Papers by Zainab Lokhandwala
Interdisciplinary Approaches to the Future of Africa and Policy Development
Numerous African countries have undertaken land rights formalisation programmes since 1970-80. Th... more Numerous African countries have undertaken land rights formalisation programmes since 1970-80. These programmes are within the context of a larger theoretical debate for and against the formalisation of property rights. Programmes vary based on diverse input and output factors. For instance, finance and human resources are input factors. The recognition of communal management rights, administrative recognition of occupation, and registration of transactions of land are output factors. Despite the diversity of different programmes, some broad conclusions can be drawn about their effects. The effect of such programmes on tenure security is analysed by discussing the meaning of tenure security, actual and perceived elements of 'security', whose tenure security (identifying the winners and losers) and de jure and de facto security (legal and practical elements). The chapter collates numerous secondary sources to show how formalisation, although aims and claims to increase tenure...
Advances in public policy and administration (APPA) book series, Mar 11, 2022
Millions of people live or have some rights or form of access to land that they have no legal tit... more Millions of people live or have some rights or form of access to land that they have no legal title/rights over. Security of land rights are important for safety, security of the household, care of vulnerable sections of society such as children, elderly and women (Ubink et al, 2009, p.7). The absence of security results in a diminished socioeconomic security of the individual and the household. Furthermore, people lack the incentive to invest in their lands or properties when there is no tenure security. This leads to lower agricultural productivity, lower conditions of housing and infrastructure and a restricted land market as the scope of transactions are fairly limited without formal documents (Wily, 2003, p.33). People cannot avail of credit against a collateral upon which they have no tenure security. Formalisation of land rights was argued as a possible solution to the issue of tenure insecurity. Traditionally formalisation programmes have been led by governments to provide individual titling and registration in line with the classical theory of property rights (Assies, 2003, p.573). This is because of an assumption that individualised private property is the most secure form of property, which can improve access to credit through collateralisation and in turn facilitate investments in land (Loehr, 2012, p.837). These actions have been supported by Western governments-backed development aid institutions such as the IMF and the World Bank as well as some economists and scholars (Selod, 2012). While in some cases titling and registration have produced desired results, in several others formalisation programmes have either shown no significant relationship with increased tenure security, credit availability or productivity, or have in fact had a negative influence on them (Deininger, 2003, pp.469-84). This research is focused on the relationship between formalisation programmes and its effect on tenure security. There is indeed an immense diversity in variables on either side of this relationship: that is, formalisation programmes vary based on particularities, modalities, locations, communities and colonial/national histories etc, and tenure security as the term raises questions like whose tenure security, tenure security of what kind of property, real and perceived aspects of 'security' etc. Hence it is imperative to define the scope of this article. First of all, this research is focused on the impact of formalisation programs as a developmental strategy; therefore it will refer to formalisation programs that have been undertaken as postcolonial measures in developing countries. Colonial histories are discussed to the extent that they are relevant to contextualise post-colonial actions. Furthermore, the aim of this research is not to question the core motivations behind formalisation policies (such as social justice and poverty-alleviation, or that of natural resource allocation and management) (Putzel, 2015). It This is the version of the chapter accepted for publication in Tshabangu, Icarbord, (ed.), Interdisciplinary Approaches to the Future of Africa and
This paper analyses the impact of the Covid-19 pandemic on the Middle Eastern and North African (... more This paper analyses the impact of the Covid-19 pandemic on the Middle Eastern and North African (MENA) region against the backdrop of two themes: climate action and human rights. In the climate context, the renewable energy sector will certainly suffer in the immediate aftermath of Covid 19. At the same time, globally, renewables have shown more resilience than fossil fuels during this crisis, which may lead to increased investments in the long-term. Nevertheless, pre-Covid commitments and estimated future gains (if any) in renewables were not enough for combating climate change. The trajectory of regional climate action was slow and inadequate to begin with, and it is likely to suffer even further, owing to economic slowdown and relief measures that will pull resources away from climate action. In the human rights context, the Covid 19 crisis has led to increased authoritarianism and has added a new layer to existing human rights and humanitarian issues. As political stability is a prerequisite for the growth and execution of environmental law, public discontent against governments will only delay and detract the environmental agenda. Overall, these two legs of analysis show how the pandemic has led to a retraction of environmental law. Coming out of the crisis, there are many lessons to be learnt. Interdisciplinary approaches that draw a human-ecological-health nexus may offer solutions in the Middle East as in the world.
Asian Journal of International Law
Agrobiodiversity conservation is vital for food security, maintaining ecological balance, and pre... more Agrobiodiversity conservation is vital for food security, maintaining ecological balance, and preserving socio-cultural norms. There is substantial evidence to support that agrobiodiversity hotspots coincide with localized, small-scale peasant food systems. Preserving such food systems is necessary for protecting agrobiodiversity. The current legal framework over agrobiodiversity is fragmented and inadequate. A major portion of this framework is situated within intellectual property law and farmers’ rights law, neither of which are designed to foster sustainable management of agrobiodiversity. In this context, the 2018 Peasants’ Rights Declaration has the potential to fill the gaps in the existing framework. The paper critically analyses the Declaration by exploring some of its legal innovations in improving agrobiodiversity conservation. While some of these innovations are commendable, they are unlikely to be adopted by states owing to their radical nature. Their adoption would req...
Automation in Construction
Abstract The expected life of an asphalt road pavement depends on many factors (fatigue cracking,... more Abstract The expected life of an asphalt road pavement depends on many factors (fatigue cracking, thermal cracking, etc). Bottom-up cracking is a common mode of hot mix asphalt pavement distress and appears to be critical. In view of this, the objectives of the study presented in this paper were confined into setting up an innovative and non-destructive method to carry out the rehabilitation of the pavement structure. In particular, a new procedure for healing in-depth damaged asphalt pavements is proposed and discussed. This method, based on selective heating, uses appropriate doping and electromagnetic fields in the microwave frequency range in order to induce the self-healing process of the material. Compared to the existing procedures, it allows a deep, selective, adaptive, and not invasive healing. The procedure, numerically validated by multi-physical simulations, can be applied to all solid structures made up of materials wherein the self-healing process can be induced by heating.
Environmental Constitutionalism in the Anthropocene
The Islamic legal tradition contains a wealth of environmental principles that spell out an ideal... more The Islamic legal tradition contains a wealth of environmental principles that spell out an ideal relationship between humans and nature. Core Islamic principles of tawheed and ubudiyat; and those pertaining to human stewardship; natural resources such as water, soil, plant and animal life; and natural catastrophes are considered sacrosanct by thousands of Muslims across the world. Muslim countries are well equipped to interpret Islamic environmental principles and apply them to current environmental challenges. Yet the potential of Islamic principles remains largely untapped. Legal systems in Muslim countries remain entrenched in colonial and Western influences leaving little room for invoking Islamic environmental principles. In recent years, climate change has catalysed the synthesis of Islamic principles with environmental law and policy. The looming threat of dangerous effects of climate change has pushed states and non-state entities to scout for solutions wherever they can be found. Additionally, religious institutions and leaders have stepped up to also mobilise climate action and create greater environmental awareness. In this respect, the 2015 Islamic Climate Change Symposium is a distinctive moment for Islamic environmental ethics, wherein Muslim leaders and organisations from the world-around congregated in Istanbul to lend an Islamic voice and perspective to the climate movement. The Middle East's unique positionality as a home to the largest concentration of Muslims, and a region with high fossil fuel dependency makes it necessary to assimilate Islamic principles in environmental and climate governance. This chapter explores the possibility of Islamic environmental ethics inspiring greener shifts among Middle Eastern countries.
This paper analyses the impact of the Covid-19 pandemic on the Middle Eastern and North African (... more This paper analyses the impact of the Covid-19 pandemic on the Middle Eastern and North African (MENA) region against the backdrop of two themes: climate action and human rights. In the climate context, the renewable energy sector will certainly suffer in the immediate aftermath of Covid 19. At the same time, globally, renewables have shown more resilience than fossil fuels during this crisis, which may lead to increased investments in the long-term. Nevertheless, pre-Covid commitments and estimated future gains (if any) in renewables were not enough for combating climate change. The trajectory of regional climate action was slow and inadequate to begin with, and it is likely to suffer even further, owing to economic slowdown and relief measures that will pull resources away from climate action. In the human rights context, the Covid 19 crisis has led to increased authoritarianism and has added a new layer to existing human rights and humanitarian issues. As political stability is a...
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Papers by Zainab Lokhandwala