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Law, land reform and responsibilisation: A perspective from Malawi’s land question

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ISBN: 9781920538330 Year: Pages: 188 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-04-09 11:48:41

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About the publicationThe book is a critical, genealogical analysis of land questions in the South through an original analysis of the Malawi experience. Through the author’s experience in land reform and subsequent advanced research in the area, the book notes that land reform discourse is dominated by an ethos based on market as value which, in turn, has cemented the ubiquity of a universal, automatic transition from land reform to land law reform in tackling a land question in a country. Using a Foucauldian–based theory of governmentality and responsibilisation, the book provides a reassessment of the norms in land reform discourse and argues for the conception of a right to property in land as a social relation. The book reveals the parochial interests of global capital, local elites and even the land-deprived that underpin a land question. The lack of synergy between law and policy leads to the consistent emergence of two ‘beings’: first, a responsibilised citizen in the mould of the land deprived who constitutes a source of cheap, wage labour for the large estate agriculture sector; and second, a land owner as the efficient producer at the centre of the large estate agriculture sector. The book then proposes an alternative norm in land reform discourse based on a responsibilised State.About the editor:Chikosa M Silungwe PhD Attorney; Consultant; Academic.Table of ContentsAcknowledgmentsDedicationIntroduction1 The context2 Rationale and main argument3 Market as value and land reform modelling3.1 Market as value3.2 Power dimension of land reform3.3 Market-based land reform models3.4 Reflection on market-based land reform modelling4 On responsibilisation5 On method6 Final wordGovernmentality, responsibilisation and the land question1 Thinking theory2 The Foucauldian ‘idea’ of governmentality2.1 Governmentality and analytics of power2.2 Governmentality and law3 ‘Everyday struggles’: Conduct and counter-conduct4 Responsibilisation: A framework for analysis4.1 The nature of hegemonic responsibilisation4.2 The nature people-generated responsibilisation5 Governmentality-responsibilisation: Whither the resolution of land question in Malawi?6 Final word‘Right’, ‘property’ and the ‘customary’ space: Conceptual issues and the land question1 The nature of the right to property1.1 Character of a ‘right’1.2 The meaning of ‘property’: The right to property as a social relation2 The right to property in land: An analysis of the ‘customary’ space2.1 The root of the ‘customary’ space2.2 The nature of ‘customary’ (land) tenure3 The beneficial interest in land: ‘Customary land’ under the Malawian Land Act4 Final wordGlobal-local policy linkage, responsibilisation and the land question1 Global-local policy linkage1.1 The World Bank’s land policy framework, 20031.2 The national macroeconomic framework as a site of conformity2 National policy interventions in the land question2.1 ‘Let sleeping dogs lie’: The Presidential Commission of Inquiry on Land Policy Reform, 19962.2 The land utilisation studies, 1995-19982.3 The National Land Policy2.4 Intervention of the Malawi Law Commission2.5 The Green Belt Initiative3 Final wordA multiverse of interests and the land question1 The state and the Achikumbe2 The state and the land deprived3 The Achikumbe and the land deprived4 The intra-‘community’ dynamics4.1 The role of chiefs4.2 Eni malo and obwera: The ‘internecine’ conflict of the land deprived5 The nature of the multiverse6 Final wordLast word: Towards a responsibilised state1 Reiterations2 The nature of people-generated responsibilisation: The basis of the responsibilised state2.1 Public trust and social trust: The constitutional basis of people-generated responsibilisation2.2 Counter-conduct and the beneficial interest in land2.3 The land question in the political economy3 The responsibilised state: A restatement4 Final word4.1 The presumptions4.2 The wider angle5 The thesis: a précisBibliography

Agricultural Input Subsidies: The Recent Malawi Experience

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ISBN: 9780199683529 Year: Pages: 320 DOI: 10.1093/acprof:oso/9780199683529.001.0001 Language: English
Publisher: Oxford University Press Grant: OAPEN-UK
Subject: Economics --- Social Sciences
Added to DOAB on : 2013-10-11 21:10:22
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Agricultural input subsidies were a major feature of development policies in rural economies until the 1980s. Continuing rural poverty with low productivity and fertilizer use in smallholder staple crops has led to their resurgence in Africa. These subsidies are, however, controversial with claims of both large food security benefits and unsustainable, inefficient resource use. This book reviews current theory and evidence on the strengths and weaknesses of these programmes and the effects of programme context, design, and implementation. Theoretical arguments for agricultural subsidies are based on input promotion where farmers’ private costs (benefits) are higher (lower) than wider economic costs (benefits). These arguments, and concerns about inefficiency and diversion, are reviewed and extended to consider input affordability constraints and ‘smart’ rationing and targeting. Recent programmes in Africa have a variety of generally producer-focused objectives, with varied implementation and programme outcomes. Most pay little attention to consumer interests and potential contributions to wider growth. A detailed examination of Malawi’s controversial agricultural input subsidy programme follows. Drawing on a wide range of information sources, the political and agro-economic contexts of the programme are examined, with evidence on its implementation and impacts from 2005 to 2011. Positive impacts are recorded on beneficiaries’ production, incomes, food consumption, school enrolment, child health, and reduced need for earnings from undertaking casual labour for others. There is evidence of indirect economy-wide impacts, but this is not as strong as might be expected. Targeting and graduation are identified as critically important issues requiring continuing attention.

A guide to the Personal Property Security Act: The case of Malawi

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ISBN: 9781920538354 Year: Pages: 180 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-04-09 12:28:30
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About the publicationThis book examines the Malawian Personal Property Security Act (PPSA) of 2013 that is based on the United Nations Commission of International Trade Law’s Legislative Guide on Secured Transactions. The PPSA is the first of its kind in Africa but there are several countries, including Ghana, Kenya, Liberia, South Sudan and Zambia that are in the process of undertaking similar reforms. One of the authors is directly involved as a consultant to the International Finance Corporation of the World Bank Group in all of these countries. Secured transactions have already become an important area of law introducing new concepts for the legal profession, lenders and borrowers in Africa. The book provides commentaries on individual sections of the PPSA that include practical examples, hypotheticals, illustrations of lending practices, relevant scholarly writings, and case law from the jurisdictions that inspired this reform, including Australia, Canada, New Zealand and the United States. This book seeks to provide an easy to read guide that is accessible to lawyers, judges and creditors who will use the law on a daily basis but also to foreign policymakers considering a similar reform. The IFC is about to launch a reform initiative of this kind in South Africa.This remarkable work offers a rare, broad and comprehensive examination of the law relating to secured transactions in Malawi. It comes at the right moment as it focuses on the newly enacted Personal Property Security Act. The authors have succeeded in covering an impressive number of intricate legal questions on the subject with great ease and clarity. The book brings together topics that frequently raise problems in this area of law but which are rarely analysed together and it enriches the perspectives of the reader with a lot of cross -jurisdictional references. It is a’ must have’ for lenders, borrowers and their respective legal advisors. It is also a useful eye opener on the subject for the discerning law student.Kalekeni KaphaleAttorney General, Lilongwe, MalawiComments:Modernisation of law or law reform in the area of Personal Property Security Law has always been thought as a romantic and an abstract goal. The recent reform in Malawi in this field is a good example of how modernisation of law can be achieved. This book does an excellent job in picking out the principal issues in and challenges associated with the law reform in the area of Personal Property Security Law by an insightful and incisive analysis of the emerging policy questions in Malawian Law.Dr Orkun Akseli DurhamUniversity Law School, UKThis book offers clear and concise commentary on the Malawian law of secured transactions – the Personal Property Security Act (PPSA). It explains the fundamental concepts underlying the PPSA, such as that of unitary and functional security interest, illustrates the application of its provisions in hypothetical situations, references similar laws in Australia, Canada, New Zealand and the United States and overall provides useful guidance to the users. It is unique in that it provides insights into the drafting of the PPSA itself in which both authors were actively involved. In view of the fact that the PPSA of Malawi implements to a large extent the recommendations of the UNCITRAL Legislative Guide on Secured Transactions, the authors included numerous references to the relevant recommendations of the Guide and its commentaries to direct the user to an invaluable source for further guidance and interpretation. So, this book is yet another testament of the growing influence of the UNCITRAL Legislative Guide on Secured Transactions on both the drafting of secured transactions legislation and its interpretation. This book will not only provide indispensable guidance to the users of the Malawian PPSA but could become an important tool in the implementation of similar reforms in the Sub-Saharan African countries that have already undertaken or contemplate PPSA-like reforms.Spyridon V BazinasSenior Legal OfficerInternational Trade Law Division, Office of Legal Affairs (UNCITRAL Secretariat)About the Editor:Marek Dubovec is Senior Research Attorney at the National Law Center for Inter-American Free Trade, Arizona, United StatesCyprian Kambili is Legal Specialist at the Ministry of Industry and Trade, Lilongwe, MalawiTable of ContentsForewordIntroductionUsing the UNCITRAL Legislative Guide as a tool for a secured transactions reform in sub-Saharan Africa: The case of Malawi1 Introduction2 A critical review of the current laws on secured transactions in Malawi2.1 The Bills of Sale Act2.2 The Farmers’ Stop-Orders Act2.3 The Commercial Credits Act2.4 The Hire-Purchase Act2.5 The Companies Act3 General problems with the legal regime for secured transactions in Malawi4 Comparative search for legislative solutions to secured transactions in Malawi5 Final remarksThe key concepts, definitions, scope and interpretation1 Security interest2 Floating security3 Definitions4 Scope of the PPSACreation of a security interest1 Conditions for creation of a security interest2 Description of collateral2.1 Description of proceeds2.2 Description of after-acquired property3 Giving value4 Rights in the collateral or power to encumberPerfection of a security interest1 Registration2 Possession3 Control4 Special provisions of the PPSA on perfectionPriority of security interests1 General priority rules2 Priority of purchase money security interests3 Priority in accessions and manufactured or commingled goods4 Transfers of collateral and priority5 Special priority rulesRegistration system1 Establishment of, features and functions of the registry2 Content of financing statements: Registration information2.1 Identification of the debtor2.2 Identification of the secured party2.3 Description of the collateral2.4 The maximum amount secured2.5 Other data3 Rejection of a financing statement4 Time of effectiveness, authorisation for registration and its verification5 Impact of errors on the effectiveness6 Duration of registration7 Amendment to and discharge of registration8 Searches of the registry9 Duty of the secured party to provide informationDefault and remedies1 Application of Part VIII2 Secured party’s right to take possession after default3 Disposal of collateral4 Notice of sale5 Legal effect of disposal6 Proposal of secured party to retain collateral7 Enforcement of security interests in accessions8 Right to redeem collateral and reinstate security agreement9 Statutory remedyTransitional matters and applicable laws1 Applicable laws2 Transition2.1 Repealed acts2.2 Preservation of pre-PPSA security interestsBibliography

Accountable Government in Africa

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ISBN: 9781919895376 9781920541637 9781920541279 Year: Language: English
Publisher: UCT Press Grant: Knowledge Unlatched - 101848
Subject: Political Science
Added to DOAB on : 2019-04-11 11:21:03
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In the early 1990s, a wave of democratisation swept the African continents, resulting in a flurry of constitution-making and constitutional revision. Two decades later, leading experts in the fields of public law, political sciemnce and democratisation studies assess to what extent accountable governance has takenroot in Africa. this book represesents new knowldge about legal and political developments in a number of African countries - Ghana, Malawi, Mali, South Africa, Tanzania, Uganda and Zambia, with further references to Mozambique, Kenya and Swaziland - bringing the policy goal of developing and deepening democratic governance and accountable government on the continent up to date.

Beyond the state

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Book Series: Studies in Imperialism ISBN: 9780719089671 Year: Language: English
Publisher: Manchester University Press Grant: Knowledge Unlatched - 101889
Subject: History --- Migration
Added to DOAB on : 2019-03-05 11:21:03
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The Colonial Medical Service was the personnel section of the Colonial Service, employing the doctors who tended to the health of both the colonial staff and the local populations of the British Empire. Although the Service represented the pinnacle of an elite government agency, its reach in practice stretched far beyond the state, with the members of the African service collaborating, formally and informally, with a range of other non-governmental groups. This collection of essays on the Colonial Medical Service of Africa illustrates the diversity and active collaborations to be found in the untidy reality of government medical provision. The authors present important case studies covering former British colonial dependencies in Africa, including Kenya, Malawi, Nigeria, Tanzania, Uganda and Zanzibar. They reveal many new insights into the enactments of colonial policy and the ways in which colonial doctors negotiated the day-to-day reality during the height of imperial rule in Africa.

Micronutrients Intake and Status during Pregnancy and Lactation

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ISBN: 9783038978404 9783038978411 Year: Pages: 152 DOI: 10.3390/books978-3-03897-841-1 Language: English
Publisher: MDPI - Multidisciplinary Digital Publishing Institute
Subject: Science (General) --- Biology --- Nutrition and Food Sciences
Added to DOAB on : 2019-05-09 17:16:14
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Optimal nutrition is important during pregnancy and lactation for the health of both the mother and infant. Chronic deficiencies of both macronutrients and micronutrients are well established in developing countries. Although in developed countries overconsumption of macronutrients is a major issue, micronutrient deficiencies which occur concomitantly are no less of a concern. Furthermore in developed countries there is also the risk of excessive micronutrient intake from dietary supplements. Micronutrients have a role in fetal and neonatal health and also health in later life. Micronutrient deficiency or toxicity during pregnancy or early life can permanently affect developing tissues, resulting in adverse growth and development of the infant which is associated with chronic diseases in adulthood. An aberrant micronutrient intake during pregnancy or lactation can also have detrimental effect on the mother both in the neonatal period and in later life.

Progress in Water Footprint Assessment

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ISBN: 9783039210381 9783039210398 Year: Pages: 202 DOI: 10.3390/books978-3-03921-039-8 Language: English
Publisher: MDPI - Multidisciplinary Digital Publishing Institute
Subject: Technology (General) --- General and Civil Engineering --- Environmental Engineering
Added to DOAB on : 2019-06-26 08:44:06
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Water Footprint Assessment is a young research field that considers how freshwater use, scarcity, and pollution relate to consumption, production, and trade patterns. This book presents a wide range of studies within this new field. It is argued that collective and coordinated action - at different scale levels and along all stages of commodity supply chains - is necessary to bring about more sustainable, efficient, and equitable water use. The presented studies range from farm to catchment and country level, and show how different actors along the supply chain of final commodities can contribute to more sustainable water use in the chain.

Soil Water Conservation. Dynamics and Impact

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ISBN: 9783038978527 9783038978534 Year: Pages: 258 DOI: 10.3390/books978-3-03897-853-4 Language: English
Publisher: MDPI - Multidisciplinary Digital Publishing Institute
Subject: Technology (General) --- Environmental Technology
Added to DOAB on : 2019-04-25 16:37:17
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Human needs like food and clean water are directly related to good maintenance of healthy and productive soils. A good understanding of human impact on the natural environment is therefore necessary to preserve and manage soil and water resources. This knowledge is particularly important in semi-arid and arid regions, where the increasing demands on limited water supplies require urgent efforts to improve water quality and water use efficiency. It is important to keep in mind that both soil and water are limited resources. Thus, wise use of these natural resources is a fundamental prerequisite for the sustainability of human societies. This book collects 15 original scientific contributions addressing the state of the art of soil and water conservation research. Contributions cover a wide range of topics, including (1) recovery of soil hydraulic properties; (2) erosion risk; (3) novel modeling, monitoring and experimental approaches for soil hydraulic characterization; (4) improvement of crop yields; (5) water availability; and (6) soil salinity. This collection provides more insights into conservation strategies for effective and sustainable soil and water management.

Keywords

soil moisture storage --- van Genuchten model --- distributed model --- Xin’anjiang model --- TOPMODEL --- bimsoils --- critical hydraulic gradient (CHG) --- response surface methodology --- multi-parameter evaluation --- laboratory experiment --- soil block --- subsurface flow --- macropore network --- spatial scale --- polyurethane foam --- hillslope --- soil water content --- field observation --- three-dimensional model --- numerical model --- delta plain --- shallow groundwater --- unsaturated soil --- Richards equation --- the Trefftz method --- transient --- the meshless method --- vineyards --- infiltration rate --- age of planting --- saturated hydraulic conductivity --- Malawi --- conservation agriculture --- peer effects --- decision tree modeling --- olive grove --- sap flow --- relative transpiration --- FDR sensor --- EM38 --- fraction transpiration soil water --- transdisciplinary research --- Follow-the-Innovation --- innovation development --- electromagnetic induction meter (EM) --- The Agricultural Production Systems sIMulator (APSIM) software --- AquaCrop --- cereals --- DSSAT --- field scattering --- food security --- microdose fertilization --- rainfall variability --- tied ridges --- upgrading strategies --- soil properties --- saturated soil hydraulic conductivity --- soil infiltration --- Beerkan method --- post-fire soil hydraulic characterization --- infiltration --- bottomless bucket method --- single-ring infiltrometer --- field-saturated soil hydraulic conductivity --- data analysis procedures --- environmental change --- local perception --- food security --- adaptation --- soil tillage --- tillage erosion --- seedbed preparation --- water infiltration --- nitrogen use efficiency --- specific leaf water content --- vegetable production --- soil --- yield --- water and soil conservation --- sustainable land management --- soil erosion --- soil water storage --- water infiltration --- water availability --- crop yields

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