples. This edited volume of peer-reviewed papers constitutes the first product resulting from the annual international conference series on the right to development, organised by the Centre for Human Rights, University of Pretoria, and the Thabo Mbeki African Leadership Institute at the University of South Africa. It explores the complex nature of the right to development from a diversified perspective, including from a conceptual, thematic, country and regional points of view. Conceived with the purpose to overshadow dominant economic growth approaches to development, the perspectives on the right to development articulated in this publication seek to locate the developmentalist discourse within the framework of accountability and people-centred development programming, necessitating appropriate policy formulation to ensure the constant improvement in human well-being. The book is written with the aim to reach out to researchers, academics, practitioners and policy makers who desire an in-depth understanding of the right to development as it applies universally.