2024-03-28T13:20:23Z
https://nagoya.repo.nii.ac.jp/oai
oai:nagoya.repo.nii.ac.jp:00005900
2023-01-27T04:15:03Z
608:609:610:731
Poverty, Land and Property Rights : Memorandum from the Consideration on Transition of Land Policy of WB and the Discussion of Hernando de Soto
貧困・土地・所有権 : 世銀の土地政策変遷とデ・ソトの議論からの覚書
雨宮, 洋美
87530
Amemiya, Hiromi
87531
2007-03-20
From past studies, property rights in Tanzania provided in the “Village Land Act,1999” have been considered different from modern property rights provided by western law. These are characterized in “customary right of occupancy” and limited rights-so called “commons” for community members in villages. Debate in the Tanzanian parliament and the international community, categorizes the “Village land act” as a transitional law on the route to a completely modern law system providing personalized rights in the future. It coule be assumed that these rights are affected by land policy of the World Bank. Therefore further understanding transitional rights provided in the act, a grasp on land policy changes and the analyzing of theories for land policy of the World Bank must be undertaken. From an overview of World Bank land policy, we can see a shift from the Neo-Classical Theory of New Development Economics to the way of thinking on recognition informal systems. From this overview, we were able to find that the “Village Land Act,1999” in Tanzania is much comfortable with the newly established World Bank Land policy. This dramatic change within World Bank Policy has been influenced by the theory of Hernando de Soto. De Soto proposed grant of ownership based on fact. Through the reviewing of De Soto's theory, one can see some analytical validity for the Tanzanian situation ; however, we may find questions for the adequateness of rules made from customs. Especially for the Tanzanian case, when relying on customary identification of land, people who are not included in the customary system become excluded.
departmental bulletin paper
Graduate School of International Development, Nagoya University
2007-03-20
国際開発研究フォーラム
34
209
221
Forum of International Development Studies
2189-9126
1341-3732
jpn
http://www.gsid.nagoya-u.ac.jp/bpub/research/public/forum/34/13.pdf