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Legal frameworks and access to common pool resources










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    Book (series)
    Pacific land tenures: new ideas for reform 2008
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    Land reform is never easy but, after many decades without much change in their land laws, there are signs of a mood for change in the countries of the Pacific. With legal systems which place great emphasis on custom, traditional authority and customary land tenures, land policies and legislation in the Pacific must steer a middle course between the need to encourage growth and economic development, and the fundamental importance of protecting the social, political and cultural values reflected b y customary land tenures. Their land systems aim to protect land ownership at the customary group level, and land use at the individual land developer level.
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    Book (series)
    Communal Tenure and the Governance of Common Property Resources in Asia
    Lessons of experiences in selected countries
    2011
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    Land Tenure Working Paper 20. This paper presents an analysis of communal tenure and its role for natural resource management system, in different contexts of selected Asian countries. The current market driven pressures on natural resources create both challenges and opportunities for communities and governments to use and strengthen communal tenure in order to promote sustainable management of some natural resources. Overall, policies and institutions that promote accountability and good gover nance over these resources, both by the government at national and local level and by communities, are required. Communal tenure will also very likely play a significant role in the policies and actions for climate change mitigation (REDD and REDD+).
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    Book (series)
    Statutory recognition of customary land rights in Africa
    An investigation into the best practices for lawmaking and implementation
    2010
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    Given the recent trend of granting vast areas of African land to foreign investors, the urgency of placing real ownership in the hands of the people living and making their livelihood upon lands held according to custom cannot be overstated. This study provides guidance on how best to recognize and protect the land rights of the rural poor. Protecting and enforcing the land rights of rural Africans may be best done by passing laws that elevate existing customary land rights up into nations ' formal legal frameworks thereby making customary land rights equal to documented land claims. This publication investigates the various over-arching issues related to the statutory recognition of customary land rights. Three case studies of land laws in Botswana, Tanzania and Mozambique are analysed extensively in content and implementation, concluding with recommendations and practical considerations on how to write a land law that recognizes and formalizes customary land rights. It cautions lawmakers that even excellent laws may, in their implementation, fall prey to political manipulation and suggests various oversight and accountability mechanisms that may be established to ensure that the law is properly implemented, the land claims of rural communities are protected, and the legislative intent of the law is realized.

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