Beyond Expropriation Without Compensation


Beyond Expropriation Without Compensation
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Beyond Expropriation Without Compensation


Beyond Expropriation Without Compensation
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Author : Olaf Zenker
language : en
Publisher: Cambridge University Press
Release Date : 2024-06

Beyond Expropriation Without Compensation written by Olaf Zenker and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06 with Law categories.


"This book will appeal to scholars, students, policymakers and readers interested in the contribution of land reform and constitutional law to redistributive justice. An interdisciplinary team of experts, united in their commitment to redistributive justice, explore the complexity of issues in critical, constructive and creative ways"--



Beyond Expropriation Without Compensation


Beyond Expropriation Without Compensation
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Author : Olaf Zenker
language : en
Publisher: Cambridge University Press
Release Date : 2024-04-04

Beyond Expropriation Without Compensation written by Olaf Zenker and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-04 with Law categories.


Speeding up land reform through a constitutional amendment that would explicitly permit the expropriation of land without compensation has dominated legal and political-policy debates in South Africa in recent years. Taking this politically and emotionally charged issue as its starting point, this volume offers both expert commentary on this issue from a variety of disciplinary perspectives and also fresh ideas on how to advance the redistributive transformation that South Africa so urgently needs. It brings critically important debates around transformative property law, the need for diversified land justice and the possibilities of alternative forms of redistribution into productive conversation with each other. While grounded in the complex realities of South Africa's past and present, the volume speaks to concerns that resonate in many contexts in the Global South and beyond. It will appeal to scholars, students, policymakers and general readers concerned with both the theory and practice of redistributive justice. This title is also available as Open Access on Cambridge Core.



Land Matters


Land Matters
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Author : Tembeka Ngcukaitobi
language : en
Publisher: Penguin Random House South Africa
Release Date : 2021-04-15

Land Matters written by Tembeka Ngcukaitobi and has been published by Penguin Random House South Africa this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-15 with Political Science categories.


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.



International Protection Of Investments


International Protection Of Investments
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Author : August Reinisch
language : en
Publisher: Cambridge University Press
Release Date : 2020-06-30

International Protection Of Investments written by August Reinisch and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-30 with Law categories.


This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.



General Principles Of Law And International Investment Arbitration


General Principles Of Law And International Investment Arbitration
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Author : Andrea Gattini
language : en
Publisher: BRILL
Release Date : 2018-06-01

General Principles Of Law And International Investment Arbitration written by Andrea Gattini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-01 with Law categories.


In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.



The Land Question In South Africa


The Land Question In South Africa
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Author : Lungisile Ntsebeza
language : en
Publisher: HSRC Press
Release Date : 2007

The Land Question In South Africa written by Lungisile Ntsebeza and has been published by HSRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with History categories.


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Metropolis And Beyond


Metropolis And Beyond
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Author : Hans Blumenfeld
language : en
Publisher: New York ; Toronto : Wiley
Release Date : 1979

Metropolis And Beyond written by Hans Blumenfeld and has been published by New York ; Toronto : Wiley this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Social Science categories.




Land Tenure Challenges In Africa


Land Tenure Challenges In Africa
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Author : Horman Chitonge
language : en
Publisher: Springer Nature
Release Date : 2022-01-01

Land Tenure Challenges In Africa written by Horman Chitonge and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-01 with Science categories.


This book provides a significant contribution to the literature on land reform in various African contexts. While the economic evidence is clear that secure property rights are a necessary condition for catalysing broad-based economic development, the governance process by which those rights are secured is less clear. This book details the historical complexity of land rights and the importance of understanding this history in the process of trying to improve tenure security. Through a combination of single country case studies, comparative case studies and regional comparisons, the book is unequivocal that good governance is paramount for improving the performance of land reform programmes. All attempts at moving towards more formal secure tenure require congruence with informal norms, beliefs and values, and a set of clear systems and processes to avoid corruption and unintended negative consequences.



Land And Agrarian Reform In Zimbabwe


Land And Agrarian Reform In Zimbabwe
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Author : Sam Moyo
language : en
Publisher: African Books Collective
Release Date : 2013

Land And Agrarian Reform In Zimbabwe written by Sam Moyo and has been published by African Books Collective this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Business & Economics categories.


The Fast Track Land Reform Programme implemented during the 2000s in Zimbabwe represents the only instance of radical redistributive land reforms since the end of the Cold War. It reversed the racially-skewed agrarian structure and discriminatory land tenures inherited from colonial rule. The land reform also radicalised the state towards a nationalist, introverted accumulation strategy, against a broad array of unilateral Western sanctions. Indeed, Zimbabwe's land reform, in its social and political dynamics, must be compared to the leading land reforms of the twentieth century, which include those of Mexico, Russia, China, Japan, South Korea, Taiwan, Cuba and Mozambique. The fact that the Zimbabwe case has not been recognised as vanguard nationalism has much to do with the 'intellectual structural adjustment' which has accompanied neoliberalism and a hostile media campaign. This has entailed dubious theories of ëneopatrimonialismí, which reduce African politics and the state to endemic ëcorruptioní, ëpatronageí, and ëtribalismí while overstating the virtues of neoliberal good governance. Under this racist repertoire, it has been impossible to see class politics, mass mobilisation and resistance, let alone believe that something progressive can occur in Africa. This book comes to a conclusion that the Zimbabwe land reform represents a new form of resistance with distinct and innovative characteristics when compared to other cases of radicalisation, reform and resistance. The process of reform and resistance has entailed the deliberate creation of a tri-modal agrarian structure to accommodate and balance the interests of various domestic classes, the progressive restructuring of labour relations and agrarian markets, the continuing pressures for radical reforms (through the indigenisation of mining and other sectors), and the rise of extensive, albeit relatively weak, producer cooperative structures. The book also highlights some of the resonances between the Zimbabwean land struggles and those on the continent, as well as in the South in general, arguing that there are some convergences and divergences worthy of intellectual attention. The book thus calls for greater endogenous empirical research which overcomes the pre-occupation with failed interpretations of the nature of the state and agency in Africa.



Beyond Neoclassical Economics


Beyond Neoclassical Economics
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Author : Fred E. Foldvary
language : en
Publisher: Edward Elgar Publishing
Release Date : 1996

Beyond Neoclassical Economics written by Fred E. Foldvary and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Business & Economics categories.


This introduction to the main heterodox schools of economic thought examines their main concepts and their critiques of mainstream theory. The schools examined include Austrian economics, geo-economics, the Virginia school of political economy, feminist economics, humanist economics, institutional economics, and nondeterminist Marxism. The aim of these essays is to understand the ideas and methodology of these approaches, and also to explain why there are different approaches to economics, and how the various schools relate to each other.