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Private Investment in Land

Implementing Responsible Governance Of Tenure










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    Book (series)
    Due diligence, tenure and agricultural investment - A guide on the dual responsibilities of private sector lawyers in advising on the acquisition of land and natural resources
    Second edition
    2019
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    This guide examines the responsibilities of private sector lawyers in avoiding and addressing, preventing and mitigating adverse human rights impacts on tenure right holders when advising on agricultural investments. These responsibilities arise under international standards for the protection of legitimate tenure rights, including the UN FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the context of national food security (VGGT), as considered within the framework of international human rights laws which underpin aspects of those standards. In the light of the United Nations Guiding Principles on Business and Human Rights (UNGP), the guide considers the dual responsibility of lawyers in this context: (1) through the impact of these standards on the professional duties of the lawyer (including in-house counsel) towards the investor client and (2) through the impact on the law firm’s responsibilities as a business in its own right, in the light of its corporate social responsibility (CSR) commitments. The guide examines the requirements for due diligence in this context and makes a number of recommendations to promote compliance with UNGP on behalf both of the investor client and of the law firm, considered as a business in its own right.
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    Document
    Report on the Symposium on Legal Aspects of Large Scale Investments in Land: Implications for Food Security and Rural Development
    Rome, Italy March 4, 2011
    2011
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    The Symposium on Legal Aspects of Large Scale Investments in Land: Implications for Food Security and Rural Development was held at FAO Headquarters in Rome on March 4th 2011. The Symposium was co-hosted by FAO and the World Food Law Institute at Howard University School of Law. It brought together experts from FAO, the Institute for the Unification of Private International Law (UNIDROIT), the International Development Law Institute (IDLO), the International Fund for Agricultural Development (IF AD) and the World Food Law Institute (Institute) as well as external lawyers and an investor, who participated via teleconference. The Agenda for the Symposium is attached as Appendix A and the list of participants as Appendix B.
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    Book (series)
    Home Country Measures that Promote Responsible Foreign Agricultural Investment 2016
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    This paper summarizes the good practices by nine selected OECD countries that seek to promote responsible foreign investment in developing country agriculture, primarily by investors in their territory or jurisdiction. The study provides examples of the increasing trend of home countries in establishing binding legal norms and other mechanisms as safeguards that are relevant for agricultural investment. It finds that States apply some specific provisions to hold private corporate actors investin g in agriculture abroad accountable, for example in regard to bribery of foreign public officials. Investment home countries are also increasingly using safeguards relevant for agricultural investment for companies that are controlled by the State or seek its support. Furthermore, Public-Private Partnerships are increasingly used in development assistance projects as a means to promote responsible agricultural investment. In these cases, the safeguards usually imply the use of negotiated and app roved instruments such as the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT). The Principles for Responsible Investment in Agriculture and Food Systems (CFS-RAI), endorsed in 2014 by the Committee on World Food Security (CFS), will possibly become a major guidance instrument, given recent declarations by the G7 and G20.

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