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Governance of Tenure
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| FAOLEX This comprehensive and up-to-date computerized legislative database is one of the world's largest electronic collection of national laws and regulations on food, agriculture and renewable natural resources.
Users of FAOLEX have direct access to the abstracts and indexing information about each text, as well as to the full text of most legislation contained in the database. | Browse the database |

| FAO Legislative StudiesThe Legal Office regularly publishes legal studies in the FAO Legislative Studies series. The link below expands to a number of tenure related publications in this series. |
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An investigation into best practices for lawmaking and implementation FAO Legislative Study 105. This study seeks to provide guidance on how best to recognize and protect the land rights of the rural poor. It is founded upon the notion that protecting and enforcing the land claims of rural Africans may be best done by passing laws that elevate existing customary land claims up into nations' formal legal frameworks and make customary land rights equal in weight and validity to documented land claims.
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Transparency, governance and the law FAO Legislative Study 100. This study zeroes in on the experience of a number of "transition" countries in Central and Eastern Europe and the Former Soviet Union. It describes what legal solutions these countries have devised in answer to their specific problems and, based on these, it seeks to distil a number of key regulatory requirements. It serves as a design/drafting manual for policymakers and for drafters of legislation on water users organizations.
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Women’s rights in agriculture FAO Legislative Study 76. This study examines the legal status of women in three key areas: rights to land and other natural resources; rights of women agricultural workers; and rights concerning women’s agricultural self-employment activities, ranging from women’s status in rural cooperatives to their access to credit, training and extension services.
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Establishing and strengthening national legal frameworks for integrated coastal management FAO Legislative Study 93. This publication is intended to assist anyone involved in the development or implementation of a legal or institutional framework to promote integrated coastal management (ICM).
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Theory and practice FAO Legislative Study 92. This publication offers a fresh look at the theory and practice of modern water rights, from a comparative law angle. It sheds light on a number of key features of such rights, and contrasts these to traditional forms and kinds of water rights.
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FAO Legislative Study 83. This study examines the historical background to fishing rights, and the theoretical concepts and constructs employed in the analysis of property rights in fisheries. It contains a detailed study of the legislation of various countries in respect of fisheries rights and the extent of their property nature.
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The interface FAO Legislative Study 84. This paper is concerned with the interface between land tenure rights and water rights.
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Legal Trends in Agriculture and Natural Resource Management FAO Legislative Study 73. This book consists of 12 chapters, including on land, fisheries, forestry and water, which describe legislative developments during the period of 1992-2002.
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THE LAND ENVIRONMENT - 1997legal-institutional foundations for sustainable management of renewable natural resources in the Sahel region A new approach based on the legal and anthropological study of different operating systems of the Niger Inland Delta (Mali) and their interactions allows to demonstrate the interweaving of basic soils (defined as a substrate holder of biotic) and environment (consisting of renewable resources as an issue of power relations). This interdisciplinary approach is based on a methodological approach taking into account three levels of observation: the village land, the province and the region.
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| FAO Legal Papers OnlineThe FAO legal papers online series presents, on a periodic basis, articles and reports on comparative and international law topics relating to food policy, agriculture, rural development, biodiversity, environment and natural resource management. |
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This guide is based on the results of the legal component of the project, GCP/INT/052/SPA "Capacity building in mainstreaming gender in the management of water and agrarian resources."
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How Land Frameworks Facilitate Pro-Food Security Public-Private Partnerships FAO Legal Papers Online 71. The paper explores the legal interface between Public Private Partnerships, land, and food security. It serves as a resource on important legal instruments and issues that focus on how land laws can facilitate pro-food security public-private partnerships.
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New Ideas for Reform FAO Legal Papers Online 73. This paper examines the results of thirteen case studies, conducted during 2007, of customary land tenure issues across a spread of countries from East Timor to the Cook Islands.
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Legal Paper Online 47: The article reviews recent developments of in place or plannes forest legislation in francophone, hispanic and lusophone Africa, namely Algeria, Benin, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Comoros, Congo - Brazzaville, Congo - Kinshasa, Gabon, Guinea, Guinea Bissau, Equatorial Guinea, Madagascar, Mali, Morocco, Mauritania, Mozambique, Niger, Rwanda, Senegal, Chad, Togo and Tunisia.
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BuRKINA-FASO, GUINEa, MALI, MAURITANIa, NIGER, SENEGAL Legal Papers Online 35: The study attempts to present the trends in West African pastoral law and legislation. Selected sample countries are Burkina Faso, Guinea, Mali, Mauritania, Niger and Senegal.
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Legal Papers Online 39. This paper addresses implications for laws and legal frameworks when greater rights and responsibilities are vested in local people; how legal frameworks typically impede or support the pursuit of such strategies; and common problems that need to be addressed if more favourable legal environments are to be created in the future.
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The law's CONTRIBUTION TO FIGHT CRIME AND CORRUPTION IN THE FOREST SECTOR - 2003CONCEPTUAL APPROACHES This analysis aims to provide an instrument in the fight against illegal practices and corruption in the forestry sector.
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FAO Legal Papers Online 30. This paper reviews the forestry legislation in six Pacific Islands countries: Tonga, Samoa, Fiji, Papua New Guinea, Solomon Islands and Vanuatu.
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Design Principles for Strengthening the Role of Forestry Legislation in Reducing Illegal Activities and Corruption Practices FAO Legal Papers Online 27. This paper explores ways in which the drafting of forestry legislation – both in terms of the substantive content of law and the process by which it is written – can facilitate or obstruct efforts to reduce illegal activities.
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The 1997 Mozambican Land Law Legal Papers Online 26. This paper discusses the development of the Land Law in Mozambique, under the leadership of the Technical Secretariat of the Inter-Ministerial Commission for the Revision of Land Legislation (popularly known as ‘the Land Commission’).
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A Comparative Analysis of Regulatory Approaches to the Acquisition and Use of Land by Foreigners FAO Legal Papers Online 6. This study provides information on the approaches that are, or have been adopted to regulate foreign ownership of land. It gives a framework for analysis and a representative sample of the legal techniques and strategies that have been devised to deal with the issue.
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| Selected Individual PublicationsThis category features selected individual FAO publications in the area of law and governance of tenure. |
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This paper deals with investment in agriculture which is crucial for increasing productivity levels in developing countries and for creating economic and social benefits that contribute to the eradication of hunger. In addition, security of land tenure is critical for the realization of the right to food.
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Implications for food security and rural development This symposium was held at FAO Headquarters in Rome on 4 March 2011, and brought together experts from FAO, the Institute for the Unification of Private International Law (UNIDROIT), the International Development Law Institute (IDLO), the International Fund for Agricultural Development (IFAD) and the World Food Law Institute (Institute) as well as external lawyers and an investor, who participated via teleconference.
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Land Tenure Working Paper 15. This publication brings to light the existing linkages between land tenure and the realization of the right to food. It points out that responsible governance of land requires the adoption of human rights-based approach in order to develop coherent and long term solutions to improve people’s livelihoods. The document presents the legal implications of the right to food at national level and provides a series of examples on the implementation of human rights principles and obligations into land tenure systems, policies, and institutional frameworks. Presented as a background document for the Latin America Regional Consultation Meeting for the elaboration of the Voluntary Guidelines on Responsible Governance on Tenure of Land and Natural Resources, it aims to encourage discussion and further analysis on the issues presented.
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How can the right to food benefit indigenous peoples? This paper analyses how right to food is relevant to indigenous peoples and how the implementation of the right to food can benefit them. It provides an overview on the international legal framework of indigenous peoples’ right to food and discusses issues of concern from a right to food perspective.
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Implementing the right to food in national fisheries legislation This study provides a short introduction to the right to food and human rights principles in international law and an overview exploring the relationship between international fisheries instruments and the right to food. Drawing on examples from selected national fisheries laws, it seeks to identify components that are considered important for the implementation of the right to food in fisheries legislation.
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Using Human Rights Arguments and Mechanisms to Improve Resource Access for the Rural Poor This study explores the relationship between human rights — particularly the right to adequate food — and access to natural resources — particularly land. It does so through a conceptual analysis based on international treaties and instruments, and through two country studies — one from Mali (which includes a comparison with legislation from Senegal) and the other from the United Republic of Tanzania.
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