Plural strategies of accessing land among peri-urban squatters

ABSTRACT

This paper discusses strategies utilized by migrants/squatters in accessing land for settlement and livelihoods in places where the state and the indigenes are not sympathetic to their needs. Although of significant policy and theoretical significance, this area has not received attention from scholarship, its dominant focus being on understanding the diverse origins, destinations, drivers and processes of migration. In addressing this issue, the study uses the case of Malawian migrants located in Zimbabwe’s peri-urban area of Norton. The finding of the paper is that there are as many strategies for acquiring land as they are migrants. The identified strategies (inheritance, seizures, and purchase) are contingent based – varying according to the access of the parties involved in the transactions.     

Data Protection: An Opening Door?

Swedish public law has incorporated a general rule of public access to documents, and to information in the wider sense, since the Freedom of the Press Act of 1766. On the Community level, the relationship between Regulation (EC) 45/2001 on data protection and Regulation (EC) 1049/2001 on public access to documents exemplifies the tension between the public's interest in scrutinising the administration carried on in its name, and the integrity of the individual. However, a similar tension exists between Sweden's Personal Data Act of 1998, implementing Directive 95/46, and the Freedom of the Press Act. A misuse model of data protection law, by seeking to concentrate on serious rather than technical infringements of privacy, might serve to ease the tension. The views expressed in this article are solely those of the author and are not attributable to any Community institution. This revised version was published online in August 2006 with corrections to the Cover Date.     

Four Lessons for Developing Countries from the Trade Negotiations Over Access to Medicines

After the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) came into operation in 1995 developing countries have found themselves in a process of continual negotiation over intellectual property rights and access to medicines. These negotiations have taken place in the World Trade Organization and in the context of free trade agreements. The paper suggests that the only real win for developing countries has been the Doha Declaration on the TRIPS Agreement and Public Health in 2001. What have been the lessons for developing countries in a decade of negotiations over access to medicines? Drawing on themes of rule complexity and regulatory ritualism the paper discusses four key lessons for developing countries. It concludes by arguing that developing countries will do better if they adopt a networked governance approach to negotiation rather than continuing to rely on traditional coalition formation.     

A NEW LOOK AT AN OLD ISSUE:

In 1997, the Office of Child Support Enforcement initiated the State Child Access and Visitation (AV) Grant Program, which involves annual awards of $10 million to states to promote the development of programs to alleviate access problems. Telephone interviews with 970 parents who used mediation, parent education, and supervised visitation programs funded by AV grants in nine states revealed that the programs are reaching diverse groups of parents including many low-income, non-White, and unmarried parents who receive no other type of access assistance. The programs also appear to be achieving the major objectives posited for them by the federal government. One-third to one-half of noncustodial parents in every program type reported that parent–child contact increased following program participation, with supervised visitation users who typically had the lowest levels of parent–child contact reporting a significant increase in the number of days of contact. A review of child support records for 173 program users in three states revealed that child support payments increased among participants following program participation, especially for never-married parents who paid a significantly higher proportion of what they owed. These findings are similar to results reported in a five-state study of mediation programs funded by AV grants that was conducted by the Office of the Inspector General. However, both studies have some serious limitations, including low response rates and the absence of a nontreatment comparison group.     

SUPERVISED VISITATION: A CALL FOR A SECOND GENERATION OF RESEARCH

With the divorce rate rising and related child visitation disputes becoming an increasingly difficult issue before the courts, supervised visitation programs have proliferated over the last decade. The literature demonstrates that ongoing contact between children and both parents following separation and/or divorce is important for children's socio‐emotional adjustment and positive child/parent relations. However, there is a paucity of literature demonstrating a relationship between supervised visitation programs and child/parent relationship outcomes. Based on the lack of outcome research the authors argue for a second generation of research regarding intended and unintended consequences of supervised visitation. This article reviews and synthesizes the current literature, highlighting strengths, limitations, significant findings and proposes a critical need for evidence‐based research.     

THE POTENTIAL OF THE FAMILY LAW EDUCATION REFORM PROJECT FOR FAMILY LAWYERS1

Family lawyers are major beneficiaries of the reforms set out in the Family Law Education Reform Project (FLER) Report. This commentary from a veteran family law practitioner explores the needs of the family law bar for the training of law students in practical, interdisciplinary, client‐centered lawyering that goes beyond the traditional case method. I trace many of the current innovations evolving in family law practice and how FLER reforms will not only benefit law schools but also have a major impact in the courts and private practice sector.     

论民族区域自治在云南实践的成就与经验

民族区域自治是解决中国民族问题的基本政策.本文深入探讨了其在云南实践和发展中取得的成就,并据此分析了民族区域自治在云南实践的基本经验.     

中国法律服务市场开放问题浅析

法律服务市场开放问题属于<服务贸易总协定>(CATS)的调整范围.在GATS框架下,各国法律服务市场开放主要面临三种障碍,即市场准入障碍、国民待遇障碍和政策障碍.开放法律服务市场是我国履行世贸组织下的具体承诺的必然要求和表现,但我国也应充分利用GATS的规则,采取逐步开放的政策,最大限度地为我国的法律服务市场提供保护.     

就业平等权的法律保护

形形色色的就业歧视现象说明,目前我国公民的就业平等权保护不足。这种情况不利于维护我国法律的权威,不利于维护稳定的法治秩序,也不符合就业平等权保护的国际化潮流。应当从我国实际情况出发,借鉴其他国家的经验,加强对公民就业平等权的法律保护,为此需要从完善立法、加强执法、司法等方面采取有效措施。     

妇女就业中遭受“隐性歧视”问题的成因及对策浅析

妇女在就业中遭受"隐性歧视",已成为阻碍妇女成为先进生产力创造者的社会问题.真正解决这一问题,首先,要从根本上转变传统观念,树立科学的男女平等观,鼓励妇女从家庭的束缚中解脱出来,这是消除就业"隐性歧视"的根本;其次,要致力于提高妇女文化素质、心理素质,使妇女有实力去竞争合适的岗位,这是消除就业"隐性歧视"的关键;最后,要健全保障妇女就业的政策法规,制定具体的、切实可行的监督管理措施,使侵犯妇女平等就业权利的行为能够受到严厉惩处,这是消除就业"隐性歧视"的保障.