Tenure rights and obligations: Towards a more holistic approach to land governance

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Food & Agriculture Org., 13 lug 2021 - 54 pagine
This study explores the limits to rights – and the interplay of rights and obligations – in land and natural resource governance. Drawing on legal developments from diverse thematic and geographic contexts, it aims to provide conceptual foundations for legal interventions to support the implementation of the Voluntary Guidelines on the Responsible Governance of Tenure (VGGT). Three clarifications are in order. First, an obligation can have both moral and legal dimensions; this study is primarily concerned with legal obligations. Second, the study takes a holistic approach to natural resource governance but focuses on land and surface resources. Third, while the study engages with the text of the VGGT, it also examines selected developments in national law – including constitutional, property, and natural resource law – and international law, particularly on human rights, the environment, and foreign investment. The study does not aim to provide a comprehensive discussion of these issues. Instead, it aims to outline the issues and encourage readers’ further reflection and debate.
 

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Founded in 1945, the Food and Agriculture Organization (FAO) leads international efforts to defeat hunger. Serving both developed and developing countries, FAO provides a neutral forum where all nations meet as equals to negotiate agreements and debate policy. The Organization publishes authoritative publications on agriculture, fisheries, forestry and nutrition.

An intergovernmental organization, the Food and Agriculture Organization of the United Nations (FAO) has 194 Member Nations, two associate members and one member organization, the European Union. Its employees come from various cultural backgrounds and are experts in the multiple fields of activity FAO engages in. FAO’s staff capacity allows it to support improved governance inter alia, generate, develop and adapt existing tools and guidelines and provide targeted governance support as a resource to country and regional level FAO offices. Headquartered in Rome, Italy, FAO is present in over 130 countries.

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