Legal empowerment for local resource control

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“Laws were made that the stronger might not in all things have his own way”. (Ovid, 43 BC – 17 AD) “Laws, like the spider's webs, catch the flies and let the hawk go free”. (Proverb, based on a statement first attributed to Solon, VII-VI c. BC) vii
viii
Page 1 and 2: Legal empowerment for local resourc
Page 3 and 4: LEGAL EMPOWERMENT FOR LOCAL RESOURC
Page 5 and 6: ABOUT THE AUTHOR Lorenzo Cotula (lo
Page 7: ICSID International Centre for the
Page 11 and 12: x III. LEGAL TOOLS TO SECURE LOCAL
Page 13 and 14: 2 Legal empowerment can increase lo
Page 15 and 16: 4 and implementing para-legal tools
Page 17 and 18: 6 1.1. OVERVIEW 1.1.1. The issue Ac
Page 19 and 20: 8 local levels. Overall, the law te
Page 21 and 22: 10 1.2. DEFINITIONS, SCOPE AND RATI
Page 23 and 24: 12 generally, the range of strategi
Page 25 and 26: 14 CHART 2. FDI STOCK IN SELECTED A
Page 27 and 28: 16 the Middle East, to sub-Saharan
Page 29 and 30: 18 2.1. POWER AND LEGAL EMPOWERMENT
Page 31 and 32: 20 where short timeframes would pre
Page 33 and 34: 22 provisions embodied in the const
Page 35 and 36: 24 2.2. FOREIGN INVESTMENT PROJECTS
Page 37 and 38: 26 country power structures through
Page 39 and 40: 28 investor to access a specific lo
Page 41 and 42: 30 compensation), 11 and those on t
Page 43 and 44: 32 that characterised the Cold War,
Page 45 and 46: 34 As a result, the international l
Page 47 and 48: 36 have also created government age
Page 49 and 50: 38 In Africa, very little land has
Page 51 and 52: 40 When conflicts between local and
Page 53 and 54: 42 FIGURE 1. LAW AND POWER IN FOREI
Page 55 and 56: 44 2.3. TOOLS FOR LEGAL EMPOWERMENT
Page 57 and 58: 46 citizens at large use them. The
Page 59 and 60:
48 2.3.2. Para-legal tools The fact
Page 61 and 62:
50 emphasise helping clients themse
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III. LEGAL TOOLS TO SECURE LOCAL RE
Page 66 and 67:
institutional arrangements, or wher
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In Cameroon, efforts to vest strong
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Group rights and individual rights
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BOX 4. TOOLS FOR LOCAL GOVERNMENT A
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(section 1 of the Land Act and sect
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BOX 5. LOCAL CONVENTIONS Where stro
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and is meant to shift the balance o
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ights on the ground, which usually
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Denise Malauene Community land regi
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addressed. Reform to strengthen the
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state, local resource users can “
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Another aspect of “who to consult
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occur at a relatively late stage in
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To sum up Mandatory consultation pr
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usually not formalised in the way r
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3.3. TOOLS TO MINIMISE AND COMPENSA
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In some cases, these EIA provisions
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Tighter legal requirements on SIAs
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First, legislation typically requir
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under the Village Land Act, “cust
Page 106 and 107:
prohibits “arbitrary” deprivati
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the implementation of micro-project
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BOX 7. THE SAN OF BOTSWANA: COMBINI
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aise issues about the project’s s
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Tight rules on statutes of limitati
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to hold the parent company responsi
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IV. CONCLUSION 107
Page 120 and 121:
Part III of the study analysed rece
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FIGURE 3. LEGAL TOOLS - CONCEPTUAL
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4.2. FROM LEGAL TOOLS TO LEGAL EMPO
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First, each of the legal tools anal
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account is shaped by power relation
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4.3. WHAT NEXT? This study has deve
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V. ANNEXES 121
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years or periodic tenancy, usually
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5.2. REFERENCES 5.2.1. Literature A
Page 138 and 139:
Egbe, S.E., 2001b, “The Law, Comm
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Platteau, J.P., 2000, “Does Afric
Page 142 and 143:
BACONGO v. Department of the Enviro
Page 144:
Legal empowerment for local resourc
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Legal empowerment for local resource control

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