Property Law and Economics
Property Law and Economics

Author: Boudewijn Bouckaert

Publisher: Edward Elgar Publishing

Published: 2010-01-01

Total Pages: 351

ISBN-13: 1849806519

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This book contains illuminating and carefully written literature reviews on the central topics of the economics of property rights and institutions. As a bonus, it includes two fascinating chapters on topics off the beaten path slavery and new types of property rights in environmental goods. This book will be indispensible for students and experienced scholars alike. Eric Posner, University of Chicago Law School, US This study covers property law and property rights, providing a full summary and comprehensive bibliography of the existing law, together with discussion from an economic perspective on the most important aspects of property law. Leading experts have brought together their knowledge and insight on a full range of issues including comparative property law and the history of property law to create a truly autonomous interdisciplinary resource. This essential reference work will strongly appeal to scholars and students enrolled in academic programmes of law and economics. Academic lawyers involved in research and teaching of private (common) law, practicing lawyers in the field of real estate law, as well as economists involved in researching development economics and transition economics will also find this an invaluable resource.

Balancing Acts
Balancing Acts

Author: Owen James Lynch

Publisher:

Published: 1995

Total Pages: 208

ISBN-13:

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This study presents proposals to curb forest degradation and improve community-based forest management initiatives. The authors identify obstacles to successful practices in Asia and the Pacific region and recommend ways of overcoming them.

Finding the Right Institutional and Legal Framework for Community-based Natural Forest Management: The Tanzanian Case
Finding the Right Institutional and Legal Framework for Community-based Natural Forest Management: The Tanzanian Case

Author: Liz Wily

Publisher: CIFOR

Published: 1997-01-01

Total Pages: 68

ISBN-13: 9798764161

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As community involvement in natural forest management expands and matures, the need to lodge the rights and obligations of both state and community in workable and legally binding institutional frameworks becomes more pressing. This is particularly so where power and authority are being redistributed. This publication looks specifically at Tanzania, where forest-local communities are beginning to be designated as the management authority of particular woodlands and, in some cases, even their owners. Positive results are giving considerable support to community-based management as the forest management strategy of choice. Implementation has of necessity also prompted a search for accessible mechanisms through which community authority may be embedded legally. The author argues that, in this respect, Tanzania has an advantage over many sub-Saharan African states in the unusual manner of legal identity granted to rural communities, and in supporting administrative and land laws which provide for village-based control over natural resource management. Specific elements explored include the fact that rural villages in Tanzania are recognised as a formal level of government, endowed thereby with certain rights and obligations; that the rural village may attain legal corporate status allowing it, inter alia, to own and manage property in ways accountable in a court of law; and that property law provides for a modern, statutory version of communal tenure, within the bounds and accountability of a private legal person. Wily provides a step-by-step guide to the ways in which a forest-adjacent community may secure custodianship over a local natural forest, whether it be an already gazetted Forest Reserve or public land forest, and be held accountable for sound conservationary management.

Lessons from Forest Decentralization
Lessons from Forest Decentralization

Author: Carol Colfer Pierce J

Publisher: Earthscan

Published: 2012

Total Pages: 273

ISBN-13: 1849771820

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The decentralization of control over the vast forests of the world is moving at a rapid pace, with both positive and negative ramifications for people and forests themselves. The fresh research from a host of Asia-Pacific countries described in this book presents rich and varied experience with decentralization and provides important lessons for other regions. Beginning with historical and geographical overview chapters, the book proceeds to more in-depth coverage of the region's countries. Research findings stress rights, roles and responsibilities on the one hand, and organization, capacity-building, infrastructure and legal aspects on the other. With these overarching themes in mind, the authors take on many controversial topics and address practical challenges related to financing and reinvestment in sustainable forest management under decentralized governance. Particular efforts have been made to examine decentralization scales from the local to the national, and to address gender issues. The result is a unique examination of decentralization issues in forestry with clear lessons for policy, social equity, forest management, research, development and conservation in forested areas across the globe from the tropics to temperate regions. Published with CIFOR

Forests for People
Forests for People

Author: Anne M Larson

Publisher: Routledge

Published: 2012-09-10

Total Pages: 282

ISBN-13: 1136543767

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Who has rights to forests and forest resources? In recent years governments in the South have transferred at least 200 million hectares of forests to communities living in and around them . This book assesses the experience of what appears to be a new international trend that has substantially increased the share of the world's forests under community administration. Based on research in over 30 communities in selected countries in Asia (India, Nepal, Philippines, Laos, Indonesia), Africa (Burkina Faso, Cameroon, Ghana) and Latin America (Bolivia, Brazil, Guatemala, Nicaragua), it examines the process and outcomes of granting new rights, assessing a variety of governance issues in implementation, access to forest products and markets and outcomes for people and forests . Forest tenure reforms have been highly varied, ranging from the titling of indigenous territories to the granting of small land areas for forest regeneration or the right to a share in timber revenues. While in many cases these rights have been significant, new statutory rights do not automatically result in rights in practice, and a variety of institutional weaknesses and policy distortions have limited the impacts of change. Through the comparison of selected cases, the chapters explore the nature of forest reform, the extent and meaning of rights transferred or recognized, and the role of authority and citizens' networks in forest governance. They also assess opportunities and obstacles associated with government regulations and markets for forest products and the effects across the cases on livelihoods, forest condition and equity. Published with CIFOR

Asian Sacred Natural Sites
Asian Sacred Natural Sites

Author: Bas Verschuuren

Publisher: Routledge

Published: 2016-08-12

Total Pages: 399

ISBN-13: 1317384679

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Nature conservation planning tends to be driven by models based on Western norms and science, but these may not represent the cultural, philosophical and religious contexts of much of Asia. This book provides a new perspective on the topic of sacred natural sites and cultural heritage by linking Asian cultures, religions and worldviews with contemporary conservation practices and approaches. The chapters focus on the modern significance of sacred natural sites in Asian protected areas with reference, where appropriate, to an Asian philosophy of protected areas. Drawn from over 20 different countries, the book covers examples of sacred natural sites from all of IUCN’s protected area categories and governance types. The authors demonstrate the challenges faced to maintain culture and support spiritual and religious governance and management structures in the face of strong modernisation across Asia. The book shows how sacred natural sites contribute to defining new, more sustainable and more equitable forms of protected areas and conservation that reflect the worldviews and beliefs of their respective cultures and religions. The book contributes to a paradigm-shift in conservation and protected areas as it advocates for greater recognition of culture and spirituality through the adoption of biocultural conservation approaches.

Enabling legal frameworks for sustainable land-use investments in Tanzania: Legal assessment report
Enabling legal frameworks for sustainable land-use investments in Tanzania: Legal assessment report

Author: Robert Kibugi

Publisher: CIFOR

Published: 2015-10-08

Total Pages: 77

ISBN-13:

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The International Development Law Organization (IDLO) and the Center for International Forestry Research (CIFOR) assessed the legal frameworks that govern land-use activities and investments in Tanzania. The policy, institutional and legal frameworks are well developed although implementation and enforcement remains weak due to ambiguities in the law and a general lack of supportive incentives. This Legal Assessment report for Tanzania examines four key challenges to the attainment of sustainable land-use investments. These comprise: Enforcement of environmental and social safeguards Tanzania has made progress in implementing the Environmental Management Act by ensuring greater compliance with the Environmental Impact Assessment regulations although exceptions exist in the construction sector, and mining legislation that often enables the government to circumvent important land tenure safeguards. Incentives for sustainable investments in the legal framework A lack of incentives exists despite the creation of the Tanzania Investment Centre, the adoption of an Investment Guide in 2013, and the incorporation of sustainability considerations into laws and policies governing investments in the agriculture, energy, and forestry and mining sectors. Land tenure security Tanzania’s land law framework now includes formal recognition of customary title and the reservation of land under the category of village land exclusively for Tanzanians although improvements are still needed in terms of processes of consultation and compensation. Public awareness and lack of access to information Awareness of natural resources and investment policies, legislation and regulations is generally low amongst rural communities as well as Ward executive officers, village leaders and village land committee members. Rural radio represents their most important source of information