Responsible governance of tenure and the law: A guide for lawyers and other legal service providers
Publication year
Resource type
UNCCD Library
Material Type
ebook
ISBN
978-92-5-109132-6
Responsible governance of tenure promotes and supports the progressive realization of the right to adequate food, which is one of the objectives of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT; hereafter the Guidelines). The Guidelines also aim to foster sustainable social and economic development, the eradication of poverty and responsible investment.
Voluntary and non-legally binding, the Guidelines were endorsed by the Committee on World Food Security (CFS) on 12 May 2012. They build on international law – in particular, human rights law – and set out principles and internationally accepted standards for responsible practices. They are primarily addressed to states, but they also have provisions directly addressed at private sector actors, such as lawyers, surveyors and investors. They can also be used by implementing agencies, judicial authorities, local governments, organizations of farmers and small-scale producers, of fishers, and of forest users, by pastoralists, indigenous peoples and other communities, civil society, academia and all persons concerned to assess tenure governance and identify improvements and apply them.
The Food and Agriculture Organization of the United Nations (FAO) has developed a series of technical guides to provide more detailed guidance on particular issues or for particular groups. This technical guide, Responsible governance of tenure and the law: a technical guide for lawyers and other legal service providers is aimed at legal professionals working with governments, civil society, the private sector or development agencies as well as law societies, notaries, judges and all those who are interested in understanding the role of law in giving effect to the provisions of the Guidelines. National law is crucial for the responsible governance of tenure for all, with a particular focus on more vulnerable segments of society. The Guidelines provide important elements for shaping a well-functioning legal framework to facilitate their effective implementation at the national level. The technical guide reviews the legal implications of the Guidelines and provides guidance on assessing national legislation, legal reform and improved implementation as well as the settlement of disputes. It covers legal issues related to land, fisheries and forests, complementing other technical guides that focus on particular resources, situations and issues.
Voluntary and non-legally binding, the Guidelines were endorsed by the Committee on World Food Security (CFS) on 12 May 2012. They build on international law – in particular, human rights law – and set out principles and internationally accepted standards for responsible practices. They are primarily addressed to states, but they also have provisions directly addressed at private sector actors, such as lawyers, surveyors and investors. They can also be used by implementing agencies, judicial authorities, local governments, organizations of farmers and small-scale producers, of fishers, and of forest users, by pastoralists, indigenous peoples and other communities, civil society, academia and all persons concerned to assess tenure governance and identify improvements and apply them.
The Food and Agriculture Organization of the United Nations (FAO) has developed a series of technical guides to provide more detailed guidance on particular issues or for particular groups. This technical guide, Responsible governance of tenure and the law: a technical guide for lawyers and other legal service providers is aimed at legal professionals working with governments, civil society, the private sector or development agencies as well as law societies, notaries, judges and all those who are interested in understanding the role of law in giving effect to the provisions of the Guidelines. National law is crucial for the responsible governance of tenure for all, with a particular focus on more vulnerable segments of society. The Guidelines provide important elements for shaping a well-functioning legal framework to facilitate their effective implementation at the national level. The technical guide reviews the legal implications of the Guidelines and provides guidance on assessing national legislation, legal reform and improved implementation as well as the settlement of disputes. It covers legal issues related to land, fisheries and forests, complementing other technical guides that focus on particular resources, situations and issues.
Keywords
tenure rights
legal framework
governance
agriculture
smallholder farmers
practical guidance
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