Land regulations and land disputes in developing countries

Interactions of state laws and social rules in resolving land disputes Bui Thi Bich Lien Prepared for the 11th Annual Democracy Lecture by Centre for Constitutionalism and Demilitarization, Lagos, Nigeria on December 2013 Land is an essential part of human life It represents not only physical but also intangible elements of human relations Land is regarded not simply as an economic or environmental asset, but as a social and cultural resource.1 As such, it is one of the key subjects of interactions between state and society How land is used, managed, and disputed affects the quality of social stability and development This paper presents a number of key issues regarding the interactions between state laws and social rules in resolving land disputes Settlement of land conflicts is always complex, and it reflects the historical, political, and cultural conditions of the nations in which disputes happen Furthermore, domestic land disputes are not entirely isolated from the regional and international environment in the era of globalisation It is not possible to discuss all of these factors in one article, or to generate a universal framework for land dispute resolution The paper only sets to provide a snapshot of the most important issues in understanding the settlement of land disputes It starts with a summary of major approaches to dispute resolution After that, it examines recent trend in land law reform in developing countries Finally, it introduces a potential model for land dispute resolution State laws and social norms that govern land relations are collectively referred to as land regulations Social norms imply all customary norms or traditional practices in relation to land that are widely accepted United Nation Economic Commission for Africa, F a e o k a d Guideli es o La d Poli http://www.uneca.org/lpi i Af i a , a aila le at Mapping approaches to disputes resolution This section briefly presents a number of key approaches to understand dispute resolution Disputes are inevitable to any society They occur, develop, and get resolved as a part of social evolution However, unsatisfactory settlement of disputes can hinder social development, and is a potential source of social instability Effective resolution requires sound understanding about the nature of the subject matter Below are the four main traditions that study the role of state and social institutions in resolving disputes Alternative Dispute Resolution Alternative dispute resolution (ADR) is a contemporary trend in the field of dispute resolution The term itself suggests methods of dispute resolution that avoid litigation ADR refers to a range of non-adversarial methods for resolving disputes such as mediation, conciliation, arbitration, and negotiation The idea of ADR first evolved in America the 1920s The founders of ADR were interested in studying patterns of social ordering.2 They were concerned that the capacity of court and adversarial litigation to adapt to changes in social conditions Specifically, the binary nature of litigation may limit its usefulness for complicated disputes that involve deep social conflicts They acknowledged that different disputes require different types of processes La s fu tio was to set out ideals and standards for civic participation, to provide a means for settling disputes and to preserve social harmony Law was enforced by legal institutions Other nonlaw processes were driven by the necessity of cooperation in social life For example mediation was the administration of social norms It was a site for private rule making, not state-made law Menkel-Meadow, Mothe s a d Fathe s of I e tio : The I telle tual Fou de s of AD‘ (2000) 16 (1) Ohio State Journal on Dispute Resolution 1, 13-30 ADR was institutionalised in the America in the 1970s, and quickly spread to other common law jurisdictions including the United Kingdom, Canada, Australia, and New Zealand.3 It was also introduced to developing countries including the Sub-Saharan region.4 Despite its rapid growth and the claim of providing a broader view of justice, ADR is associated with certain shortcomings It develops as a reaction to adversarial justice in the common law system.5 This means that ADR arose out of Western rule of law societies and is accordingly grounded on assumptions about the centrality of court-based disputes resolution that not resemble conditions in non-Western societies The institutionalisation of ADR also requires adequate infrastructure which may not always be available in developing countries ADR can provide additional dispute resolutions for private sector and business communities but its potential for broader society is limited Judicialization Contrary to ADR, supporters of judicialization propose that courts and judicial process play an increasingly important role in society.6 B judi ializatio , the involvement in the formation and egulatio of pu li poli efe to a the judi ial Judicialization discusses regulatory change and how that affects the settlement of social conflicts.8 This concept was ased o the otio of o fli t st u tu e i t iads , a o di g to hi h t o people agree to submit their dispute to a third party for settlement.9 Because the resolution of Hilary Astor and Christine M Chinkin, Dispute Resolution in Australia: History, Context and Theory of Alternative nd Dispute Resolution (LexisNexis Butterworths, ed, 2002) 4 For example, see Arbitration and ADR in Africa, available at http://www.adrinafrica.com/web/index.html Development Initiatives Network also published a book titled Alternative Dispute Resolution and Land and Environment Disputes in Nigeria by Olayinka Shitta-Bey in 2003 For example, see Carrie Menkel–Meadow, above note Tom Ginsburg and Albert H Y Chen (eds) Administrative Law and Governance in Asia: Comparative Perspectives (Routledge Taylor & Francis Group, 2009), ix To Gi s u g, The Judicialization of Administrative Governance: Causes, Consequences and Limits, Tom Gi s u g i To Gi s u g a d Al e t H Y Chen (eds) Administrative Law and Governance in Asia: Comparative Perspectives (Routledge Taylor & Francis Group, 2009) 1, Mi hael W Do dle, O the ‘egulato D a i s of Judicialization: the Promise and Perils of Exploring Judi ializatio i East a d “outheast Asia i To Gi s u g a d Al e t H Y.Chen (eds) Administrative Law and Governance in Asia: Comparative Perspectives (Routledge Taylor & Francis Group, 2009) 23, 36 Martin Shapiro, Courts: A Comparative and Political Analysis (University of Chicago Press, 1981) 1-8 a dispute can lead to one winner and one loser, it is essential to prevent the triad from breaking down into two against one The social relevance and usefulness of the triad is largely decided by the neutrality and impartiality of the third party Depending on the nature of the dispute, disputants can select different forms of resolution in the mediating continuum, ranging from negotiation, mediation, arbitration, to adjudication Courts are the least consensual and the most coercive of triadic dispute resolution institutions When parties go to court, they also consent to legal norms and the discretionary power of judges to resolve their disagreement However, courts are political institutions and thus they are required to control society, make and administer law In other words, court s work includes not only the resolution of legal disputes, but also legitimates the political regime by allocating scare economic resources or setting major social policies.10 Judicialization is a process to build the ou t apa it so that it a autho itati el dete i e the o te t of a o u it s normative structure (such as culture, common practices, or institutionalised rules).11 Judicialization helps us assess how changes in the political legal landscape affect disputa ts behaviours In addition, it suggests how judicial development may affect the social normative structure Yet, the benefits of judicialization are potential in a constitutional context where courts are sufficiently strong, and state law generally plays a more dominant role than social norms in regulating behaviours I additio , it is still su je t to de ate hethe ou ts o t i utio to the ge of o u it s o ati e st u tu e e efits so iet as a hole Let us look at an example of how state law and courts dispute esolutio may affect the norm of customary tenancy in Nigeria This communal norm is a de facto recognition of landlord ownership rights by tenant farmers.12 It enables strangers to access land even when he (or she) 10 Ibid, 24-63 Ibid 71-72 12 Akin L Mabogunje, Land Reform in Nigeria: Progress, Problems & Prospects , a aila le at http://siteresources.worldbank.org/EXTARD/Resources/336681-1236436879081/58933111271205116054/mabogunje.pdf 11 did not belong to a family or community who had the rights to use land.13 The new concept of ownership rights in the Land Use Act sets a different approach to land accessibility Experts argued that decision by Oyo State High Court in Akinloye v Ogungle in 1979 may have had the consequence of eliminating customary tenancy 14 The powers of traditional authorities, such as heads of families, to exercise rights on behalf of their families had been deviated to the state While experts did not overlook the problems associated with customary tenancy, they were concerned that the disappearing of this practice leads to tenure insecurity of poor farmers.15 Customary tenancy, however, is resilient In 1991, the Nigerian Supreme Court decided to rule in favour of the continued entitlement of landowners in Abioye v Yakubu The fact that customary right can be granted by a local government under the Land Use Act has not taken it out of the realm of customary law.16 By this decision, the Supreme Court acknowledged that state law does not replace customary norms Procedural justice (or justice of the procedure) Procedural justice refers to the subjective assessments by people about the fairness of a decision making process.17 It takes the view that public perception about the action of legal authorities is central to the effectiveness of the legal system.18 It explains why disputants 13 L.K Ag osu, Extinction of Customary Tenancy in Nigeria by the Land Use Act: Akinloye v Ogungbe , Journal of African Law, Vol 27, No (Autumn, 1983), pp 188-195 14 Ibid For further examples of how judicial decisions affect customary norms, see L K Agbosu, The Land Use Act and the State of Nigerian Land Law , Journal of African Law, Vol 32, No (Spring, 1988), pp 1-43 There are conflicting evaluations of customary tenancy, and the outcome of debates changed overtime Authors who support social justice argue that it is one of the great Nigerian customary practices that provided cheap, quick, simple and convenient means of acquiring land in rural communities On the other hand, development professionals once believed that customary land tenure systems pose insurmountable obstacles to agricultural development and land resource conservation “ee S Famoriyo, Land Tenure, Land Use and Land Acquisition in Nigeria , available at http://horizon.documentation.ird.fr/exl-doc/pleins_textes/divers07/03068.pdf, Emea O Arua and Eugene C Okorji, Multidimensional Analysis of Land Tenure Systems in Eastern Nigeria , available at http://www.fao.org/sd/ltdirect/lr972/w6728t14.htm Recent empirical evidence, however, reveal that state registration and titling not automatically enhance tenure security, but may even be source of insecurity See further discussion on land law reform in developing countries below 15 L.K Agbosu, note 13 above 16 E Snwauche, Legal Pluralism and Access to Land in Nigeria , http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2151460 17 “ posiu , P o edu al Justi e a d the ‘ule of La : Foste i g Legiti a i Alte ati e Dispute ‘esolutio , (2011) Journal of Dispute Resolution 1, 18 To ‘ T le , P o edu al Justi e, Legiti a , a d the Effe ti e ‘ule of La (2003) 30 Crime and Justice 283, 284 choose state mechanisms to resolve their conflicts In addition, it suggests reasons why state law and legal institutions succeed or fail to become effective regulators in dispute resolution.19 Legiti a of autho ities is a oti atio al fo e that guides people s eha iou 20 If disputants elie e that the judge s de isio is fai l ade, the a e more willing to accept it and the justice system voluntarily.21 People are more concerned about the fairness of court procedures than the fair outcomes of their litigation experience.22 I othe o ds, people s assess e ts of the decision making process shapes their satisfaction with the outcome Factors that promote procedural justice generally include impartiality in decision making, ethics, and status recognition by decision makers.23 Procedural justice helps us understand when people switch their preferences from social norms to state regulations For example, the use of this concept may explain why implementation of Land Use Act in some areas is challenging.24 However, procedural justice is also associated with certain shortcomings A focus on people s judg e t of legal o ho othe so ial o s lea es aside the uestio of s o t i ute to the shapi g of people s eha iou s and the resolution of disputes A systematic view: Interactions between state laws and social rules This analytical lens differs from all of the above because it does not assume that only the state has power to resolve social conflicts It suggests that different regulatory systems, including state laws and social rules, co-exist and interact with each other in guiding people s eha iou s Legal system co-evolves with other social systems when they communicate through mutually comprehendible norms The consequence of this process is an increase in the receptiveness to legal norms On the other hand, if law, economics, politics and society bypass each other in 19 It should e oted that this o ept is diffe e t f o due p o ess i o o la s ste Tom R Tyler, Why People Obey the Law (Princeton University Press, 2006) 24 21 To ‘ T le , “o ial Justi e: Out o e a d P o edu e International Journal of Psychology 117, 119 22 Ibid, 120 23 To ‘ T le , What is P o edu al Justi e? C ite ia Used Citize s to Assess the Fai ess of Legal P o edu es (1988) 22 (1) Law and Society Review 103, 136 24 Emea O Arua and Eugene C Okorji, note 14 above 20 their communication, multiple regulatory norms come to co-exist and provide different behavioural guidance 25 They may even collide with each other and generate disputes To understand the social value of law in resolving disputes, it is important to be aware of its conflict deviating effect.26 By reconstructing a dispute under artificial legal procedures with the support of artificial legal language, law deviates the original conflict by using its symbolic value Law possesses neither adequate understanding nor empathy to the causes of the dispute and the needs of disputants What it does is falsifying the realities of the conflict and producing symbolic decisions Law may not justice to the disputants as ADR does However, when conflicts appear non-resolvable by social norms, then law shows its potential to deviate such conflicts This special effect of law, however, requires the existence of an independent and powerful legal professional community It is, therefore, more common in urbanised and industrialised areas where communal norms are weakened.27 This approach is particularly useful to study disputes in a complex regulatory environment where state law co-exists with customs and traditional norms It asserts that socio-economic, cultural and institutional factors all influence land relations In addition, it recognises that the existence of multi-layer land regulations may provide different behavioural guidance for land users For example, the statutory right of occupancy under Nigerian Land Use Act is analogous to the Euro-American land systems that are based on individual property rights Meanwhile, Nigerian customary land tenancy is related to family and community It was a layering of owners.28 Differences or gaps between these norms may lead to conflicts Effective dispute 25 Niklas Luhmann, Operational Closure and Structural Coupling: the Differentiation of the Legal System 99 1992) 13 Cardozo Law Review 1432 26 Gunther Teubner, Alienating Justice: On the Social Surplus Value of the Twelfth Camel i Ji i P i a a d Da id Nelken (eds) Law’s New Bounda ies: Conse uences of Legal Autopoiesis (Ashgate Publishing Limited, 2001) 21, 26 27 For example, the Governor of Lagos disclosed that 1,957 cases of land disputes have been filed in Lagos High Court since 2009 There were 420 in 2009, 356 in 2010, 590 in 2011, and 591 in 2012 See http://www.codewit.com/nigeria-news/5779-nigeria-we-have-filed-1-957-cases-on-land-disputes-in-3-yearsfashola 28 Pauline E Peters, Challenges in Land Tenure and Land Reform in Africa: Anthropological Contributions , World Development (2009) Vol 37, No 8, pp 1317-1325 Non-Africans hold different views about African customary tenure Some argued that it is based on the concept of group ownership of absolute rights in land, with individuals acquiring usufruct rights (see Emea O Arua and Eugene C Okorji, note 14 above) Anthropologists, however, did resolution requires an understanding of how the norms interact with each other, when they diverge and when they converge The sections below employ this approach to examine the interactions between state and community in shaping land reform in developing countries, and present a potential model for dispute resolution Land Law Reform in Developing Countries Land law has always been important in the state s agenda of most developing countries The specific preferences that a national government chose for its land law are often shaped by the historical and political context of that particular country Land in South Africa, for example, is strongly associated with concerns for historical injustices against groups The land issue, therefore, e s olatile a d esista t to si ple e o o i solutio s It epresents how historical injustices colliding with demands for contemporary fairness.29 The current land regime in Nigeria also has a long and complex history.30 Despite a variety of policy options, there are certain common traits of land law reforms in developing countries Debates associated with these reforms evolve around the issues of statutory laws and customary norms, state-led and community-led initiatives State-led reforms are conducted by national governments in a top-down fashion and often involve the expansion of the state at the expense of other forms of social authorities Meanwhile, community-led reforms focus on connecting state actions with bottom-up political initiatives ot suppo t the use of usufruct rights because this concept was derived from Roman law They asserted that the layering of ownership in customary tenure does not exclude individual rights 29 James Gibson, Land Redistribution/Restitution in South Africa: A Model of Multiple Values, as the Past Meets the Present , British Journal of Political Science (2010), Vol.40(1), pp.135-169 30 Akin L Mabogunje note 12 above See further, Muiz Ba i e, To a ds Effe ti e Co t ol a d Ma age e t of Land in Nigeria: A Re-evaluation of the Land Use Act Oxford University Commonwealth Law Journal, (2005) (2) pp.257-286 and property relations on the ground.31 At the core of these debates is effort to communicate different conceptualisations of land by different groups of actor Research shows that land reforms were a primary state activity in developing countries in the 20th century Reform programmes that spread out Eastern Europe, Asia, Latin America, and Africa reflected states ambition to bring about economic development In addition, land reform was considered an important tool for the newly independent nation states to strengthen their authorities over rural areas Commentators believed that this model of stateled reform was associated with illusion of bureaucratic or technocratic omnipotence.32 Overtime state-led reform displays inherent limits in regulating land relations Implementation of land laws often reflects struggles over legitimacy and control between state and society.33 The states face significant challenges due to the lack of supports from local actors, or the competence of the bureaucracy to accommodate various meanings of land, plural notions of property, and diverse political economic contexts.34 For example, anthropological research shows that the perceived problems in African agriculture were less due to problems inherent in customary land tenure than to broader social and political economic conditions 35 From a legal perspective, the introduction of modern land laws in developing countries represents a common trend of legal t a spla tatio or legal borrowing The newly independent states develop their land laws largely by borrowing model of land management from advanced legal systems This practice is based on the assumption that legal institutions can travel across national borders and survive the journey.36 Legal borrowing did not have significant references to indigenous social, political, or economic factors Critics of this approach have pointed out that although legal ideas can transfer across borders, their 31 Thomas Sikor and Daniel Muller, The Limits of State-Led Land Reform: An Introduction , World Development (2009) Vol 37, No 8, pp 1307-1316 32 Ibid 33 Donald C Williams, Measuring the Impact of Land Reform Policy in Nigeria , The Journal of Modern African Studies, (1992) 30 (4) pp 587-608 34 Thomas Sikor and Daniel Muller, note 31 above 35 Pauline E Peters, note 28 above 36 Alan Watson, Comparative Law and Legal Change, Cambridge Law Journal, (1978) 37 (2) pp 313–36 meanings lie with the interpretations of local recipients It is vital to understand how, why, and by whom an imported legal text is used in local conditions because the language of the law does not by itself tell what happens in a legal system Take the example of the Land Use Act The Act was viewed as an attempt by the Nigerian military government to create a uniform system of land holding throughout Nigeria It provides a potentially important means for improving land relations via certificates of occupancy The implementation, however, has attracted controversial debates.37 Legal scholars challenged the interpretation of imported legal concepts such as t ustee-beneficiary relationship , o highlighted the problem of normative shopping by land users.38 Other social scientists use empirical evidences to show that local governments lack adequate resources to implement the Act In addition, land tenure practices remain largely unaffected because of the resilience of customary norms.39 Community-led land reform has emerged as a response to the limits of state-led land reform Community has played a more significant role in debates and strategies on land issues, although the spe ifi ea i g of o u it a ies f o o e country to another This new approach has been supported by both empirical evidences and conceptual foundations Scholars assert that property relations are dynamics and are often open to negotiation through social processes As such, land reform cannot focus exclusively on the state and needs to be responsive to conditions on the ground such as local livelihoods and culture However, scholars are also cautious that community-led reform cannot be separate from state actions In addition, community initiatives should be contextually fit.40 37 Muiz Banire and Akin L Mabogunje note 30 above It is not possible to mention here the numerous books and articles discussing the implication of the Land Use Act that are produced si e the A t s promulgation 38 39 L.K.Agbosu note 13 above, and E Snwauche note 16 above Donald C Williams, note 31 above Donald Williams research was conducted in Oyo State See further Emea O Arua and Eugene C Okorji note 14 above This research was conducted in Eastern Nigeria comprising Abia, Akwa Ibom, Anambra, Cross River, Enugu, Imo and Rivers States Similar evidence was collected from Uturu See also Uchendu Eugene Chigbu and Michael Klaus, Insecurity-Generating System of Land Tenure and its Impact on Rural Development: Evidence from Uturu, Nige ia , a aila le at http://www.fig.net/pub/fig2013/papers/ts07b/TS07B_chigbu_klaus_6375.pdf 40 Thomas Sikor and Daniel Muller, note 31 above The integration of community in land reform is evident in a strategic document that aims to provide guidance and framework for land policy in Africa Specifically, the guidance acknowledges the variety of regulatory regimes relating to land tenure, use, management and environment governance Land issues are considered not only from geographical, political, economic angles, but also from social and cultural perspectives National governments are encouraged to acknowledge the legitimacy of indigenous land rights systems, and the role of community-based land management institutions alongside those of the State.41 This approach is also reflected in the Nigerian debate about land law reform.42 Legitimacy as a suggested model for resolving land disputes in plural land regimes Based on the understanding that both state laws and social norms have the power to regulate land relations, scholars have suggested a model for dealing with land disputes where multiple layers of land regulations co-exist The foundational concept that informs the development of the model is that land disputes are socially constructed The cornerstone of the model is legitimacy expectations 43 There are often different actors, such as State, corporations, citizens who involve in land disputes They not only view land use rights differently, but also have different understandings about what constitutes just settlement In other words, their expectations about the legitimacy or fairness of a resolution differ Actors who view disputes in similar way are more likely to find common ground and lasting solutions There are three dimensions of legitimacy, namely pragmatic legitimacy, normative legitimacy, and cognitive legitimacy.44 Pragmatic legitimacy 41 United Nation Economic Commission for Africa, note above Akin L Mabogunje, note 12 above 43 John Gillespie, Exploring the Role of Legitimacy and Identity in Framing Responses to Global Legal Reforms in Socialist Transforming Asia , Wisconsin International Law Journal, 2011 (29) 3, pp 535-579 44 Ibid 42 Pragmatic legitimacy efe s to people s assess e t of the ate ial e efits that land regulations may bring them Most people consider the economic implications when they involve in land relations For example, when the State clears land for an infrastructure project, people who have to reallocate will evaluate the legitimacy of the resettlement process by reference to the economic values of their pre- and post-settlement land Normative legitimacy Scholars, however, note that what constitutes a material benefit is determined by understanding about what is right, separately from judgments about what is personally beneficial 45 Notions of right and wrong or fairness are, in turn, assessed by reference to a deeper moral base or normative legitimacy For example, normative shopping by Nigerian land holders is a phenomenon that comes with the introduction of the Land Use Act.46 Much litigation involves the sale of customary land because there are two different sets of norm that govern this type of transaction Legal rights over customary land are derived from individual rights, while customary land has traditionally been subject of family and communal management These two different norms form different expectations of disputants and draw them into conflicts Cognitive legitimacy Cog iti e legiti a ep ese ts people s pe eptio of ealit a d it p ofou dl shapes attitudes toward disputes It is based on ideologies, religion or spiritual beliefs Cognitive legitimacy is often taken for granted and is closely associated with collective identity.47 For example, land disputes in South Africa, as mentioned above, are difficult to resolve because they involve group identity The issue is deeply embedded in racism and the injustices of the past People are motivated and drawn into conflicts even when they have no expectation of material benefits from the redistribution of land since land is a symbol of historical injustice to them 45 Ibid John Gillespie, note 43 above 47 Ibid 46 This model provides a framework for identifying different legitimacy expectations of actors who involve in conflicts Disputes are likely to be resolved when forums are created for communicating, mediating and bridging the differences The benefits of the model are yet to be proven However, there are conceptual insights and empirical evidence that support the model Thus it is recommended for policy makers and researchers to critically assess its potential REFERENCES Akin L Mabogunje, Land Reform in Nigeria: Progress, Problems & Prospects , http://siteresources.worldbank.org/EXTARD/Resources/336681-1236436879081/58933111271205116054/mabogunje.pdf Alan Watson, Comparative Law and Legal Change, Cambridge Law Journal, (1978) 37 (2) pp 313–36 Arbitration and ADR in Africa, http://www.adrinafrica.com/web/index.html Do ald C Willia s, Measu i g the I pa t of La d ‘efo Studies, (1992) 30 (4) pp 587-608 Poli i Nige ia , The Journal of Modern African E Snwauche, Legal Plu alis a d Access to Land in Nigeria , http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2151460 Emea O Arua and Eugene C Okorji, Multidimensional Analysis of Land Tenure Systems in Eastern Nigeria , http://www.fao.org/sd/ltdirect/lr972/w6728t14.htm Gunther Teubner, Alienating Justice: On the Social Surplus Value of the Twelfth Camel i Ji i P i a a d Da id Nelken (eds) Law’s New Bounda ies: Conse uences of Legal Autopoiesis (Ashgate Publishing Limited, 2001) Hilary Astor and Christine M Chinkin, Dispute Resolution in Australia: History, Context and Theory of Alternative nd Dispute Resolution (LexisNexis Butterworths, ed, 2002) http://www.codewit.com/nigeria-news/5779-nigeria-we-have-filed-1-957-cases-on-land-disputes-in-3-yearsfashola James Gibson, Land Redistribution/Restitution in South Africa: A Model of Multiple Values, as the Past Meets the Present , British Journal of Political Science (2010), Vol.40(1), pp.135-169 John Gillespie, Exploring the Role of Legitimacy and Identity in Framing Responses to Global Legal Reforms in Socialist Transforming Asia , Wisconsin International Law Journal, 2011 (29) 3, pp 535-579 L K Ag osu, The Land Use Act and the State of Nigerian Land Law , Journal of African Law, Vol 32, No (Spring, 1988), pp 1-43 L.K Ag osu, E ti tio of Custo a Te a i Nige ia African Law, (1983) 27 (2) pp 188-195 the La d Use A t: Aki lo e Ogu g e , Journal of Martin Shapiro, Courts: A Comparative and Political Analysis (University of Chicago Press, 1981) Menkel-Meado , Mothe s a d Fathe s of I e tio : The I telle tual Fou de s of AD‘ (2000) 16 (1) Ohio State Journal on Dispute Resolution 1, 13-30 Mi hael W Do dle, O the ‘egulato D a i s of Judicialization: the Promise and Perils of Exploring Judi ializatio i East a d “outheast Asia i To Gi s u g a d Al e t H Y.Chen (eds) Administrative Law and Governance in Asia: Comparative Perspectives (Routledge Taylor & Francis Group, 2009) Muiz Ba i e, To a ds Effe ti e Co t ol a d Management of Land in Nigeria: A Re-e aluatio of the La d Use A t Oxford University Commonwealth Law Journal, (2005) (2) pp.257-286 Niklas Luhmann, Operational Closure and Structural Coupling: the Differentiation of the Legal System 13 Cardozo Law Review 1432 Pauli e E Pete s, Challe ges i La d Te u e a d La d ‘efo Development (2009) Vol 37, No 8, pp 1317-1325 99 -1992) i Af i a: A th opologi al Co t i utio s , World S Famoriyo, La d Te u e, La d Use a d La d A uisitio i Nige ia , http://horizon.documentation.ird.fr/exldoc/pleins_textes/divers07/03068.pdf “ posiu , P o edu al Justi e a d the ‘ule of La : Foste i g Legiti a (2011) Journal of Dispute Resolution 1, i Alte ati e Dispute ‘esolutio , Tho as “iko a d Da iel Mulle , The Limits of State-Led Land Reform: An Introduction , Wo ld De elop e t (2009) Vol 37, No 8, pp 1307-1316 Tom Ginsburg and Albert H Y Chen (eds) Administrative Law and Governance in Asia: Comparative Perspectives (Routledge Taylor & Francis Group, 2009) To Gi s u g, The Judicialization of Ad i ist ati e Go e a e: Causes, Co se ue es a d Li its, To Gi s u g in Tom Ginsburg and Albert H Y Chen (eds) Administrative Law and Governance in Asia: Comparative Perspectives (Routledge Taylor & Francis Group, 2009) To ‘ T le , P o edu al Justi e, Legiti a , a d the Effe ti e ‘ule of La To ‘ T le , “o ial Justi e: Out o e a d P o edu e To ‘ T le , What is P o edu al Justi e? C ite ia Used (1988) 22 (1) Law and Society Review 103- 136 Crime and Justice (2003) 30 International Journal of Psychology 117- 119 Citize s to Assess the Fai ess of Legal P o edu es Tom R Tyler, Why People Obey the Law (Princeton University Press, 2006) Uchendu Eugene Chigbu and Michael Klaus, Insecurity-Generating System of Land Tenure and its Impact on Rural Development: E ide e f o Utu u, Nige ia , http://www.fig.net/pub/fig2013/papers/ts07b/TS07B_chigbu_klaus_6375.pdf U ited Natio E o o i Co issio fo Af i a, F a e o k a d Guideli es o La d Poli http://www.uneca.org/lpi i Af i a , ... they diverge and when they converge The sections below employ this approach to examine the interactions between state and community in shaping land reform in developing countries, and present... resolving land disputes in plural land regimes Based on the understanding that both state laws and social norms have the power to regulate land relations, scholars have suggested a model for dealing... agricultural development and land resource conservation “ee S Famoriyo, Land Tenure, Land Use and Land Acquisition in Nigeria , available at http://horizon.documentation.ird.fr/exl-doc/pleins_textes/divers07/03068.pdf,