Advanced

The Right to Water: An inquery into legal empowerment and property rights formation in Tanzania

Hillbom, Ellen LU (2010) In Poverty, Labour and the Informal Economy in Africa: An agenda for 'legal empowerment'
Abstract
In 2008 the Commission for the Legal Empowerment of the Poor, CLEP, put forward a grand policy proposition claiming that comprehensive legal, political, social and economic reforms whereby the poor are legally empowered can put an end to perpetuating poverty in developing countries. A well functioning rule of law is considered the foundation on which all institutional structures promoting economic growth and development rests. With the rule of law for all members of society all individuals can reach their full potential as economic actors and resources will be allocated with maximum efficiency.

The fourth pillar in CLEP’s report is the creation of legally protected formal property rights. Hernando de Soto, the master mind behind... (More)
In 2008 the Commission for the Legal Empowerment of the Poor, CLEP, put forward a grand policy proposition claiming that comprehensive legal, political, social and economic reforms whereby the poor are legally empowered can put an end to perpetuating poverty in developing countries. A well functioning rule of law is considered the foundation on which all institutional structures promoting economic growth and development rests. With the rule of law for all members of society all individuals can reach their full potential as economic actors and resources will be allocated with maximum efficiency.

The fourth pillar in CLEP’s report is the creation of legally protected formal property rights. Hernando de Soto, the master mind behind this pillar, states that such property rights are the most important institutions for economic growth and development. These property rights have developed over centuries in the Western world. It has been a process during which informal rights to assets, recognised by the general public, have been adapted into a formal economic system under the supervision of a legitimate nation state. In order to eradicate poverty developing countries must now follow in the foot-steps of the West.

In this paper the policy proposition of CLEP as well as de Soto’s theory on legally protected formal property rights will be critically examined and existing alternative theories will be presented. Part of that scrutiny will be to test the applicability of policy and theory on an empirical case – property rights governing irrigation furrows in Meru, Tanzania. The justification is that any grand policy or theory claiming to have the tools for eradicating poverty must be relevant to the places where poverty is foremost prevailing today and one such place is the agricultural sector in rural sub-Saharan Africa. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
in press
subject
keywords
Legal empowerment, sub-Saharan Africa, property rights, Tanzania
in
Poverty, Labour and the Informal Economy in Africa: An agenda for 'legal empowerment'
editor
Banik, Dan and
publisher
Ashgate
language
English
LU publication?
yes
id
d9f9fbb3-6f9e-4864-9886-c0774e0bd8ee (old id 1667791)
date added to LUP
2010-09-06 12:00:21
date last changed
2016-04-16 09:41:47
@inbook{d9f9fbb3-6f9e-4864-9886-c0774e0bd8ee,
  abstract     = {In 2008 the Commission for the Legal Empowerment of the Poor, CLEP, put forward a grand policy proposition claiming that comprehensive legal, political, social and economic reforms whereby the poor are legally empowered can put an end to perpetuating poverty in developing countries. A well functioning rule of law is considered the foundation on which all institutional structures promoting economic growth and development rests. With the rule of law for all members of society all individuals can reach their full potential as economic actors and resources will be allocated with maximum efficiency. <br/><br>
The fourth pillar in CLEP’s report is the creation of legally protected formal property rights. Hernando de Soto, the master mind behind this pillar, states that such property rights are the most important institutions for economic growth and development. These property rights have developed over centuries in the Western world. It has been a process during which informal rights to assets, recognised by the general public, have been adapted into a formal economic system under the supervision of a legitimate nation state. In order to eradicate poverty developing countries must now follow in the foot-steps of the West.<br/><br>
In this paper the policy proposition of CLEP as well as de Soto’s theory on legally protected formal property rights will be critically examined and existing alternative theories will be presented. Part of that scrutiny will be to test the applicability of policy and theory on an empirical case – property rights governing irrigation furrows in Meru, Tanzania. The justification is that any grand policy or theory claiming to have the tools for eradicating poverty must be relevant to the places where poverty is foremost prevailing today and one such place is the agricultural sector in rural sub-Saharan Africa.},
  author       = {Hillbom, Ellen},
  editor       = {Banik, Dan},
  keyword      = {Legal empowerment,sub-Saharan Africa,property rights,Tanzania},
  language     = {eng},
  publisher    = {Ashgate},
  series       = {Poverty, Labour and the Informal Economy in Africa: An agenda for 'legal empowerment'},
  title        = {The Right to Water: An inquery into legal empowerment and property rights formation in Tanzania},
  year         = {2010},
}