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|Title:||Deciphering incommensurabilities of the Southern African Development Community (SADC) Land Issue|
|Publisher:||Edinburgh University Press|
|Citation:||African Journal of International & Comparative Law, 25: pp. 1-25, (2017)|
|Abstract:||Legal racialization of land ownership and land use in the SADC’s former apartheid governed States remains the most divisive subject particularly between Western States and SADC States. Western States have reacted to the SADC land issue with the imposition of severe economic sanctions on target States while SADC states have, after the Campbell deci-sion, closed down the very SADC Tribunal for handing down that decision. Further, SADC states have limited the ju-risdiction of the Tribunal to inter-State matters only, shutting the door to individual petitions for human rights abuses. At the heart of this matter is the issue of contested title to lands that the SADC Tribunal had dealt with in the Campbell case. This article applies Nozick’s entitlement theory to determine the question of entitlement as a means of illuminating the incommensurabilities around the SADC land issue. Formalist arguments that are based on strict and purist positions on either side of these incommensurabilities are weighed under the light of entitlement theory. The article shows that be-cause of its historically multi-layered dimensions, the SADC land issue appears ill suited to legal formalist arguments that ignore both the historical context of colonialism and forcible expropriation of native titles without expropriation.|
|Appears in Collections:||Dept of Politics, History and Law Embargoed Research Papers|
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