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 National Science
Foundation Award #0549496 |
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Enforcing Property Rights in Common Law Africa |
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| Investigator(s): |
Sandra Joireman (PI)
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| Sponsor: |
Wheaton College, IL 60187 6307525833
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| Start Date/Expiration Date |
2006-04-01 to 2008-02-29 (amended 2006-03-24) |
| Awarded Amount to Date: |
$74,104 |
| Abstract: There is a wide scholarly consensus that secure property rights are important for development. It is believed that not only will well-defined and enforced property rights encourage people to invest in their land, but they will allow people access to credit through mortgages. Many countries around the world have attempted to write new laws that will make property rights more clearly defined and secure for their citizens. But, while law can be written and then accepted by legislatures, the implementation and enforcement of the new law is left to the courts and to local administrations, often far from the decision-making center of the country and with very few resources in terms of both personnel and budgets. Enforcement of new laws cannot be taken for granted in developing countries. There is often an unequal application of the law throughout the country. In this research project we will examine three different common law African countries and their land law. We will examine the text of the laws regarding property rights and the effectiveness of their implementation
Specifically, we will address the following questions with regard to the enforcement of property rights in land.
1) What are the mechanisms for the communication of legislative decisions from the center (the law-making bodies of the state usually the national legislatures located in the capital city) to the geographically peripheral areas of the state?
2) Is there sufficient cooperation between the legislature and the judicial institutions of the state at the national and sub-national levels?
3) Within a locality, who is obligated to enforce the decisions of the state? Do those people, police or local officials, with the legal obligation to enforce decisions perceive their role as such?
4) Are there differences in the enforcement of laws in urban areas in the capital city where the strength of the state is most focused and in the rural areas where the state may be weaker?
5) When a legal decision is made at the local level that affirms a national law but is contrary to custom or tradition, is the court decision enforced?
6) Are there functioning non-legal institutional regimes in rural or urban areas which are regulating access to land independently of and/or in defiance of state law?
As we ascertain the answers to these questions we will also be paying close attention to the issue of socioeconomic status, gender and ethnicity to determine if these factors seem to promote or impede the enforcement of the law. In addition to contribution to the growing research on property rights and development, the results of this project will be helpful to policymakers as it will identify the factors that impede the enforcement of law in some developing countries. There is an additional practical outcome to this project, as it will identify inequalities in the enforcement of laws regarding property for such disadvantaged groups as those infected and affected by AIDS and rural women. |
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| NSF Org: |
SES - Division of Social and Economic Sciences |
| Award Number: |
0549496 |
| Award Instrument: |
Standard Grant |
| Program Manager: |
Isaac Unah
SES Division of Social and Economic Sciences
SBE Directorate for Social, Behavioral & Economic Sciences
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| NSF Program(s): |
LAW AND SOCIAL SCIENCES |
| Field Application(s): |
Human Subjects |
| Program Reference Code(s): |
UNASSIGNED, 0000 |
| Program Element Code(s): |
1372 |
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