Show simple item record

dc.contributor.authorFura, Gashahun Lemessa
dc.date.accessioned2017-11-06T02:54:42Z
dc.date.available2017-11-06T02:54:42Z
dc.date.issued2017en_US
dc.identifier.urihttp://hdl.handle.net/11343/194160
dc.description© 2017 Dr. Gashahun Lemessa Fura
dc.description.abstractOver the last decade, there has been a dramatic surge in large-scale acquisitions of farm land, popularly referred to as ‘land grabs’, mainly in the Global South. Roughly two-thirds of these land acquisitions have occurred in sub-Saharan Africa (SSA). This thesis critically analyses the shaping of legal relationships around transnational large-scale acquisitions of land in SSA. It considers the interaction of domestic and international laws against the background of historical patterns of land ownership in Africa. The study focuses on Ethiopia, though many of the observations are generalisable to other countries in Africa, and perhaps elsewhere. By employing a critical-doctrinal analysis of the laws at play, the thesis argues that the legal regimes shaping the relationships around transnational land acquisitions in countries such as Ethiopia privilege (foreign) investors as compared with destination countries’ host people, particularly prior land users. By conferring restricted land rights on people who are legally required to give way to investors, the law generally facilities these land deals and inhibits measures aimed at leveraging them for local needs such as addressing the prevalent hunger challenges in SSA host states, or reversing their adverse effects. This occurs despite some recalibration exercises in international investment law in recent years and the potential corrective role of human rights law. The global responses to ‘land grabs’ aimed at alleviating the social and environmental problems associated with large-scale acquisitions of land in SSA also leave largely unaddressed many of the structural issues embedded in domestic and international laws that shape relations around these land acquisitions. The implication of this is that although transnational land deals are often justified in terms of various development promises such as enhanced food security, the way they shape legal relations are likely to perpetuate hunger in investor host states like Ethiopia. Therefore, the role of the law needs to be considered more seriously in the debates around the growing number of transnational land acquisitions in Ethiopia and across Africa.en_US
dc.rightsTerms and Conditions: Copyright in works deposited in Minerva Access is retained by the copyright owner. The work may not be altered without permission from the copyright owner. Readers may only download, print and save electronic copies of whole works for their own personal non-commercial use. Any use that exceeds these limits requires permission from the copyright owner. Attribution is essential when quoting or paraphrasing from these works.
dc.subjecttransnational land acquisitionsen_US
dc.subjectsub-Saharan Africaen_US
dc.subjectEthiopiaen_US
dc.subjectcompeting claimsen_US
dc.subjecthungeren_US
dc.subjectinternational investment lawen_US
dc.subjectinternational trade lawen_US
dc.subjectinternational human rights lawen_US
dc.subjectforeign investorsen_US
dc.subjectlocal people (communities)en_US
dc.subjecthome statesen_US
dc.subjecthost statesen_US
dc.titleTransnational land acquisitions in sub-Saharan Africa: competing claims and the role of (international) lawen_US
dc.typePhD thesisen_US
melbourne.affiliation.departmentMelbourne Law School
melbourne.affiliation.facultyMelbourne Law School
melbourne.internal.embargodate2021-11-06
melbourne.thesis.supervisornameSundhya Pahuja
melbourne.contributor.authorFura, Gashahun Lemessa
melbourne.accessrightsOpen Access


Files in this item

Thumbnail

This item appears in the following Collection(s)

Show simple item record