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.

The 1960s, in retrospect, may be chiefly remembered for the unprecedented constitutional developments it witnessed in countries emerging from colonial rule. Originally published in 1963, an examination of these constitutional developments from the authoritative pens of the previous Legal Adviser to the Colonial and Commonwealth Relations Offices, and the Legal Adviser to the Colonial Office at the time was, therefore, particularly timely – for no two men in human history can have had to draft so many constitutional instruments. One after another of these new constitutions had, moreover, included certain ‘Fundamental Rights’, so a discussion of this subject by a recognised academic authority, together with an examination by an ex-Chief Justice of Allahabad of the constitutional writs which have been so widely used in India to protect these rights, was particularly appropriate. An erudite examination of the origins of the famous phrase ‘Justice, Equity and Good Conscience’ by the Reader in Oriental Laws in the University of London, fittingly concludes the first half of this volume. Legal developments in these emergent countries, had, however, by no means been limited to the sphere of constitutional law. So the series continues with contributions on the legal profession in African territories, by a former President of the Law Society, and on the problems posed by Islamic law in that continent, by the Professor of Oriental Laws. Criminal Law is represented by a consideration of ‘Liability under the Nigerian Criminal Code’ by an ex-Chief Justice of the Western Region; matters economic and sociological by papers on ‘Legal Development and Economic Growth in Africa’ and ‘Women’s Status and Law Reform’ by two experts in Africa law; and developments in Asia by an examination of recent legislation on family law in Pakistan, and of the sources of Chinese Law in Hong Kong, by other members of the staff of the School of Oriental and African Studies.

This book draws together essential readings from the journal African Affairs together with a series of new essays on key themes written by the journal editors.

Recent years have witnessed a significant acceleration in the revision of forest laws around the world. Forest law increasingly recognizes the multiple interests involved in or affected by forest management, with greater attention given to the environmental and social roles of forest resources and to their sustainable management and use. In addition, renewed emphasis is being placed on the involvement of a wider range of public and private actors. Issues in which forest laws have been reoriented include local forest and private management, the environmental functions of forests, forest management planning and forest utilization contracts.

This book presents an important discussion on future options for sustainable soil management in Africa from various perspectives, including national soil protection regulations, the role of tenure rights, the work of relevant international institutions such as the UNCCD and FAO, and regional and international cooperation. This first volume of the new subseries Regional Perspectives to the International Yearbook of Soil Law and Policy includes contributions by African and international experts alike. Given the range of key topics covered, the book offers an indispensable tool for all academics, legislators and policymakers working in this field. The “International Yearbook of Soil Law and Policy – Regional Perspectives” series discusses central questions in law and politics that concern the protection and sustainable management of soil and land in different regions of the world.

This book analyses the nexus between land access and the extractive industries in Africa, specifically highlighting the gaps in energy, land and mining laws and the practical solutions needed to settle the increasing number of land disputes in resource-rich areas. Access to land is essential for the successful operation of energy and mining projects. However, there are often social, environmental and economic issues associated with acquiring land for these projects. Socially, many people are relocated; economically, local communities are not given adequate compensation; environmentally, pollution negatively impacts on the agricultural and fishing industries relied on by over 80% of the local communities. Against this stark background, and drawing from the author's fieldwork research, this book addresses the important question of whether the different land tenure systems, coupled with administration and registration procedures, are adequate to address the increasing land disputes in oil and mineral-rich African countries.

This handbook presents an extensive new overview of African development - past, present and future. It addresses key core themes and topics that are pertinent to the continent's development - including sections on history, health and food, politics, economics, rural and urban development, and development policy and practice. The volume draws on the expertise of over 60 of the world's leading scholars to provide a detailed and up-to-date analysis of the key opportunities and challenges that confront Africa, and how such issues are being addressed. Arranged by key themes, the handbook provides not only a historical understanding of the past, but also political perspectives on the future. The chapters provide critically informed analyses of their topics by drawing upon the latest conceptual viewpoints and applied experiences in Africa in the form of case studies to offer a comprehensive examination of the opportunities, challenges, key debates and future prospects. This handbook is an invaluable state-of-the-art overview and reference concerning many different aspects of Africa's development, which will be of interest to academics in all fields of African studies, and also academics and students working in cognate disciplines such as development studies, geography, history, politics and economics.

Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.

Investments are widely accepted as the matchless path to development. Real estate is as much a prerequisite for investment as are capital and labour. Nonetheless, relative progress in ensuring that arrangements concerning real estate are compatible with desired magnitudes of investments in Africa remains far from satisfactory. Treatment of real estate in the development literature remains tangential and incoherent. This volume explores why real estate policies in Africa have not worked well and examines how they can or should be more organised for efficient and successful outcomes. This book is essential reading for all interested in development economics, real estate economics and African studies.

This open access book utilizes new data to thoroughly analyze the main factors currently shaping the African housing market. Some of these factors include the supply and demand for housing finance, land tenure security issues, construction cost conundrum, infrastructure provision, and low-cost housing alternatives. Through detailed analysis, the authors investigate the political economy surrounding the continent’s housing market and the constraints that behind-the-scenes policy makers need to address in their attempts to provide affordable housing for the majority in need. With Africa’s urban population growing rapidly, this study highlights how broad demographic shifts and rapid urbanization are placing enormous pressure on the limited infrastructure in many cities and stretching the economic and social fabric of municipalities to their breaking point. But beyond providing a snapshot of the present conditions of the African housing market, the book offers recommendations and actionable measures for policy makers and other stakeholders on how best to provide affordable housing and alleviate Africa’s housing deficit. This work will be of particular interest to practitioners, non-governmental organizations, private sector actors, students and researchers of economic policy, international development, and urban development.