Land Grab, Property Rights and Gender Equality in Pluralistic Legal Orders:

مرکز و کتابخانه مطالعات اسلامی به زبان های اروپایی

منو

" Land Grab, Property Rights and Gender Equality in Pluralistic Legal Orders: "
Chilenye Nwapi

Document Type	:	AL
Record Number	:	1064550
Doc. No	:	LA108179
Call No	:	‭10.1163/17087384-12340005‬
Language of Document	:	English
Main Entry	:	Chilenye Nwapi
Title & Author	:	Land Grab, Property Rights and Gender Equality in Pluralistic Legal Orders: [Article] : A Nigerian Perspective\ Chilenye Nwapi
Publication Statement	:	Leiden: Brill \| Nijhoff
Title of Periodical	:	African Journal of Legal Studies
Date	:	2016
Volume/ Issue Number	:	9/2
Page No	:	124–146
Abstract	:	This article considers the impact of land grab on the promotion of gender inequality within the Nigerian pluralistic legal order. It examines the interface between customary law and statute law in the determination of land ownership and access in Nigeria. It makes two key arguments. (1) While legal pluralism presents opportunities for curtailing the excesses of customary law, it has often resulted in the dominant legal system – statute law – fostering gender inequality in a manner that is beyond the capacity of the so-called barbaric customary laws. (2) The capacity of law to effectively address the problem of gender inequality within the context of land grab is very limited, because the nature of most land grab-related activities that promote gender inequality are appropriately legal and it is their unintended consequences that undermine women’s rights. The article argues for an effective use of the political process to complement legal interventions. This article considers the impact of land grab on the promotion of gender inequality within the Nigerian pluralistic legal order. It examines the interface between customary law and statute law in the determination of land ownership and access in Nigeria. It makes two key arguments. (1) While legal pluralism presents opportunities for curtailing the excesses of customary law, it has often resulted in the dominant legal system – statute law – fostering gender inequality in a manner that is beyond the capacity of the so-called barbaric customary laws. (2) The capacity of law to effectively address the problem of gender inequality within the context of land grab is very limited, because the nature of most land grab-related activities that promote gender inequality are appropriately legal and it is their unintended consequences that undermine women’s rights. The article argues for an effective use of the political process to complement legal interventions. This article considers the impact of land grab on the promotion of gender inequality within the Nigerian pluralistic legal order. It examines the interface between customary law and statute law in the determination of land ownership and access in Nigeria. It makes two key arguments. (1) While legal pluralism presents opportunities for curtailing the excesses of customary law, it has often resulted in the dominant legal system – statute law – fostering gender inequality in a manner that is beyond the capacity of the so-called barbaric customary laws. (2) The capacity of law to effectively address the problem of gender inequality within the context of land grab is very limited, because the nature of most land grab-related activities that promote gender inequality are appropriately legal and it is their unintended consequences that undermine women’s rights. The article argues for an effective use of the political process to complement legal interventions. This article considers the impact of land grab on the promotion of gender inequality within the Nigerian pluralistic legal order. It examines the interface between customary law and statute law in the determination of land ownership and access in Nigeria. It makes two key arguments. (1) While legal pluralism presents opportunities for curtailing the excesses of customary law, it has often resulted in the dominant legal system – statute law – fostering gender inequality in a manner that is beyond the capacity of the so-called barbaric customary laws. (2) The capacity of law to effectively address the problem of gender inequality within the context of land grab is very limited, because the nature of most land grab-related activities that promote gender inequality are appropriately legal and it is their unintended consequences that undermine women’s rights. The article argues for an effective use of the political process to complement legal interventions.
Descriptor	:	customary law
Descriptor	:	gender inequality
Descriptor	:	land grab
Descriptor	:	legal pluralism
Descriptor	:	property rights
Descriptor	:	statute law
Location & Call number	:	‭10.1163/17087384-12340005‬