Evidence and Procedures for Boundary Location

Robillard, Walter G.; Wilson, Donald A.

doi:10.1002/9780470950050

Cited by 2 publications

(1 citation statement)

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“…While in a strict, legally deterministic sense it may be argued that equating documentary evidence to forms of customary evidence can detract from the integrity of the document in matters relating to land and property, such a concern is out of place where most do not have documentary evidence, and very much out of place after prolonged armed conflict. At the same time it is well within the Western legal tradition (where Liberia's own formal legal history resides) to hold that 'relevancy' is the primary evidence rule in civil cases (Dennis, 1999;Murphy, 2003;Robillard et al, 2002). With such a rule guiding the admission of evidence, and a wide variety of formal and informal evidence therefore admissible, both East Timor and Mozambique have found that many disputes became 'self-resolving' out of court (due to the fear by one or both parties that they might lose the claim entirely), thus sidestepping in many cases the problem of lack of access to courts (Unruh, 2006).…”

Section: The Evidence Problemmentioning

confidence: 99%

Land rights in postwar Liberia: The volatile part of the peace process

Unruh¹

2009

Land Use Policy

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a b s t r a c tThe end to the war in Liberia, along with quality leadership and a large UN presence has laid the foundation for a successful peace process. Now the delicate part of the process is underway-building viable, equitable, and durable social relations, institutions and legal constructs. A potentially volatile part of any postwar scenario is the inability of land rights institutions to perform in an effective, legitimate, equitable manner. Reform of land tenure via policies, laws, institutions, and capacity, needs to happen in a manner that is able to attend to both the land rights related causes of conflict, and the tangle of land problems brought on by the war itself. This article reports on the current situation in Liberia, and examines the primary set of land tenure problems in the country. The article concludes with a series of suggestions for dealing with the unique circumstances of postwar land tenure, and the Liberian case.

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Section: The Evidence Problemmentioning

confidence: 99%