Document de travail sur les régimes fonciers 7. Ce document analyse la gouvernance foncière dans les divers pays d’Afrique centrale en relevant des problèmes communs et des mesures entreprises par les Etats. L’étude reconnaît que la corruption, la non application des lois, l’abus de pouvoir ou la confusion des rôles transparaissent dans la plupart des pays et représentent des défis majeurs pour l’application des principes de bonne gouvernance.

Public-Private Partnerships broadly identify a spectrum of complex legal arrangements between the public and the private sector to provide goods or services within a country. The objective of the PPP is share control, risks, and rewards of a set of fixed assets between a private enterprise and a “public unit”, which is normally a national government. A common thread that runs throughout all PPPs is some degree of private participation intertwined with the provision of goods and services traditionally handled by the public domain.

This paper represents part of an area of work which analyses access to natural resources in Mozambique. An initial paper examined the extent to which Mozambique’s recent regulatory changes to natural resource access and management have had their intended effects (LSP Working Paper 17: Norfolk, S. (2004). “Examining access to natural resources and linkages to sustainable livelihoods: a case study of Mozambique”). This paper is complemented by LSP Working Paper 27: Tanner et al. (2006). “Making rights a reality: Participation in practice and lessons learned in Mozambique”.

This paper discusses the development of a new Land Law in Mozambique 1 , under the leadership of the Technical Secretariat (TS) of the Inter-ministerial Commission for the Revision of Land Legislation (popularly known as ‘the Land Commission’). The TS began work on the new law in August 1995 after first formulating a new National Land Policy. The National Assembly approved the law two years later. Regulations and other instruments needed to implement it were completed in December 1999.

Many questions about customary legal developments go unexplained if no recourse is made to the connection between legal and economic systems. Since time immemorial they interact, justify and fertilise each other. Most of all, if we believe that customary laws and justice develop and transform themselves, the question is: how much does economic development influence legal institutions and rules?

This paper gives a brief overview of the existing UPFG laws and regulations and points out the issues that legislative bodies may have to consider with regard to UPFG. The objective of the paper is to give an overriding analysis of the relevant issues that need to be considered in order to analyze the legal and institutional aspects of UPFG. Taking UPFG into consideration, the legislation of several countries was assessed to illustrate the broad framework, the gaps, the overlaps and the positive examples of laws and regulations.

An international journal of forestry and forest industries

Revue internationale des forts et des industries forestires

Revue internationale des forts et des industries forestires

Revue internationale des forts et des industries forestires

Revue internationale des forêts et des industries forestières

In the first part of this paper the role of the core principles in three different scenarios will be discussed. The first is a setting where a shared watercourse, but no specific treaty exists; the second, where a treaty is in the process of being negotiated; and the third where an agreement over the shared resource is in force. The second par t of the paper will look in detail at the normative content of each principle, its reflection in specific watercourse agreements and its implementation by joint bodies.