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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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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2017
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| _version_ | 1867613679090925568 |
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| access_status_str | Open Access |
| author2 | OluSoyeju, Olufemi Olugbemiga |
| author_browse | OluSoyeju, Olufemi Olugbemiga |
| author_facet | OluSoyeju, Olufemi Olugbemiga |
| collection | Thesis |
| dc_rights_str_mv | © 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. |
| 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. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/58731 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:58.654Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2017 |
| publishDateRange | 2017 |
| publishDateSort | 2017 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/58731 Rethinking Zimbabwean Agricultural Land Expropriation Laws in Light of the Funnekotter Case OluSoyeju, Olufemi Olugbemiga bmoyo.moyo@gmail.com Moyo, Busani 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 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 http://hdl.handle.net/2263/58731 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. application/pdf University of Pretoria |
| spellingShingle | UCTD Rethinking Zimbabwean Agricultural Land Expropriation Laws in Light of the Funnekotter Case |
| title | 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_short | 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 |
| topic | UCTD |
| url | http://hdl.handle.net/2263/58731 |