Reforms to improve poor people’s access to justice and to promote their legal empowerment comprise the latest trend in legal development cooperation. This volume answers a number of basic questions about this new trend, such as access to justice and legal empowerment entail and its importance; the obstacles the poor and marginalised face in seeking justice and empowerment through the legal sy…
The contributions to this essential volume critically examine ideas on customary land tenure in Ghana. They analyse the relations between the customary and statutory tenure and the institutional interactions between the state and traditional authorities in land administration, addressing issues of power, economic interests, transparency, accountability, conflicts and notions of social justice, …
These farmers have been working this land for generations. But they have no papers. So the government may clear this land for a project. People fear they will be chased away.” Such stories can be heard every day in Africa, Asia and Latin America. They demonstrate the insecurity of rural smallholders who are threatened with eviction without proper compensation. The ‘project’ may be large-s…
Most of the world's estimated 1.4 billion poorest people are still rural. Yet the majority lack ownership (or any secure rights) to the land that is their principal source of livelihood. Although land law and related reforms have transformed the lives of millions of families by providing secure land rights, not all such efforts have succeeded. Over the years, the conventional wisdom concerning …
This book is an ambitious study of how Islamic law traditions have been incorporated into the national legal systems throughout the Muslim world. Both puritan Islamists and Western alarmists tend to oversimplify and misrepresent the role and position of sharia. In response, this book takes stock of the actual legal positions, putting them into their socio-political and historical contexts. The …
Millions of people live and work on land that they do not legally own in accordance with enforceable state law. The absence of state recognition for local property rights affects people's tenure security and impedes development. Efforts to legalise extra-legal land tenure have traditionally emphasised individual titling and registration. Disappointment with such approaches have led to a search …
Although the immense process of economic and social transformation currently underway in China and Vietnam is well known, less attention has been devoted to the process of Chinese and Vietnamese legal change. Asian Socialism and Legal Change brings together experts to analyse recent developments in the legal sphere, representing the diversity and dynamism of this process. This book is the fi…
Papua New Guinea has a complex ‘law and order’ problem and an entrenched epidemic of HIV. This book explores their interaction. It also probes their joint challenges and opportunities—most fundamentally for civic security, a condition that could offersome immunity to both. This book is a valuable and timely contribution to a limited but growing body of scholarship in the social and struct…
This preamble sets out to introduce the topic of international procedural law, focusing on the intellectual history of international dispute settle- ment. The leading idea is to take a picture of the major contributions to the reflection on international procedural law, starting from some mile- stone works which developed the basic ideas, the epistemic grounds of an international procedura…
"Increasing inequalities, social exclusion and poverty within the EU (although at a different scale between States) prove that the effectiveness of social rights falls behind their formal entitlements and their judicial enforceability. Beyond the classical way followed by legal studies in dealing with the issue, the focus would shift to experimental ways better able to cope with the current mul…