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Land Tenure and Resource Access in Africa 07 Legal empowerment for local resource control: Securing local resource rights within foreign investment projects in Africa
Land Tenure and Resource Access in Africa 07 Legal empowerment for local resource control: Securing local resource rights within foreign investment projects in Africa Summary:International Institute for Environment and Development (illed); Food and Agriculture Organization of the United Nations (FAO) Changes in "Customary" Land Tenure Systems in Africa edited by Lorenzo Cotula Series: Land Tenure and Resource Access in Africa Publisher: International Institute for Environment and Development (illed); Food and Agriculture Organization of the United Nations Published: Sep 2007 - IIED ISBN 10: 184369 ISBN 13: 9781843696674 127 pages (Book/Report)Areas: Cameroon, Ghana, Mozambique, Senegal, Tanzania Topics: Land, Agriculture, People This report draws lessons from experience of using legal processes to secure local resource rights within the context of foreign investment projects in Africa. Security of local resource rights is a major challenge in many parts of Africa. The analysis of relevant law reveals that resource rights associated with more powerful interests (foreign investment) tend to enjoy greater legal protection compared to those held by local resource users. However, legal tools accompanied by adequate capacity-building efforts can help redress this imbalance and strengthen protection of local resource rights. By increasing local resource control, effective use of these tools can help disadvantaged groups gain greater control over their lives (“legal empowerment”). The report will be of interest to development lawyers, development practitioners working at a macro-planning level, and researchers. The report sets out the case for taking law seriously as a tool for empowerment and positive change, it also argues that designing and implementing legal tools that deliver positive change depend not only on sound legal thinking, but also on tackling power relations and other social, cultural, political and economic factors that affect the way the law operates in practice. The report also contributes to ongoing debates on the relationship between law and power, through developing a conceptual framework and through linking this to the empirical analysis of law and power issues within foreign investment projects in Africa. Contents: Land Tenure And Resource Access In Africa 07 Legal Empowerment For Local Resource Control: Securing Local Resource Rights Within Foreign Investment Projects In Africa Cover Title Page Credits LEGAL EMPOWERMENT FOR LOCAL RESOURCE CONTROL LEGAL EMPOWERMENT FOR LOCAL RESOURCE CONTROL: SECURING LOCAL RESOURCE RIGHTS WITHIN FOREIGN INVESTMENT PROJECTS IN AFRICA ACKNOWLEDGEMENTS ABOUT THE AUTHOR Lorenzo Cotula ABBREVIATIONS CONTENTS EXECUTIVE SUMMARY I. INTRODUCTION 1.1. OVERVIEW 1.1.1. The issue 1.1.2. The study BOX 1. THE LEGAL TOOLS PROJECT 1.2. DEFINITIONS, SCOPE AND RATIONALE TABLE 1. FOREIGN INVESTMENT IN AFRICA – SELECTED COUNTRIES CHART 1. FOREIGN INVESTMENT IN SUB-SAHARAN AFRICA TABLE 2. FOREIGN INVESTMENT IN AFRICA, COMPARED TO LATIN AMERICA AND EAST/SOUTH EAST ASIA (FDI FLOWS, MILLIONS OF DOLLARS) CHART 2. FDI STOCK IN SELECTED AFRICAN COUNTRIES II. CONCEPTS AND CONTEXT 2.1. POWER AND LEGAL EMPOWERMENT 2.1.1. Power 2.1.2. Rule of power or power of rules? 2.2. FOREIGN INVESTMENT PROJECTS IN AFRICA: DIFFERENCES IN POWER, DIFFERENCES IN LAW 2.2.1. Power relations in foreign investment projects TABLE 3. SOURCES OF POWER ASYMMETRIES 2.2.2. The legal context: asymmetries in the protection of resource rights in Africa TABLE 5. FACTORS AFFECTING THE CAPACITY TO CLAIM 2.2.3. To sum up FIGURE 1. LAW AND POWER IN FOREIGN INVESTMENT PROJECTS 2.3. TOOLS FOR LEGAL EMPOWERMENT: DEFINING THE CONCEPT 2.3.1. The concept of legal tool BOX 2. LEGAL AND PARA-LEGAL TOOLS – DEFINITIONS 2.3.2. Para-legal tools 2.3.3. To sum up FIGURE 2. USING LEGAL AND PARA-LEGAL TOOLS TO ADDRESS ASYMMETRIES IN LEGAL ENTITLEMENTS III. LEGAL TOOLS TO SECURE LOCAL RESOURCE RIGHTS 3.1. TOOLS TO VEST RESOURCE RIGHTS WITH LOCAL GROUPS 3.1.1. Overview 3.1.2. Who are the comunities? BOX 3. MAKING DECENTRALISATION WORK: LEGAL LITERACY FOR EMPOWERMENT BOX 4. TOOLS FOR LOCAL GOVERNMENT ACCOUNTABILITY 3.1.3. What resource rights? BOX 5. LOCAL CONVENTIONS 3.1.4. Conditions and arrangements for vesting resource rights BOX 6. ACCOMPANYING COMMUNITY LAND REGISTRATION IN MOZAMBIQUE TABLE 6. TOOLS TO VEST RESOURCE RIGHTS WITH LOCAL GROUPS 3.1.5. To sum up 3.2. CONSULTATION AND BENEFIT-SHARING TOOLS 3.2.1. Introduction 3.2.2. Mandatory consultation processes 3.2.3. Negotiated benefit-sharing arrangements 3.3. TOOLS TO MINIMISE AND COMPENSATE NEGATIVE IMPACTS ON LOCAL RESOURCE RIGHTS 3.3.1. Introduction 3.3.2. Social impact assessment 3.3.3. Safeguards and compensation for land takings BOX 7. THE SAN OF BOTSWANA: COMBINING COURT LITIGATION WITH ADVOCACY 3.3.4. Legal remedies for damage to property: injunctions, restoration and compensation BOX 8. TRANSNATIONAL TORT LITIGATION IV. CONCLUSION 4.1. TO SUM UP FIGURE 3. LEGAL TOOLS – CONCEPTUAL SEQUENCING 4.2. FROM LEGAL TOOLS TO LEGAL EMPOWERMENT FIGURE 4. MUTUALLY REINFORCING LEGAL TOOLS 4.3. WHAT NEXT? V. ANNEXES 5.1. GLOSSARY OF KEY LEGAL TERMS Binding Case Case law Civil law Common law Compensation Court Easement Expropriation Human right Injunction Lawsuit Land registration Lease Legal aid Legislation Litigation Mise en valeur Negligence Ownership Precedent Remedy Restitutio in integrum Right Right of way Servitude Standard of proof Standing Strict liability Treaty 5.2. REFERENCES 5.2.1. Literature 5.2.2. Case law password: R20090905 Please select one mirror to download
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Sponsored LinksLand Tenure and Resource Access in Africa 07 Legal empowerment for local resource control: Securing local resource rights within foreign investment projects in Africa Keywordsprojects tenure report securing development sum access agriculture para legal protection asymmetries introduction groups context compensation litigation legal resource local resource foreign investment resource rights investment projects legal empowerment securing local resource access legal tools africa legal lorenzo cotula local resource rights foreign investment projectsBookmark Land Tenure and Resource Access in Africa 07 Legal empowerment for local resource control: Securing local resource rights within foreign investment projects in AfricaHyperlink code:
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