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Knowledge lives in the lake. Case studies in environmental and customary law from southern Africa

Knowledge lives in the lake. Case studies in environmental and customary law from southern Africa

Knowledge lives in the lake: Case studies in environmental and customary law from southern Africa presents research within the framework of the international Biodiversity Monitoring Transect Analysis in Africa (BIOTA) Project.
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978-99916-855-8-8
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Book title: Knowledge lives in the lake
Subtitle: Case studies in environmental and customary law from southern Africa
Editors: Manfred O. Hinz; Oliver C. Ruppel; Clever Mapaure
Contributors: Prisca N. Anyolo; Manfred O. Hinz; Clever Mapaure; Emilia N. Namwoonde; Oliver C. Ruppel; Amanda T. Takaendesa; Sanita van Wyk; Angelique L. Zender
Cover photograph: Helgard Patemann-Hinz
Publisher: Namibia Scientific Society
Windhoek, Namibia 2013
ISBN 9789991685588 / ISBN 978-99916-855-8-8 Namibia
ISBN 9783941602755 / ISBN 978-3-941602-75-5 Germany
Softcover, 17x24 cm, 274 pages

Description:

Like its predecessor, Biodiversity and the ancestors: Challenges to customary and environmental law. Case studies from Namibia, which was published in 2008, this study Knowledge lives in the lake. Case studies in environmental and customary law from southern Africa presents research within the framework of the international Biodiversity Monitoring Transect Analysis in Africa (BIOTA) Project. Both publications were supported by the United Nations Environment Programme (UNEP). The BIOTA Project was inspired by the movement to translate the demand for sustainable development into international and national policies, which gained worldwide recognition at the Rio de Janeiro Earth Summit in 1992 and has remained on the national and international agenda since then. It was fortunate that some of the questions dealt with in the BIOTA Project could be continued in a new initiative, namely The Future of the Okavango [TFO] Project, which is still in progress.

The focus of the TFO Project is the sustainability of the Kavango River Basin, which spans from Angola through Namibia to Botswana. Some of the contributions in this volume mark the interface between the BIOTA and TFO Projects. The emphasis on water and water management in other contributions expresses this interface as well. This publication will be of special value to lawyers, anthropologists, students, policymakers and all members of the public interested in the sustainable development of mother earth. Manfred O Hinz is Professor of Law at the Faculty of Law, University of Bremen, Germany, as well as Research Professor at the University of Namibia. Oliver C Ruppel is Professor of Law at the Faculty of Law of the University of Stellenbosch in South Africa. Clever Mapaure is a lawyer reading for his PhD at the University of Namibia, where he also lectures part-time.

Content: Knowledge lives in the lake. Case studies in environmental and customary law from southern Africa

Registration of customary land rights in the Kavango Region: A rejected import. (Ndateelela E Namwoonde)
Introduction
Land tenure and land tenure reform
The requirement of the registration of customary land rights
Why registration is refused
General observation on the registration of customary rights
Conclusion
Trees at the crossroads: Internal conflict of laws in the ownership of forests in the Kavango Region. (Clever Mapaure)
Introduction
Ownership and control of natural resources from a jurisprudential perspective
Traditional forestry versus state-initiated forestry
The indispensable cog in the system
Conflict
Conclusion
Legal implications of grazing policies on the carrying capacity of rangeland in Namibia. (Angelique L. Zender)
Introduction and background
The Namibian perspective on land use and land degradation
Legislative and policy frameworks for rangeland management
Evaluating the existing legal framework: Is there a need for legislative intervention?
The NRMPS and its implementation
Conclusion
Legal impact of biofuel (Jatropha curcas) production on communal land in north-eastern Namibia. (Ndateelela E. Namwoonde)
Introduction
Jatropha production
Farming contracts
Concluding observations
Who legally owns water in Namibia's communal areas? A critical analysis of observations from empirical experience. (Clever Mapaure)
Contents
Introduction
The ownership of water from a customary law perspective
Comparison of the views on the ownership of water
Land or water "vesting in"?
The land-water ownership interface
Conclusion
The politics of rural water supply in Namibia: Exploring the dynamics of multi-layered institutional interactions. (Clever Mapaure)
Introduction
The politics of payment: Rural communities and the corporatisation of rural water supply
The corporatisation of rural water supply
The decentralisation of rural water supply services
Regional disparities in water supply
Conclusion
The Basarwa community in the Central Kalahari Game Reserve and their quest for water: The case of Mosetlhanyane & Matsipane vs. The Attorney General of Botswana. (Oliver C Ruppel and Sanita van Wyk)
Introduction
The case of Mosetlhanyane & Matsipane vs The Attorney General of Botswana
Analysis of the court's decision
Conclusion
The contributors


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