Top PDF Rents in property rights creation and implementation

Rents in property rights creation and implementation

Rents in property rights creation and implementation

privatne aranžmane prilikom svojinskopravnog ugovaranja, ili, može, koristeći državu, da izvrši redistribuciju postojećih svojinskih prava. Put koji će pre- duzetnik odabrati da bi došao do prava svojine zavisi od toga da li su očekivane koristi od sticanja prava kroz državnu preraspodelu (troškovi organizovanja in- teresne grupe, lobiranja, novčanih doprinosa za kampanju, prikupljanja glasova, ili pak direktnog podmićivanja) veći ili manji od troškova sticanja prava kroz dobrovoljnu privatnu razmenu. Ukoliko su očekivani troškovi pojedinaca, pre nego društva u celini, direktno involviranih u proces sticanja svojinskih prava kroz državnu aktivnost, niži od troškova sticanja prava kroz dobrovoljnu privat- nu razmenu, može se očekivati lobiranje od strane uticajnih interesnih grupa. Takva aktivnost, međutim, može dovesti do povećanog nadmetanja za uslugama države, a podstaknuta je činjenicom da dodela prava određuje čiji će se interesi uzeti u obzir, a čiji ne. Naime, prava imaju dualnu prirodu: uvažavanje prava koje je dodeljeno osobi A znači, uskraćivanje istog prava osobi B, i obrnuto. Kon- flikt koji proizilazi između A i B u vezi sa svojinskim pravima je neizbežan. Ako je osobi A dodeljeno pravo to znači da se njegovi interesi računaju, ali ne i in- teresi osobe B, pro tanto (Benson 1984, s. 391). Kada započne politički pritisak za promenom svojinske matrice, oni koji će biti pogođeni promenom moraju ili da se organizuju i lobiraju za svoje interese ili da se pomire sa činjenicom da će biti oštećeni. Za neke pojedince, dakle, alokacija svojinskih prava kroz državnu aktivnost možda neće biti jeftinija od alokacije kroz privatnu razmenu, ali će oni biti prisiljeni da aktivno utiču na politički proces ne bi li uspeli da odbrane svo- jinska prava koja već poseduju. Nadmetanje za svojinskim pravima na političkom tržištu može da postane igra sa negativnom sumom.
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Inefficient utilization of resources - an anti-commons view in the fishing sector: the aquaculture problem

Inefficient utilization of resources - an anti-commons view in the fishing sector: the aquaculture problem

ABSTRACT: Anti-Commons Theory is a very recent development in the area of property rights. It intends to explain why an “anti-commons” emerges and why resources may be prone to underuse. In an anti-commons situation there are too many exclusion rights that lead to the under-use of resources. In Portugal, too many people (and institutions) have been involved in the approval processes of aquaculture projects. They may be involved in reaching a decision about the approval of a project which gives rise to the under-utiliza- tion of the resources promoters aimed to exploit. In fact, it takes so long to approve a pro- ject that the time required for its implementation is excessively delayed.
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Key words: Anti-Commons Theory, Property Rights

Key words: Anti-Commons Theory, Property Rights

measures to reduce catches. First, fishing seasons were reduced. At the beginning of 90s, fisheries were opened just for two or three short periods of about 24 hours, per year. Consequently, fishing race became the solution for fishers, who tried to get the maximum fish as possible, throughout the available time for fishing. In fact, results got different than the expected ones for worse. However, after the implementation of individual quotas in 1995, fishing seasons became larger and fishers could exploit this resource for around 8 months, per year. Sales increased and prices got higher (see GAO, 2002). Meanwhile, catches got smaller than TACs and fleets excesses were reduced.
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Brazil. J. Polit. Econ.  vol.33 número4

Brazil. J. Polit. Econ. vol.33 número4

of land for food. David Ricardo theorised that the accumulation of land rents could be an obstacle to growth. Indeed, it is often imperative to destroy entitlements in the interests of growth and development. There is nothing sacrosanct about a giv- en allocation of property rights. Thus, there is no criterion under which the re- sources of those who own capital be aggregated for investment. The strengthening of intellectual property rights today has been compared to the enclosure movement before the industrial revolution. Then, the commons were turned into private prop- erty. The difference with the present context is that the subject of land was localized and involved a few people. Today, the privatization of intellectual property trans- forms the legal positions of individuals across the world. Decisions can be taken in one corner of the globe about production processes in another. While it is true that enclosures of land might prevent exploitation and avoid the ‘tragedy of the com- mons’, the growth of knowledge is stunted by enclosures. The rush to acquire property rights runs along with the reduction of public investment in knowledge creation and dissemination. The result is the attenuation of investment opportuni- ties. Knowledge is not a pure public good. The possibility of exclusion from con- sumption is not absent. Disembodied knowledge can become embodied in capital and then intellectual monopoly capital. When knowledge is privatized, the size of firms matters. Due to increasing returns, complementarities with other units can be exploited. The greater the concentration of knowledge, the lower the unit costs of defending ownership rights on each unit of knowledge which competitors could discover or imitate. The accumulation of capital can, for instance, be accomplished through taxation and public expenditure or through a variety of State-sponsored entities ranging from chartered corporations to development banks. Different modes of the aggregation of capital entail different conceptions of the ownership of capital.
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Ecology versus Property Rights: Land in the Capitalist World-Economy

Ecology versus Property Rights: Land in the Capitalist World-Economy

throughout the history of the modern world-system. Some people have always fought back, resisting the demand to create title on the land they have customarily used. And some people have escaped the consequences of their land having been seized by fleeing to other land areas that are more remote from the persons engaged in doing the seizing. This is what James Scott has called "the art of not being governed." It accounts for the emergence and creation of zones in, for example, high mountainous areas, which are considered both "traditional" and "primitive" by the holders of titled land rights. These same zones however are considered zones of libertarian resistance by those who have thus escaped. These zones are as doubtfully "traditional" (that is, pre-modern) as most other phenomena we like to brand negatively as traditional. The basic pressure on those who have sought to escape the process of the assertion of restrictive land rights has been population growth. We know that the population of the world has been growing steadily for the past 500 years. With only marginal exceptions - the results of landfills - the area of the globe on which people can live has remained the same. So, there are continuously more people per square mile globally.
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Towards a political economy of land: reciprocal rights and duties in private property

Towards a political economy of land: reciprocal rights and duties in private property

Legal norms express a specific pattern of human-nature relationship, which is not unchangeable and, therefore, is object of reflection towards the definition of articulation forms with ecological and environmental values. Therefore, and besides Law, Economics should also consider other human sciences like Philosophy (Ethics) in the search of alternative ways of conception and implementation of human institutions that provide the control and the use of natural resources. The ethical dimension of property issues is present in important works of economic thought as already referred.
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NATURE OF INTELLECTUAL PROPERTY RELATIONS AND ITS ROLE IN A PUBLIC REPRODUCTION

NATURE OF INTELLECTUAL PROPERTY RELATIONS AND ITS ROLE IN A PUBLIC REPRODUCTION

Near to the approaches considered above it is impor- tant to pay attention to classification of SIP depending on their economic functions. In our opinion, in this context it is necessary to single out three groups of SIP: 1. Institu- tional subjects who take direct part in creation of intellec- tual property objects (objects of copyright, related rights or industrial property) or carry out primary registration of intel- lectual property rights on individualization tools. Noted sub- jects create object of intellectual property relations, consti- tuting the market of intellectual property and forming institu- tional basis of existence of intellectual property relations. 2. Economically active subjects who directly take part in commercialisation of intellectual property objects, that is carry out their introduction in economic overturn for the purpose of profit reception. To the given group mainly be- long legal bodies who transform objects of intellectual property into the intellectual capital which takes part in a social reproduction and provides profit reception. Economi- cally active subjects take up risks of commercialisation of intellectual property objects, provide production with use of objects of intellectual property, create innovative products and provide redistribution of a part of income for benefit of institutional subjects, stimulating them in such a way to the further intellectual activity. 3. Financial institutions which carry out mobilisation of financial resources of the sepa- rated small owners of the capital and their transformation in the investment into the intellectual capital, creating in such a way material basis for commercialisation of intellectual activity results. Mediate transactions of economic agents and providing movement of financial resources, financial institutions carry out accumulation of free financial re- sources of the separated owners of the capital by issue and sale of own financial actives, and then invest them in the financial tools emitted by economically active subjects of intellectual property relations. It is necessary to notice that in modern conditions the role of financial institutions in the intellectual property market is defining. After all the con- siderable part of projects of IPO commercialisation is charac- terised as unsecured, and the enterprises which are en- gaged in intellectual activity constantly feel deficiency of own financial resources. Therefore financial institutions under intellectual property relations form the financial mechanism of commercialisation of intellectual property results, acceler- ating economic overturn of the intellectual capital and provid- ing preconditions for faster transformation of an intellectual product in a stream of incomes of economic activities.
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Rev. bras. polít. int.  vol.51 número1

Rev. bras. polít. int. vol.51 número1

However, nothing of what has been said should be perceived as if hemispheric issues are no longer relevant. Even though Brazil has given priority to its relations with Argentina/MERCOSUL and the South American region, it never ceases to be active at all possible levels. In the 1990s, the hemispheric level gained an unprecedented intensity and scope through the Summits of the Americas. Although the Summits were frequently associated with the intention to create a Free Trade Area of the Americas (FTAA), it also dealt with political and social issues, and many of the initiatives along that line have been Brazilian. After an initiative of President Fernando Henrique Cardoso, Brazil, together with Canada, assumed the coordination of some of the main themes of the Summit, related to strengthening of democracy and human rights. The creation of the Summit Implementation Review Group (SIRG) at a hemispheric level, and the coordination by Itamaraty of national groups for implementation the Summit’s decisions, were aimed to secure the necessary flow between the IO, national government and civil society 47 . All this required of course much more expertise
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Property Rights Implications for the Brazilian Forest Code

Property Rights Implications for the Brazilian Forest Code

the future. To illustrate, start with a situation in which there is no uncertainty about the enforcement of the rights now or in the future, so that de jure and de facto rights are the same. Suppose additionally that the bundle of rights is constructed so as to induce ‘good’ outcomes for both the owner and society. If we now introduce some transaction costs so that there is a wedge between de jure and de facto rights, there might be some rent dissipation and inefficiencies relative to the prior situation. Some of the rights are now partially in the public domain where they can be captured by others and the holder might incur unproductive expenditures to protect those rights. But as long as there is reasonable certainty about what the rights are, a second-best situation will prevail where the de facto rights effectively determine incentives and constraints. In the Brazilian Forest Code, for example, there has long been a great divergence between de jure and de facto rights, where the law required the maintenance of a Forest Reserve in each property but because of lack of enforcement it was tacitly understood that one could fail to abide by this stipulation with little chance of triggering a sanction. But if something changes that cast doubt on whether it is the de jure or the de facto that will heretofore prevail, the uncertainty will upset the previous second-best incentives and might lead to greater distortions and rent dissipation. With the revision of the Forest Code and the revised commitment of the government to this time actually implement the program, there is now uncertainty as to where landowner’s property rights actually stand. The conditions for pushing forward with the program are stronger than they have ever been, with considerable support from society, social movements and the international community having generated considerable political will to move ahead. In addition, technological advances have made the logistical task of surveying, registering and monitoring properties and compliance easier and more efficient. And yet, even with these favorable forces the implementation of the program remains a formidable task. Different individuals will have different assessments of whether this time the program will effectively take off. This uncertainty makes it unclear whether the de facto or the de jure rights are the ones which should be acted upon, thus leading to unsecure property rights which impact individual’s behavior and economic performance. Sending a signal that de new de facto rights are the
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Land and law: reciprocal rights and duties in private property

Land and law: reciprocal rights and duties in private property

“Even in the case of cultivated land, a man whom, though only one among millions, the law permits to hold thousands of acres as his single share, is not entitled to think that all this is given to him to use and abuse, and deal with as if it concerned nobody but himself. The rents or profits which he can obtain from it are at his sole disposal; but with regard to the land, in everything which does with it, and in everything which he abstains from doing, he is morally bound, and should whenever the case admits be legally compelled, to make his interest and pleasure consistent with the public good.
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Property rights and social uses of land in the Portuguese Northern Province in India (1534-1739)

Property rights and social uses of land in the Portuguese Northern Province in India (1534-1739)

had their share of responsibility in the process, so it was claimed, having allowed a large diversity of clauses in the granting of villages, mainly with regard to military duties. The lack of a single template of clauses raised problems around the duties of the grantees and allowed the rules of usufruct and disposal to be differently interpreted. Propped up or not by this lack of well-defined clauses, local treasurers (feitores) also contributed to a misrepresentation of the system, by handing over villages and lands without asking the new holders to show the respective letters of confirmation issued by the chancellery. As such, prazos were transferred to individuals without prior services to the king. Some viceroys also contributed to this state of affairs, by removing from new aforamentos the clause demanding confirmation by the king (Pereira 1935: 75-79). Other misconducts, such as converting lifetime grants into perpetual grants, needed the connivance of top officials from the Estado da Índia, such as the chancellor of the High Court. Consequently, it is clear that rents derived from the prazos instigated interests across the colonial society, which subverted the essential goals of the system: the defence of the territory and the remuneration of war services. The repeated interventions by the crown and the viceregal government, not always akin, must be read in the light of those goals.
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A blessing and a curse? Political institutions in the growth and decay of generalized trust: a cross-national panel analysis, 1980-2009.

A blessing and a curse? Political institutions in the growth and decay of generalized trust: a cross-national panel analysis, 1980-2009.

Although insightful, the association observed in these studies might represent a cause, an effect, or a common cause. A key assumption in both OLS and HLM is strict exogeneity: to the extent that generalized trust determines one or more of the independent variables in the equation (i.e., endogenizes the exogenous variables), then returned estimates will be biased and inconsistent, revealing an invalid directional association. While some studies attempt to overcome this bias with the method of instrumental variables using 2-stage least squares (2SLS) regression [47,48,49,50,51], the results are mixed as a consequence of empirically, historically, and/or theoretically suspect instruments [52,53]. For instance, it is common to use gross domestic product [49], ethnolinguistic homogeneity [40], or legal origins [47] as instrumental variables for political institutions. While the instru- ments in these studies typically pass common instrument validity tests (e.g., the Cragg-Donald F statistic), rarely do these studies discuss and provide concrete evidence for independence (i.e., explain theoretically and empirically why an instrument is uncorrelated with unobserved causes of the outcome), the exclusion restriction (i.e., explain theoretically and empirically why an instrument does not have a direct effect on the outcome), or monotonicity (i.e., explain why the treatment is not available to those in the control group) [53]. In fact, we argue that the commonly used instrumental variables for political institutions thus far, such as gross domestic product, fail to satisfy any of these aforementioned requirements.
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Estabilidade institucional, credibilidade e poupança privada: uma análise de economia política

Estabilidade institucional, credibilidade e poupança privada: uma análise de economia política

However, there are limits on savings in the economy. There is no possibility to change ad infinitum the steady State capital stock, as Solow’s model supposes a traditional decreasing returns economy. Though, in the absence of the capital accumulation, that depends fundamentally of the formation of saving in an economy, other variables win space in the explanation of the phenomenon: the population dynamics, and mainly, the technical progress. They are variables characterised by the model as important factors for the economic growth. The technological progress is considered exogenous and defined empirically by the statistical residue of that it is not explained, of the point of view of the growth, only for the capital accumulation. This residue has being decomposed in several works that tried to turn the empirical analysis more precise. However, the fundamental characteristics of Solow’s model are (i) exogenous technical progress and coeteris paribus (ii) the absence of economic growth in steady State. Actually, even savings are exogenous in the model, because it cannot explain changes in saving behaviour and in the saving propensity of the private agents. However, there is a limit to savings and in this sense, exogenous technical progress becomes the main explanation for continuous growth.
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Heloísa Gomes Medeiros & Marcos Wachowicz, “Observância de Direitos Autorais na Sociedade Informacional: Lições do Marco Civil da Internet Brasileiro”

Heloísa Gomes Medeiros & Marcos Wachowicz, “Observância de Direitos Autorais na Sociedade Informacional: Lições do Marco Civil da Internet Brasileiro”

intento de concretizar ou fazer valer 3 um direito de autor ou industrial por quem o titulariza, evi- tando que terceiros não autorizados lhe cause prejuízos - principalmente econômicos, faz parte das diretrizes de qualquer sistema de direitos de propriedade intelectual nacional e internacional. As legislações de propriedade intelectual, dessa forma, caracterizam-se não apenas por atribuem direitos como também pela previsão de mecanismos para que os titulares possam torná-los efetivos, à exemplo, o Acordo sobre os Aspectos da Propriedade Intelec- tual Relativos ao Comércio - ADPIC (Trade Related Aspects of Intellectual Property Rights - TRIPS) estabelece regras materi- ais e procedimentos civis, administrativos, penais, medidas cautelares e medidas de fronteira.
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Rev. Bras. Enferm.  vol.71 número1

Rev. Bras. Enferm. vol.71 número1

Regarding the teaching aspect, it is believed that an effec- tive pedagogical practice involves proactive student participa- tion as a way of linking teaching with research and extension. Thus, with a teaching approach based on peer-mentoring and team-based learning principles, undergraduate nursing stu- dents at UnB have the opportunity to expand and develop cognitive, procedural and attitudinal skills for APN in the con- text of Pediatric Urology. There is also a journal club (held weekly) where students write and discuss texts reviews and scientific articles that bring scientific evidence related to the actions that are developed in the project. Also, at the begin- ning of each semester (in the meet & greet session for new members), a scientific and welcome meeting is carried out. At this meeting, a brief lecture/discussion is conducted with the purpose of synthesizing how they will act within the project and explaining basic definitions of APN in Pediatric Urology. The meeting is also an opportunity of socialization of newly arrived students (called junior students) with students who have been at the project for one or more semesters (called senior students). In the last year, the project counted with the participation of 12 students, 6 juniors and 6 seniors. A total of 25 nursing students and 2 trainee nurses have participated in the project during its years of activity.
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Trade Related Aspects of Intellectual Property Rights (TRIPs): a barrier towards fighting HIV/AIDS in Africa

Trade Related Aspects of Intellectual Property Rights (TRIPs): a barrier towards fighting HIV/AIDS in Africa

one hand, have legitimately promoted initiatives against counterfeiting, 18 but on the other have sought to confound the concept of counterfeiting generally a trademark issue, with quality and safety of generic medicines, thus ignoring more important measures such as fulfilling real public health interest or the strengthening of regulatory authorities in the developing countries. 19 Thus these two northern blocks have endorsed negotiations on the Anti-Counterfeit Trade Agreement (ACTA), so as to justify anti-counterfeiting measures through FTAs and at multilateral organizations such as the WHO, WTO and World Intellectual Property Organization (WIPO). This has led to the capture, throughout the EU and other world ports, of numerous legal shipments of generic drugs. Amongst multiple episodes recently a core ARV, known as abacavir, intended for Nigeria was apprehended in Germany. The ARV was purchased by UNITAID from a legal Indian manufacturer. After much public outcry the EU countries involved, Holland and Germany, eventually liberated the cargo on to its final destination. 20 Thus we see on the same side of the barricade: a strong PR defense in the interest of Northern hemisphere countries, pharma industry and health advocates in favor of anti-counterfeit legislation so supposedly defending public health, on the other hand Southern hemisphere health advocates argue that this legislations real purpose is the defense of pharma industries interests. 21 Even though major manufacturers of pharmaceuticals such as China and India have made efforts at cracking down on counterfeiting operations, 22 they have not seen their efforts recognized, with the secretary general of the Indian Pharmaceutical Alliance (IPA) General DG Shah commenting on counterfeits that: "… The EU definition goes further than WHO's definition (of counterfeit), by saying that if a drug--being exported or passing through – does not hold a valid patent in the EU then it will be termed as counterfeit. It is proved beyond doubt that counterfeit is no longer just a public health issue but has become a
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Cultural differences, insecure property rights and modes of entry by multinstional corporations

Cultural differences, insecure property rights and modes of entry by multinstional corporations

z Better use of local knowledge improves monitoring credibility, hence produces better incentives. z Better use of local knowledge creates better “insurance”.[r]

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South-South Collaboration for an Intellectual Property Rights Flexibilities Agenda

South-South Collaboration for an Intellectual Property Rights Flexibilities Agenda

One important conclusion is that developing countries face significant difficulties in building an agenda for thoroughly reforming the IP regime. Their main problem is that they find it difficult to define a clear common denominator for their positions. However, some factors suggest that a deeper and more lasting collaboration is possible, and that these countries share some important characteristics that could enable them to find a minimal common denominator. For instance, they are all marked by huge internal eco- nomic and social inequalities: therefore, access to knowledge, essential medicines, and hu- man rights remains an economic and political imperative. They also have large indigenous communities, and have landscapes rich in biodiversity. In turn, it has become clear that attempts to harmonise and strengthen international IP protection have adversely affected developing countries, especially those pursuing a ‘catch-up’ strategy. Most importantly, the private protection of knowledge affects large segments of public policies that are es- sential to developing countries. Opening and defending the policy space they need to devise national protection systems suited to their developmental needs would constitute an effective South-South policy co-ordination agenda.
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Index

Index

Federalism cannot be in any way viewed as a panacea for all world problems. (Watts, 2003: 17). However, this is a solution which should not be ignored. According to Watts, hybrid systems are being developed which combine federal and unitary elements, as is the case in South Africa and in the European Union (idem, 18). Is that the solution? The variety of existing federalims and their ability to adapt to different cases may indicate that the federal regime should be accounted for as a model of State organization. If, according to J. Denis and Ian Derbyshire (2000, 19-22), federalism may be historical, cultural, geographic, linguistic, ethnic, artificial or imitative, this characterization is always cumulative. Thus, Belgium is defined as a cultural and linguistic federation by these authors, and Switzerland is a historical a cultural one. Bosnia-Herzgovina, on the other hand, is not only a historical and cultural but also an ethnic federation. However, this definition may easily questioned. Switzerland would be a clear example of an ethnic federation though, unlike other cases, the Swiss federation is not based on an ethnic on linguistic differentiation. The implementation of a federal regime is a paradox. If, as mentioned before, federalism is a response to the traditional, unitary and centralized State-nation, its implementation should also be different. Yet, some issues require clarification. According to Carré Malberg "the federal State seems rather a unitary State in certain things" (1962: 96). This is rather contradictory and the reason lies in the principle of overlapping. Subordination of federal entities to federal power leads to their competences being limited and to legal conflicts between the two levels. It is not uncommon for the federal State to be accused of wanting to take on a role that is beyond its competences and become the omnipresent State. The American case is a rather obvious example of this. Considering it is half way between confederalism and Unitarianism (centralism), federalism is often criticized by advocates of both regimes. Its implementation and maintenance result from the permanent tension between those in favor of a strong federal State and those for as great an autonomy as possible for federal entities. Historically, the need for greater political integration and a strong executive power was responsible for confederate regimes opting for stronger centralization and, thus, for federal regimes.
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Securing Communal Land Rights to Achieve Sustainable Development in Sub-Saharan Africa: Critical Analysis and Policy Implications

Securing Communal Land Rights to Achieve Sustainable Development in Sub-Saharan Africa: Critical Analysis and Policy Implications

Current co-management practice favours basing community rights to land administration on a contractual rather than a proprietary interest. This raises questions regarding the effect state ownership of land has on a community’s contractual right to control use and access. Contracts are more easily broken or amended resulting in less secure rights for communities and weaker incentives to invest over the long-term. 52 Conversely, a contractual approach offers significant flexibility. The rights and obligations of numerous parties can be detailed in the contract, while under proprietary regimes one group generally controls access. Contract duration can further be calibrated to reflect rapidly changing circumstances and access to the resource can be made contingent upon the fulfilment of contractual obligations. 53 Finally, agreements can more readily be tailored to suit local conditions and government oversight can ensure consistency with regional and national law. While the flexibility advantages of a co-management approach are clear, additional research is needed regarding the negative consequences of basing localised land administration solely on contractual rights, rather than on more secure proprietary rights. Given the significant research attesting to the importance of security of tenure in achieving long-term investment in a resource, improving sustainable management, and reducing land degradation, strong justification exists to base localised land use regulations on proprietary over contractual rights. 54 It should further be noted that the two approaches can potentially co-exist. For example, a community legal entity can have full title over communal land but can then still negotiate use regulations based on a contractual arrangement with local users. 3 .5 Cur re nt Be st Pra c t ic e
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