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Modern water rights

Theory and practice












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    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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    Legal frameworks and access to common pool resources 2004
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    In recent years, local people and rural communities have assumed increasing prominence in strategies for natural resource management.This paper briefly reviews some of the central legal issues that are associated with this shift. In doing so, its goals are limited. It does not ad dress fundamental questions about when, where and what kind of management works, nor attempt to identify the political, social, economic and environmental ingredient s for success – subjects on which there is a huge, if still inconclusive, literature.
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    Children’s property and inheritance rights and their livelihoods: The context of HIV and AIDS in Southern and East Africa 2006
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    This paper focuses on legal and institutional aspects of children’s property and inheritance rights in Southern and East Africa. Chapter 2 discusses violations of children’s property and inheritance rights and discusses how the spread of HIV/AIDS has contributed to the violations. Chapter 3 assesses several norms of customary law that aim to protect children’s property and inheritance rights as well as the current practices of customary law that—in the context of the HIV/AIDS pandemic—serve to c omplicate and limit children’s ability to maintain their rights. Chapter 4 reviews and assesses a selection of international laws and national laws from the countries in the region that influence children’s property and inheritance rights, emphasizing succession and land laws. Several gaps in national legislation and policy that need to be addressed are identified.

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