Janine Ubink
Professor of Law, Governance and Development / Director of Research
- Name
- Prof.dr. J.M. Ubink
- Telephone
- +31 71 527 7493
- j.m.ubink@law.leidenuniv.nl
- ORCID iD
- 0000-0002-2248-6027
Janine Ubink is Professor of Law, Governance and Development at the Van Vollenhoven Institute for Law, Governance and Society, of Leiden University. She is also Director of Research at Leiden Law School.
Her research centres around African law and governance, with a primary focus on customary law and its relation to state law, traditional authorities, land law and policy, gender, transitional justice and rule of law reforms and legal empowerment. Her regional focus is on Africa, particularly Ghana, Namibia, Malawi, Somalia, and South Africa, but she has also been involved in comparative research in Asia and Latin America. She is the President of the international Commission on Legal Pluralism, and also works as a consultant in this field, most recently as an advisor to the Ministry of Justice of Somalia. Ubink has taught at the law schools of University of California Irvine, New York University and Australia National University as well as at the FHR Lim A Po Institute for Social Studies (Paramaribo, Suriname). She studied law at Leiden University (1995-2000) and acquired her PhD in legal anthropology from Leiden University with her thesis 'In the land of the chiefs: Customary law, land conflicts, and the role of the state in peri-urban Ghana' (2008).
Current Research
Ubink’s research examines the interaction of state law and government with customary law and traditional leadership. The research questions how state law and institutions can best respond to customary institutions, seeking to inform academics as well as policy makers, civil society organisations and justice reformers in these countries.
In addition, she investigates how customary justice systems respond and adapt to large-scale changes in an increasingly globalised world. Colonialism, land commodification, changes in gender roles, conflict and post-conflict situations, and the activities of large foreign companies for instance in the mining sector, are all examples of large societal and economic transitions that impact on customary justice systems and their relation with state legal systems. She studies these processes through a combination of qualitative and quantitative methods, comparatively across the African continent, particularly in Ghana, Namibia, Malawi, Somalia and South Africa.
She is currently involved in a long-term research collaboration with the Land and Accountability Research Centre (LARC) of the University of Cape Town, South Africa in consortium with other South African research and advocacy groups, to study traditional governance and customary land management and advise on and challenge proposed legislation on these topics. This collaboration entails joint research and the mentoring of several young researchers regarding research design, fieldwork methodology and publishing. The various research projects all challenge the ANC government's agenda to centralise the power of senior traditional leaders within the contested tribal boundaries inherited from the apartheid era. Recent projects include research on South Africa’s Platinum mining belt – where the ‘corporatisation’ of chieftaincy and the juridification of community participation make it hard for community members to challenge land deals between the mine and the senior traditional leaders on the basis of customary law; and research in the Eastern Cape on communities that challenge the one-size-fits all model of chieftaincy propagated by the government, for being a continuation of apartheid-era imposed structures.
Ubink has published extensively, in the form of books, book chapters, and international peer-reviewed journals such as Law & Society Review, International Journal of Transitional justice, American Journal of Comparative Law, Development and Change, Africa, and Journal of African Law. Among her publications are the books 'In the Land of the Chiefs: Customary Law, Land Conflicts, and the Role of the State in Peri-Urban Ghana' (2008), and 'Customary Justice: Perspectives on Legal Empowerment' (2011).
Ubink’s research takes place within the context of the research programme Effective Protection of Fundamental Rights in a Pluralist World.
Teaching and Supervision
Ubink teaches a variety of courses in Law, governance and development, all in English, in the LL.B. and Law and Society master's programme of Leiden Law School, at Leiden University College, The Hague and at the African Studies Centre. Besides teaching, she supervises master's and PhD students.
Professor of Law, Governance and Development / Director of Research
- Faculteit Rechtsgeleerdheid
- Bedrijfsvoering
- Faculteitsbestuur
- Ribeiro de Almeida B. & Ubink J.M. (2024), Land and justice pathways in South Sudan. Leiden: Van Vollenhoven Institute for Law, Governance and Society.
- Ubink J.M. & Almeida B. (2023), Local self‐governance and the state in South Sudan: studying gendered tenure relations in times of uncertainty, Politics and Governance 11(2): 357-367.
- Ubink J.M. & Almeida B. (2023), Community mediators in South Sudan: empirical legitimacy and post-conflict rule of law building, Utrecht Law Review 19(2): 44-57.
- Ubink J.M. (2021), Traditional Authorities. In: De Feijter K., Türkelli G.E. & Moerloose S. de (Eds.), Encyclopedia of Law and Development. Cheltenham: Edward Elgar Publishing. 291-294.
- Ubink J.M. & Duda Th. (2021), Traditional authority in South Africa: Reconstruction and Resistance in the Eastern Cape, Journal of Southern African Studies 47(2): 191-208.
- Duda Th. & Ubink J.M. (2021), Resisting the Imposition of Ubukhosi: Contested Authority-Making in the Former Ciskei. In: Beinhart W., Kingwill R. & Capps G. (Eds.), Land, Law and Chiefs in Rural South Africa. Contested histories and current struggles. Johannesburg: Wits University Press. 141-163.
- Ubink J.M., Claassens A. & Jonker A.R. (2021), An exploration of legal pluralism, power and custom in South Africa: a conversation with Aninka Claassens, Journal of Legal Pluralism and Unofficial Law 53(3): 498-521.
- Ubink J.M. & Pickering J. (2020), Shaping Legal and Institutional Pluralism: Land rights, access to justice and citizenship in South Africa, South African Journal on Human Rights 36(2/3): 178-199.
- Ubink J.M. (2018), Customary Legal Empowerment in Namibia and Ghana? Lessons about Access, Power and Participation in Non‐state Justice Systems, Development and Change 49(4): 930-950.
- Ubink J.M. (2018), The Complexity of Legal Pluralist Settings: An afterword. In: Zenker O. & Hoehne M.V. (Eds.), The State and the Paradox of Customary Law in Africa. London / New York: Routledge. 213-226.
- Ubink J.M. (2018), Traditional Leadership and Customary Law in Capitalist Liberal Democracies in Africa. In: Bedner A.W. & Oomen B. (Eds.), Legal Certainty and its Relevance. Essays in honour of Jan Michiel Otto. Leiden: Leiden University Press. 163-175.
- Ubink J.M. (2018), Introduction: Legal Pluralism in a Globalized World, UC Irvine Law Review 8(2): 141-148.
- Ubink J.M. (2018), Customary Legal Empowerment in Malawi? Rule of Law Programming in a Context of Legal Pluralism. In: Mancuso S. & Rautenbach C. (Eds.), In the Shade of an African Baobab: Tom Bennett's Legacy. Cape Town: Juta Legal and Academic Publishers. 212-237.
- Ubink J.M. & Mnisi Weeks S. (2017), Courting Custom: Regulating Access to Justice in Rural South Africa and Malawi, Law and Society Review 51(4): 825-858.
- Ubink J.M. & Rea A. (2017), Community Justice or Ethnojustice? Engaging with Customary Mechanisms to Reintegrate Ex-Combatants in Somalia, International Journal of Transitional Justice 11(2): 276-296.
- Ubink J.M. (2016), Access vs. Justice: Customary Courts and Political Abuse. Lessons from Malawi’s Local Courts Act, American Journal of Comparative Law 64(3): 745-784.
- Peters E.A. & Ubink J.M. (2015), Restorative and flexible customary procedures and their gendered impact: a preliminary view on Namibia's formalization of Traditional Courts, Journal of Legal Pluralism and Unofficial Law 47(2): 291-311.
- Ubinkt J.M. , Ministry of Justice and Constitutional Affairs & Federal Government of Somalia (2014), Proposed Community Process for the Reintegration of Disengaged Combatants [Lead author Janine Ubink, IDLO consultancy].
- Ubink J.M. (2014), Policy Paper on the Somali Customary Justice System [Lead author Janine Ubink, IDLO consultancy].
- Ubink J.M. (2013), Gender Equality on the Horizon: The Case of Uukwambi Traditional Authority in Namibia. In: , Accessing Justice: Models, Strategies and Best Practices on Women’s Empowerment. Rome: International Development Law Organisation (IDLO). 26-33.
- Ubink J.M. (2013), The successful road towards inclusion of women in traditional governance institutions. The case of Namibia’s Uukwambi Traditional Authority. In: Dameni O. (Ed.), Journeys from Exclusion to Inclusion: Marginalized women’s successes in overcoming political exclusion. Stockholm: International Institute for Democracy and Electoral Assistance (IDEA). 102-131.
- Ubink J.M. (2011), Customary Justice: Perspectives on Legal Empowerment. Rome: International Development Law Organisation (IDLO), Van Vollenhoven Institute.
- Ubink J.M. (2011), Stating the Customary: An Innovative Approach to the Locally Legitimate Recording of Customary Law in Namibia. In: Ubink J.M. (Ed.), Customary Justice: Perspectives on Legal Empowerment. Rome: International Development Law Organization (IDLO), Van Vollenhoven Institute. 131-150.
- Ubink J.M. (2011), Gender Equality on the Horizon: The case of Uukwambi Tradtional Authority, Northern Namibia. In: Harper E. (Ed.), Working with Customary Justice Systems: Post-Conflict and Fragile States. Rome: International Development Law Organization. 51-71.
- Ubink J.M. & Rooij B. van (2011), Towards Customary Legal Empowerment: An Introduction. In: Ubink J.M. (Ed.), Customary Justice: Perspectives on Legal Empowerment. Rome: International Development Law Organization (IDLO), Van Vollenhoven Institute. 7-27.
- Ubink J.M. (2011), Effectuating normative change in customary legal systems: An end to 'widow chasing' in Northern Namibia. In: Abbink G.J. & Bruijn M.E. de (Eds.), Land, Law and Politics in Africa. Mediating Conflict and Reshaping the State. Leiden: African Studies Centre. 315-333.
- Ubink J.M. (2011), The Quest for Customary Law in African State Courts. In: Fenrich J., Galizzi P. & Higgins T.E. (Eds.), The Future of African Customary Law. New York: Cambridge University Press. 83-102.
- Ubink J.M. (2011), Customary Justice Sector Reform. Rome: International Development Law Organisation (IDLO).
- Ubink J.M. (2011), Stating the Customary: An Innovative Approach to the Locally Legitimate Recording of Customary Law in Namibia. Rome: International Development Law Organization (IDLO) / Van Vollenhoven Institute.
- Ubink J.M. (2011), Gender Equality on the Horizon: The case of Uukwambi Tradtional Authority, Northern Namibia. Rome: International Development Law Organization (IDLO) / Van Vollenhoven Institute.
- Ubink J.M. (2011), Land, Chiefs and Custom in Peri-urban Ghana. Traditional Governance in an Environment of Legal and Institutional Pluralism. In: Zips W. Weilenmann M. (Ed.), The Governance of Legal Pluralism: Empirical Studies from Africa and Beyond no. 12. Vienna / Berlin: LIT Verlag. 81-108.
- Ubink J.M. (2010), Towards Customary Legal Empowerment in Namibia. Concept Note: International Development Law Organisation (IDLO).
- Ubink J.M. & Rooij B. van (2010), Towards Customary Legal Empowerment: International Development Law Organisation (IDLO).
- Ubink J.M. (2009), Chiefs and farmers: Social capital and the negotiability of rights to land in Ghana, Recht der Werkelijkheid (3): 49-67.
- Ubink J.M. (2009), Legalising customary land tenure in Ghana: The case of peri-uban Kumasi. In: Ubink J.M., Hoekema A.J. & Assies W.J. (Eds.), Legalising Land Rights. Local Practices, State Responses and Tenure Security in Africa, Asia and Latin America. Leiden: Leiden University Press. 163-191.
- Ubink J.M. (2009), Legalising land rights in Africa, Asia and Latin America: An introduction. In: Ubink J.M., Hoekema A.J. & Assies W.J. (Eds.), Legalising Land Rights. Local Practices, State Responses and Tenure Security in Africa, Asia and Latin America. Leiden: Leiden University Press. 7-31.
- Ubink J.M., Hoekema A.J. & Assies W.J. (Eds.) (2009), Legalising Land Rights. Local Practices, State Responses and Tenure Security in Africa, Asia and Latin America. Leiden: Leiden University Press.
- Ubink J.M. & Quan J.F. (2008), How to Combine Tradition and Modernity? Regulating Customary Land Management in Ghana, Land Use Policy 25(2): 198-213.
- Ubink J.M. (2008), Traditional Authorities in Africa. Resurgence in an Era of Democratisation. Leiden: Leiden University Press.
- Cotula L., Mathieu P., Hatcher J., Ubink J.M. & Meene I.S. van de (2008), Highlights of the Workshop Discussions. In: Cotula J. & Mathieu P. (Eds.), Legal Empowerment in Practice: Using Legal Tools to Secure Land Rights in Africa. Londen, Rome: IIED, FAO. 133-140.
- Ubink J.M. & Amanor K.S. (2008), Contesting land and custom in Ghana: Introduction. In: Ubink J.M. & Amanor K.S. (Eds.), Contesting Land and Custom in Ghana. State, Chief and the Citizen. Leiden: Leiden University Press. 9-26.
- Ubink J.M. (2008), Struggles for land in peri-urban Kumasi and their effect on popular perceptions of chiefs and chieftaincy. In: Ubink J.M. & Amanor K.S. (Eds.), Contesting Land and Custom in Ghana. Leiden: Leiden University Press. 155-181.
- Ubink J.M., Quan J. & Antwi A.Y. (2008), Risks and opportunities of state intervention in customary land management: Emergent findings from the Land Administration Project Ghana. In: Ubink J.M. & Amanor K.S. (Eds.), Contesting Land and Custom in Ghana. Leiden: Leiden University Press. 183-208.
- Ubink J.M. & Amanor K.S. (Eds.) (2008), Contesting Land and Custom in Ghana. State, Chief and the Citizen. Leiden: Leiden University Press.
- Ubink J.M. (5 March 2008), In the land of the chiefs : customary law, land conflicts, and the role of the state in Peri-Urban Ghana (Dissertatie, Faculty of Law, Leiden University). Leiden: Leiden University Press (LUP). Supervisor(s): Otto J.M.
- Ubink J.M. (2008), Negotiated or Negated? The Rethoric and Reality of Customary Tenure in an Ashanti Village in Ghana, Earth Surface Dynamics Discussions 78(2): 264-287.
- Ubink J.M. (2007), Traditional Authority Revisited: Popular Perceptions of Chiefs and Chieftaincy in Peri-Urban Kumasi, Ghana, Anadolu BİL Meslek Yüksekokulu Dergisi 55: 123-162.
- Ubink J.M. (2007), Tenure Security: Wishful Policy Thinking or Reality? A Case from Peri-Urban Ghana, Journal of African Law 51(2): 215-248.
- Ubink J.M. (2004), Struggles for Land and the Role of Chiefs, Indigenes and the State in Peri-urban Ghana. Leiden: Van Vollenhoven Instituut.
- Ubink J.M. (2004), Courts and Peri-Urban Practice: Customary Land Law in Ghana, University of Ghana Law Journal XXII: 25-77.
- President
- associate editor