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Brown Undergraduate Law Review -- Vol. 2, No. 1 (Fall 2020)

We are proud to present the Brown Undergraduate Law Review's Fall 2020 issue. We hope you will all find our authors' works fascinating and thought-provoking.

We are proud to present the Brown Undergraduate Law Review's Fall 2020 issue. We hope you will all find our authors' works fascinating and thought-provoking.

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Land Grabs and the Reach of the Law: Reforming Large-Scale Land Acquisition in Sub-Saharan Africa

deals occurring in Sudan. 24 The impact of inadequate staple crops. This increased demand for freshwater can

compensation has gendered dimensions as well; in Ghana, lead to the formation of hotspots and water scarcity for

women farmers are given little or no compensation in local communities. One notable example is Central Africa,

exchange for confiscated land, and are often excluded from where extensive irrigation projects have caused Lake Chad

negotiations with land owners. 25

to shrink by 95 percent since the 1960s. 29

The development of social services and public goods can

be viewed as an alternative form of compensation. These

projects can range from road-building, to constructing or

improving processing facilities, to donating hospitals or

schools. Such promises sometimes materialize, such as in

the DRC, where investors of a rubber plant built a 230-bed

infirmary, 26 but are just as often forgotten, with particular

frequency in Ethiopian land deals. 27

Environmental Impacts

The environmental effects of LSLAs are largely negative,

straining water resources and damaging investment sites

and surrounding ecosystems. Aggressive agricultural

techniques used on leased land such as over-fertilization

and land-clearing can result in marked increases in air

pollution and soil erosion. In addition, farming practices

can disrupt ?indigenous forests that serve as migratory

corridors for endangered species.? 28 Agricultural

production can be sustained via blue water (irrigation) and

green water (precipitation and evapotranspiration). A large

share of LSLA crops, such as jatropha and sugarcane,

require large amounts of blue water, relative to traditional

Food Security

In theory, LSLAs could alleviate food insecurity for

investor and host countries; if all current land deals

manage to close their agricultural yield gaps (the

difference between potential and actual crop production),

the continent of Africa would be able to feed

approximately 50 million additional people relative to the

status quo. Such findings, however, presume lower levels

of biofuel production and nonedible forestry relative to

food production, and that investors will behave in a perfect

and uniform manner. 30 In addition, adverse climate change

impacts (in relation to aforementioned irrigation schemes,

deforestation, etc.) may come at the cost of widespread

cultivation, hindering gains in global food security. 31

Notwithstanding the future implications for improved

global food security, the benefits of foodstuffs harvested

from SSA lands have failed to attenuate local food

insecurities in the present. Despite holding over 60 percent

of the world?s uncultivated arable land, Africa continues to

be a net food importer, and suffers from volatile food

markets. 32 Furthermore, sources of local food insecurity

24. Ibid., 177?179.

25. Benjamin Arthur and Kwame Mensah, ?Assessing Community Consent in Large Scale Land Investments in Ghana,? Civic Response, (2017), 2,

22.

26. Hufe and Heuermann, 177?179.

27. Tsegaye Moreda, ?Large-Scale Land Acquisitions, State Authority and Indigenous Local Communities: Insights from Ethiopia,? Third World

Quarterly, vol. 38, no. 3 (March 2017), 698?716.

28. Hufe and Heuermann, 180.

29. Emma Li Johansson, et al., ?Green and Blue Water Demand from Large-Scale Land Acquisitions in Africa,? Proceedings of the National

Academy of Sciences of the United States of America, vol. 113, no. 41 (2016).

30. Maria Cristina Rulli and Paolo D?Odorico. ?Food Appropriation through Large Scale Land Acquisitions,? Environmental Research Letters, vol.

9, no. 6 (June 26, 2014).

31. Liette Connolly-Boutin and Barry Smit., ?Climate Change, Food Security, and Livelihoods in Sub-Saharan Africa,? Regional Environmental

Change, vol. 16, no. 2 (February 13, 2015).

32. Wim Plaizier, ?How Africa Can Feed the World,? World Economic Forum, (January 22, 2016).

Brown Undergraduate Law Review

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