[PDF] Tenure Rights And Obligations eBook

Author : Food and Agriculture Organization of the United Nations
Publisher : Food & Agriculture Org.
Page : 54 pages
File Size : 46,8 MB
Release : 2021-07-13
Category : Law
ISBN : 9251345775

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This study explores the limits to rights – and the interplay of rights and obligations – in land and natural resource governance. Drawing on legal developments from diverse thematic and geographic contexts, it aims to provide conceptual foundations for legal interventions to support the implementation of the Voluntary Guidelines on the Responsible Governance of Tenure (VGGT). Three clarifications are in order. First, an obligation can have both moral and legal dimensions; this study is primarily concerned with legal obligations. Second, the study takes a holistic approach to natural resource governance but focuses on land and surface resources. Third, while the study engages with the text of the VGGT, it also examines selected developments in national law – including constitutional, property, and natural resource law – and international law, particularly on human rights, the environment, and foreign investment. The study does not aim to provide a comprehensive discussion of these issues. Instead, it aims to outline the issues and encourage readers’ further reflection and debate.

Author : Food and Agriculture Organization of the United Nations
Publisher : Food & Agriculture Org.
Page : 100 pages
File Size : 22,98 MB
Release : 2018-06-04
Category : Law
ISBN : 9251094837

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Governance of Tenure Technical Guide This guide aims to support states, community-based and civil society organizations, the private sector and other actors in implementing the standards and recommendations of the Voluntary Guidelines on the Responsible Governance of Tenure. The guide offers twelve strategies in three areas of action: the legal recognition and protection of tenure rights to commons, their effective implementation by states and rights holders alike, and the support of communities to enjoy their rights.

Author : Food and Agriculture Organization of the United Nations
Publisher : Food & Agriculture Org.
Page : 48 pages
File Size : 27,33 MB
Release : 2018-10-03
Category : Technology & Engineering
ISBN : 9251072779

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The guidelines are the first comprehensive, global instrument on tenure and its administration to be prepared through intergovernmental negotiations.The guidelines set out principles and internationally accepted standards of responsible practices for the use and control of land, fisheries and forests. They provide guidance for improving the policy, legal and organizational frameworks that regulate tenure rights; for enhancing the transparency and administration of tenure systems; and for strengthening the capacities and operations of public bodies, private sector enterprises, civil society organizations and people concerned with tenure and its governance.The guidelines place the governance of tenure within the context of national food security, and are intended to contribute to the progressive realization of the right to adequate food, poverty eradication, environmental protection and sustainable social and economic development.

Author : Swallow, Brent M.
Publisher : Intl Food Policy Res Inst
Page : 9 pages
File Size : 20,4 MB
Release : 2021-11-24
Category : Political Science
ISBN :

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Collaborative international research on tenure dates back at least to the early 1960s when the Land Tenure Centre was established at the University of Wisconsin-Madison and conducted some studies in collaboration with CGIAR social scientists. CGIAR interest in tenure increased in the early 1990s when natural resource management was strengthened as a component of the CGIAR agenda and the Centers on forests, agroforestry, and water (CIFOR, ICRAF, and IWMI) entered the system. CAPRi began to operate as a systemwide research program on tenure and collective action in the mid-1990s, and became PIM Flagship 5 on governance of natural resources in 2011. From 2021, a renewed research agenda on tenure is essential for advancing the One CGIAR mission of “science and innovation that advance transformation of food, land and water systems in a climate crisis.”

Author : Food and Agriculture Organization of the United Nations
Publisher : Food & Agriculture Org.
Page : 80 pages
File Size : 50,18 MB
Release : 2019-05-23
Category : Law
ISBN : 9251314780

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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.

Author : Food and Agriculture Organization of the United Nations
Publisher : Food & Agriculture Org.
Page : 110 pages
File Size : 26,96 MB
Release : 2018-10-05
Category : Law
ISBN : 9251300690

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The Food and Agriculture Organization of the United Nations (FAO) has developed a series of Technical Guides to elaborate and provide more detailed guidance on thematic areas contained within the Guidelines. As part of this series, this Technical Guide covers the issues associated with the identification and valuation of tenure rights for different purposes, and provides guidance on how to ensure that valuations are undertaken in a fair, reliable and transparent manner that comply with internati onal norms. It explains why valuations are important, where and when they should be used, and by whom. It is not intended to be a valuation textbook;, instead it seeks to raise the level of awareness of valuation issues and procedures among those involved in land policy and administration and those affected by land tenure decisions. Though this Technical Guide focuses on land, it provides useful guidance that may be applied to fisheries, forests and other natural resources. It is directed prim arily towards developing countries and countries in transition where there is less awareness of the valuation profession and institutions. Legitimate tenure rights involving customary or informal tenure systems may be less clear and not formalized by law or regulations.

Author : Yaëll Emerich
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 32,8 MB
Release : 2018-11-30
Category : LAW
ISBN : 1788111842

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Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.