Rethinking Zimbabwean Agricultural Land Expropriation Laws in Light of the Funnekotter Case
This study examines whether or not the Zimbabwean agricultural land expropriation laws are consistent with its international legal commitments and obligations enumerated in Article 6 of the Zimbabwe-Netherlands BIT which were expounded in the Funnekotter case. It begins by exploring the concept of e...
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ndltd-netd.ac.za-oai-union.ndltd.org-up-oai-repository.up.ac.za-2263-587312017-07-20T04:12:44Z Rethinking Zimbabwean Agricultural Land Expropriation Laws in Light of the Funnekotter Case Moyo, Busani OluSoyeju, Olufemi Olugbemiga bmoyo.moyo@gmail.com UCTD This study examines whether or not the Zimbabwean agricultural land expropriation laws are consistent with its international legal commitments and obligations enumerated in Article 6 of the Zimbabwe-Netherlands BIT which were expounded in the Funnekotter case. It begins by exploring the concept of expropriation, and the main features of the Zimbabwe's agricultural land expropriation laws, and proceeds to discuss the conditions of expropriation enumerated in Article 6 using the Funnekotter case as a compass, before examining whether or not the Zimbabwe's agricultural land expropriation laws are compatible with article 6 conditions of expropriation. The main conclusion reached is that despite the good intentions and public interests pursued by these agricultural land expropriation laws, they are draconian, and inconsistent with the due process, non-discrimination, and compensation conditions of expropriation. Thus, Zimbabwe may have to re-think its agricultural land expropriation laws in light of the Funnekotter case. tm2017 Centre for Human Rights LLM Unrestricted 2017-01-31T12:47:54Z 2017-01-31T12:47:54Z 2016 Mini Dissertation http://hdl.handle.net/2263/58731 Moyo, B 2016, Rethinking Zimbabwean Agricultural Land Expropriation Laws in Light of the Funnekotter Case, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/58731> D2016 15399363 en © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
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en |
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UCTD Moyo, Busani Rethinking Zimbabwean Agricultural Land Expropriation Laws in Light of the Funnekotter Case |
description |
This study examines whether or not the Zimbabwean agricultural land expropriation laws are
consistent with its international legal commitments and obligations enumerated in Article 6 of
the Zimbabwe-Netherlands BIT which were expounded in the Funnekotter case. It begins by
exploring the concept of expropriation, and the main features of the Zimbabwe's agricultural
land expropriation laws, and proceeds to discuss the conditions of expropriation enumerated
in Article 6 using the Funnekotter case as a compass, before examining whether or not the
Zimbabwe's agricultural land expropriation laws are compatible with article 6 conditions of
expropriation. The main conclusion reached is that despite the good intentions and public
interests pursued by these agricultural land expropriation laws, they are draconian, and
inconsistent with the due process, non-discrimination, and compensation conditions of
expropriation. Thus, Zimbabwe may have to re-think its agricultural land expropriation laws
in light of the Funnekotter case. === tm2017 === Centre for Human Rights === LLM === Unrestricted |
author2 |
OluSoyeju, Olufemi Olugbemiga |
author_facet |
OluSoyeju, Olufemi Olugbemiga Moyo, Busani |
author |
Moyo, Busani |
author_sort |
Moyo, Busani |
title |
Rethinking Zimbabwean Agricultural Land Expropriation Laws in Light of the Funnekotter Case |
title_short |
Rethinking Zimbabwean Agricultural Land Expropriation Laws in Light of the Funnekotter Case |
title_full |
Rethinking Zimbabwean Agricultural Land Expropriation Laws in Light of the Funnekotter Case |
title_fullStr |
Rethinking Zimbabwean Agricultural Land Expropriation Laws in Light of the Funnekotter Case |
title_full_unstemmed |
Rethinking Zimbabwean Agricultural Land Expropriation Laws in Light of the Funnekotter Case |
title_sort |
rethinking zimbabwean agricultural land expropriation laws in light of the funnekotter case |
publishDate |
2017 |
url |
http://hdl.handle.net/2263/58731 Moyo, B 2016, Rethinking Zimbabwean Agricultural Land Expropriation Laws in Light of the Funnekotter Case, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/58731> |
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AT moyobusani rethinkingzimbabweanagriculturallandexpropriationlawsinlightofthefunnekottercase |
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