Browsing by Subject "Legal Frameworks"

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    Open Access
    Assessing land administration systems with their legal frameworks: the case of peri-urban land in Ekiti State, Nigeria
    (2023) Babalola, Kehinde Hassan; Hull, Simon
    The coexistence of customary and statutory law, tenure, and administration in peri-urban areas of sub-Saharan African (SSA) countries such as Nigeria may cause conflict and tension. An efficient and effective land administration systems (LASs) and legal frameworks are crucial for ensuring pro-poor objectives in land administration. Women, the vulnerable and the poor who are denied access to efficient and effective land administration services tend to experience tenure insecurity. Nigeria is one of the countries with an inefficient and ineffective LASs. The study explores the possibility of hybrid legal systems contributing to tenure insecurity in peri-urban areas of Southwest Nigeria. This study assesses customary and statutory laws and administration systems pertaining to Ekiti State, Nigeria to understand whether there is legal pluralism. A case study of customary and statutory laws, tenure, and administration was carried out using primary and secondary data. The study used three peri-urban cases from Ekiti State, Nigeria (Ikere-Ekiti, Ijero-Ekiti, and Oye-Ekiti) to learn how customary and statutory laws, tenure, and administration operate within the same geographical space. The study adopted Soft System Methodology (SSM), with two analytical frameworks: Responsible Land Management (RLM) and Fit-For-Purpose Land Administration (FFPLA). Moreover, the study used institutional isomorphism theory to determine the conflicting pressure exerted on the customary legal framework, comprising the customary courts and the Customary Court of Appeal of a State (CCAS). The LASs with their legal frameworks were assessed using text-based and empirical approaches. The study findings show weak and deep legal pluralism in LASs. The assessment leads to developing conceptual tools for assessing LASs with their legal frameworks. On the one hand, the conceptual tool for assessing LASs with their legal frameworks is based on the three pillars of human rights, the rule of law, and legal pluralism, taking a constitutional focus. The study findings revealed conflicting pressure exerted on customary courts and the Customary Court Appeal of a State (CCAS). On the other hand, the conceptual tool for measuring land tenure security based on three pillars of jurisdiction, legitimacy, and collaboration. The conceptual tools provide understanding of the influence of the hybrid legal system in LASs in peri-urban areas. The understanding of the influence of hybrid system is based on decentralising land administration activities, local land management, self-determination, and autonomy. The framework also incorporates legal and institutional flexibility. Areas of further research are recommended.
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    Open Access
    The development of Namibia's renewable energy regime
    (2015) Heita, Natalia Ndatilohamba; Glazewski, Jan; Young, Michaela
    As is the case with many countries, Namibia has an economy dependent on fossil fuels. The country is, however, blessed with abundant and diverse - but as yet unexploited - renewable energy (RE) resources that could be used for improving the livelihood of the vast majority of its 2.2 million people. Today the conflict between energy production from fossil fuels and protection of the environment is intensifying and this compels all countries to search for means of resolving this conflict. Developing RE through the enactment of enabling legislation and implementation of relevant policy is one important step towards attaining the ideal of an energy-secure future. This state of affairs is not unique to Namibia, as most countries with abundant RE sources are striving to promote and deploy RE in their respective regimes through appropriate policies and legal frameworks. This study examines Germany and Ghana from, respectively, the developed and developing world, as leading countries that have established a proactive RE regime. However, such a regime can only be successfully achieved if countries, including Namibia, adopt laws and policies that promote and encourage the use of RE in order to move away from fossil fuel dependence to a greener economy. Thus the study seeks to investigate RE resources in Namibia and their potential development. It outlines the current legislation pertaining to the regulation of RE in Namibia. As such, the study further examines the Organisation for Economic Cooperation and Development (OECD) guidelines and draws examples from other regimes, particularly Germany and Ghana, in order to provide a guideline for the enactment of a general Energy Act with a particular chapter on RE. It concludes with recommendations as to how Namibia can secure a sustainable energy future.