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Land Law Reform in East Africa: Traditional or Transformative?


ISBN13: 9780415833912
Published: November 2014
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2013)
Price: £37.99
Hardback edition , ISBN13 9780415831437



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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.

Subjects:
Other Jurisdictions , Africa
Contents:
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.