Legal empowerment for local resource control
Legal empowerment for local resource control
Legal empowerment for local resource control
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FIGURE 3. LEGAL TOOLS – CONCEPTUAL SEQUENCING<br />
other types of <strong>resource</strong> rights (such as use rights based on “customary”<br />
norms); establishing clear and fair standards of valuation and<br />
compensation, and fair and transparent procedures, including grievance<br />
mechanisms; and removing legal constraints to damage-to-property<br />
remedies (e.g. standing, burden of proof, limited availability of injunctions)<br />
would increase the effectiveness of these tools.<br />
Conceptually, a sequencing exists between these three sets of legal tools:<br />
vesting <strong>resource</strong> rights with <strong>local</strong> groups is a precondition to consultation,<br />
benefit-sharing and compensation requirements; compulsory taking of<br />
<strong>local</strong> <strong>resource</strong> rights is possible either as default or after failure of<br />
consultation/negotiation exercises; and so on.<br />
This study has emphasised the diversity of the legal tools that can be used<br />
to secure <strong>local</strong> <strong>resource</strong> rights and empower <strong>local</strong> <strong>resource</strong> users. Court<br />
litigation more easily captures the attention of the media and of the public<br />
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