Land Law Reform in Eastern Africa: Traditional or Transformative?

ISBN-13: 9780415833912 / Angielski / Miękka / 2015 / 286 str.

Patrick McAuslan

Opis

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.

Spis treści

Introduction: The general theme and approach of the book; Chapter 1: The colonial land legal heritage of all the countries in the region; Chapter 2: Why the lack of any land reform; Chapter 3: Individualising land tenure in Kenya; Chapter 4: The villagisation approach in Tanzania; Chapter 5: The changed global intellectual climate to land law reform; Chapter 6: Land law reform in Zanzibar; Chapter 7: Land law reform in Mozambique; Chapter 8: Land law reform in Uganda; Chapter 9: Land law reform in Tanzania; Chapter 10: Land law reform in Somaliland; Chapter 11: Land law reform in Rwanda; Chapter 12: Land law reform in Kenya; Chapter 13: Reforms to urban planning laws: a regional perspective; Chapter 14: Gender and land law reform; Chapter 15: Conclusion on the era of reform.

O autorze

Patrick McAuslan MBE is Professor of Law at Birkbeck College, University of London