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About the publicationThe book is a critical, genealogical analysis of land questions in the South through an original analysis of the Malawi experience. Through the author’s experience in land reform and subsequent advanced research in the area, the book notes that land reform discourse is dominated by an ethos based on market as value which, in turn, has cemented the ubiquity of a universal, automatic transition from land reform to land law reform in tackling a land question in a country. Using a Foucauldian–based theory of governmentality and responsibilisation, the book provides a reassessment of the norms in land reform discourse and argues for the conception of a right to property in land as a social relation. The book reveals the parochial interests of global capital, local elites and even the land-deprived that underpin a land question. The lack of synergy between law and policy leads to the consistent emergence of two ‘beings’: first, a responsibilised citizen in the mould of the land deprived who constitutes a source of cheap, wage labour for the large estate agriculture sector; and second, a land owner as the efficient producer at the centre of the large estate agriculture sector. The book then proposes an alternative norm in land reform discourse based on a responsibilised State.About the editor:Chikosa M Silungwe PhD Attorney; Consultant; Academic.Table of ContentsAcknowledgmentsDedicationIntroduction1 The context2 Rationale and main argument3 Market as value and land reform modelling3.1 Market as value3.2 Power dimension of land reform3.3 Market-based land reform models3.4 Reflection on market-based land reform modelling4 On responsibilisation5 On method6 Final wordGovernmentality, responsibilisation and the land question1 Thinking theory2 The Foucauldian ‘idea’ of governmentality2.1 Governmentality and analytics of power2.2 Governmentality and law3 ‘Everyday struggles’: Conduct and counter-conduct4 Responsibilisation: A framework for analysis4.1 The nature of hegemonic responsibilisation4.2 The nature people-generated responsibilisation5 Governmentality-responsibilisation: Whither the resolution of land question in Malawi?6 Final word‘Right’, ‘property’ and the ‘customary’ space: Conceptual issues and the land question1 The nature of the right to property1.1 Character of a ‘right’1.2 The meaning of ‘property’: The right to property as a social relation2 The right to property in land: An analysis of the ‘customary’ space2.1 The root of the ‘customary’ space2.2 The nature of ‘customary’ (land) tenure3 The beneficial interest in land: ‘Customary land’ under the Malawian Land Act4 Final wordGlobal-local policy linkage, responsibilisation and the land question1 Global-local policy linkage1.1 The World Bank’s land policy framework, 20031.2 The national macroeconomic framework as a site of conformity2 National policy interventions in the land question2.1 ‘Let sleeping dogs lie’: The Presidential Commission of Inquiry on Land Policy Reform, 19962.2 The land utilisation studies, 1995-19982.3 The National Land Policy2.4 Intervention of the Malawi Law Commission2.5 The Green Belt Initiative3 Final wordA multiverse of interests and the land question1 The state and the Achikumbe2 The state and the land deprived3 The Achikumbe and the land deprived4 The intra-‘community’ dynamics4.1 The role of chiefs4.2 Eni malo and obwera: The ‘internecine’ conflict of the land deprived5 The nature of the multiverse6 Final wordLast word: Towards a responsibilised state1 Reiterations2 The nature of people-generated responsibilisation: The basis of the responsibilised state2.1 Public trust and social trust: The constitutional basis of people-generated responsibilisation2.2 Counter-conduct and the beneficial interest in land2.3 The land question in the political economy3 The responsibilised state: A restatement4 Final word4.1 The presumptions4.2 The wider angle5 The thesis: a précisBibliography

land reform Malawi Responsibilisation Malawian Land Act Land Policy Reform Green Belt Initiative Malawi Law Commission

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About the publicationThis book examines the Malawian Personal Property Security Act (PPSA) of 2013 that is based on the United Nations Commission of International Trade Law’s Legislative Guide on Secured Transactions. The PPSA is the first of its kind in Africa but there are several countries, including Ghana, Kenya, Liberia, South Sudan and Zambia that are in the process of undertaking similar reforms. One of the authors is directly involved as a consultant to the International Finance Corporation of the World Bank Group in all of these countries. Secured transactions have already become an important area of law introducing new concepts for the legal profession, lenders and borrowers in Africa. The book provides commentaries on individual sections of the PPSA that include practical examples, hypotheticals, illustrations of lending practices, relevant scholarly writings, and case law from the jurisdictions that inspired this reform, including Australia, Canada, New Zealand and the United States. This book seeks to provide an easy to read guide that is accessible to lawyers, judges and creditors who will use the law on a daily basis but also to foreign policymakers considering a similar reform. The IFC is about to launch a reform initiative of this kind in South Africa.This remarkable work offers a rare, broad and comprehensive examination of the law relating to secured transactions in Malawi. It comes at the right moment as it focuses on the newly enacted Personal Property Security Act. The authors have succeeded in covering an impressive number of intricate legal questions on the subject with great ease and clarity. The book brings together topics that frequently raise problems in this area of law but which are rarely analysed together and it enriches the perspectives of the reader with a lot of cross -jurisdictional references. It is a’ must have’ for lenders, borrowers and their respective legal advisors. It is also a useful eye opener on the subject for the discerning law student.Kalekeni KaphaleAttorney General, Lilongwe, MalawiComments:Modernisation of law or law reform in the area of Personal Property Security Law has always been thought as a romantic and an abstract goal. The recent reform in Malawi in this field is a good example of how modernisation of law can be achieved. This book does an excellent job in picking out the principal issues in and challenges associated with the law reform in the area of Personal Property Security Law by an insightful and incisive analysis of the emerging policy questions in Malawian Law.Dr Orkun Akseli DurhamUniversity Law School, UKThis book offers clear and concise commentary on the Malawian law of secured transactions – the Personal Property Security Act (PPSA). It explains the fundamental concepts underlying the PPSA, such as that of unitary and functional security interest, illustrates the application of its provisions in hypothetical situations, references similar laws in Australia, Canada, New Zealand and the United States and overall provides useful guidance to the users. It is unique in that it provides insights into the drafting of the PPSA itself in which both authors were actively involved. In view of the fact that the PPSA of Malawi implements to a large extent the recommendations of the UNCITRAL Legislative Guide on Secured Transactions, the authors included numerous references to the relevant recommendations of the Guide and its commentaries to direct the user to an invaluable source for further guidance and interpretation. So, this book is yet another testament of the growing influence of the UNCITRAL Legislative Guide on Secured Transactions on both the drafting of secured transactions legislation and its interpretation. This book will not only provide indispensable guidance to the users of the Malawian PPSA but could become an important tool in the implementation of similar reforms in the Sub-Saharan African countries that have already undertaken or contemplate PPSA-like reforms.Spyridon V BazinasSenior Legal OfficerInternational Trade Law Division, Office of Legal Affairs (UNCITRAL Secretariat)About the Editor:Marek Dubovec is Senior Research Attorney at the National Law Center for Inter-American Free Trade, Arizona, United StatesCyprian Kambili is Legal Specialist at the Ministry of Industry and Trade, Lilongwe, MalawiTable of ContentsForewordIntroductionUsing the UNCITRAL Legislative Guide as a tool for a secured transactions reform in sub-Saharan Africa: The case of Malawi1 Introduction2 A critical review of the current laws on secured transactions in Malawi2.1 The Bills of Sale Act2.2 The Farmers’ Stop-Orders Act2.3 The Commercial Credits Act2.4 The Hire-Purchase Act2.5 The Companies Act3 General problems with the legal regime for secured transactions in Malawi4 Comparative search for legislative solutions to secured transactions in Malawi5 Final remarksThe key concepts, definitions, scope and interpretation1 Security interest2 Floating security3 Definitions4 Scope of the PPSACreation of a security interest1 Conditions for creation of a security interest2 Description of collateral2.1 Description of proceeds2.2 Description of after-acquired property3 Giving value4 Rights in the collateral or power to encumberPerfection of a security interest1 Registration2 Possession3 Control4 Special provisions of the PPSA on perfectionPriority of security interests1 General priority rules2 Priority of purchase money security interests3 Priority in accessions and manufactured or commingled goods4 Transfers of collateral and priority5 Special priority rulesRegistration system1 Establishment of, features and functions of the registry2 Content of financing statements: Registration information2.1 Identification of the debtor2.2 Identification of the secured party2.3 Description of the collateral2.4 The maximum amount secured2.5 Other data3 Rejection of a financing statement4 Time of effectiveness, authorisation for registration and its verification5 Impact of errors on the effectiveness6 Duration of registration7 Amendment to and discharge of registration8 Searches of the registry9 Duty of the secured party to provide informationDefault and remedies1 Application of Part VIII2 Secured party’s right to take possession after default3 Disposal of collateral4 Notice of sale5 Legal effect of disposal6 Proposal of secured party to retain collateral7 Enforcement of security interests in accessions8 Right to redeem collateral and reinstate security agreement9 Statutory remedyTransitional matters and applicable laws1 Applicable laws2 Transition2.1 Repealed acts2.2 Preservation of pre-PPSA security interestsBibliography

Malawi UNCITRAL Legislative Guide Personal Property Security Act legislative solutions transactions

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The Colonial Medical Service was the personnel section of the Colonial Service, employing the doctors who tended to the health of both the colonial staff and the local populations of the British Empire. Although the Service represented the pinnacle of an elite government agency, its reach in practice stretched far beyond the state, with the members of the African service collaborating, formally and informally, with a range of other non-governmental groups. This collection of essays on the Colonial Medical Service of Africa illustrates the diversity and active collaborations to be found in the untidy reality of government medical provision. The authors present important case studies covering former British colonial dependencies in Africa, including Kenya, Malawi, Nigeria, Tanzania, Uganda and Zanzibar. They reveal many new insights into the enactments of colonial policy and the ways in which colonial doctors negotiated the day-to-day reality during the height of imperial rule in Africa.

History --- Medical history --- Africa --- Colonial Medical Service --- Colonial Service --- Imperial Africa --- Kenya --- Malawi --- Tanzania --- Nigeria --- Uganda --- Zanzibar --- Colonial history --- Colonial administration

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This book contains 17 chapters providing details on decision tools that use linear programming to determine recommendations specific to a farmer's context intended to maximize profit from fertilizer use in sub-saharan Africa. Chapter 1 and 2 discusses the principles and approach, and spatial analysis of fertilizer use optimization, respectively. Chapter 3 covers integrated soil fertility management in sub-Saharan Africa. Further, Chapters 4 to 16 explore optimizing fertilizer use within an integrated soil fertility management framework in countries in sub-Saharan Africa, including: Burkina Faso, Ethiopia, Ghana, Kenya, Mali, Malawi, Mozambique, Niger, Nigeria, Rwanda, Tanzania, Uganda, and Zambia. Finally, Chapter 17 describes the process of enabling fertilizer use optimization in sub-Saharan Africa.

application rates, fertilizers, linear programming, optimization, profitability, profits, soil fertility --- Abyssinia, Bourkina Fasso, fertilisers, Nyasaland, subsaharan Africa, Tanganyika --- Africa South of Sahara, Burkina Faso, Ethiopia, Ghana, Kenya, Malawi, Mali, Mozambique, Niger, Nigeria, Rwanda, Tanzania, Uganda, Zambia --- Africa, ACP Countries, Francophone Africa, Least Developed Countries, Developing Countries, West Africa, Africa South of Sahara, East Africa, Anglophone Africa, Commonwealth of Nations, SADC Countries, Community of Portuguese Language Countries, Portuguese Speaking Africa, Southern Africa

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Water Footprint Assessment is a young research field that considers how freshwater use, scarcity, and pollution relate to consumption, production, and trade patterns. This book presents a wide range of studies within this new field. It is argued that collective and coordinated action - at different scale levels and along all stages of commodity supply chains - is necessary to bring about more sustainable, efficient, and equitable water use. The presented studies range from farm to catchment and country level, and show how different actors along the supply chain of final commodities can contribute to more sustainable water use in the chain.

water footprint --- land footprint --- economic water productivity --- economic land productivity --- crop choice --- CSR --- sericulture --- silk --- Malawi --- food security --- food self-sufficiency --- water footprint --- water scarcity --- crop trade --- virtual water trade --- water productivity --- water saving --- green water availability --- effective rain --- crop water demand --- water resources --- water footprint --- water management --- soybean --- cattle --- land use change --- Amazon --- Cerrado --- Mato Grosso --- Steenkoppies Aquifer --- carrots --- cabbage --- beetroot --- broccoli --- lettuce --- packhouse --- retail --- consumers --- Central Europe --- modelling --- urban area --- water footprint --- water management --- water footprint --- irrigation intensity --- wheat --- maize --- Haihe River Basin --- blue water footprint --- water scarcity footprint --- threshold --- embedded resource accounting --- life cycle analysis --- regulation --- economic water productivities --- groundwater --- wheat-bread --- water footprint accounting --- South Africa --- value addition --- water footprint --- root water uptake --- oil palm (Eleasis guineensis) --- crop ages --- soil type --- environmental sustainability --- water footprint assessment --- multi-level governance --- value chain --- consumption --- international trade --- river basin management --- sustainability --- water accounting --- water productivity --- water footprint benchmarks