Land Law Reform: Achieving Development Policy Objectives (Law, Justice, and Development)

280 Pages·2006·1.34 MB·English

by  John W. Bruce Renee Giovarelli Leonard Rolfes Jr. David Bledsoe Robert Mitchell

LAW, JUSTICE, AND
DEVELOPMENT SERIES
L A N D L AW
R E F O R M
Achieving Development
Policy Objectives
John W. Bruce, Renée Giovarelli,
Leonard Rolfes, Jr., David Bledsoe,
and Robert Mitchell,
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Land Law Reform
Achieving Development Policy Objectives
Law, Justice, and Development
The Law, Justice, and Development series is offered by the Legal Vice Presidency
of the World Bank to provide insights into aspects of law and justice that are rel-
evant to the development process. Works in the series present new legal and
judicial reform activities related to the World Bank’s work, as well as analyses of
domestic and international law. The series is intended to be accessible to a broad
audience as well as to legal practitioners.
Series Editor: Salman M. A. Salman
Editorial Board: Hassane Cisse, Alberto Ninio, Sophie Smyth, and Kishor Uprety
Land Law Reform
Achieving Development Policy Objectives
John W. Bruce
Senior Counsel
Legal Vice Presidency, World Bank
Renée Giovarelli
Staff Attorney
Rural Development Institute
Leonard Rolfes, Jr.
Senior Attorney
Rural Development Institute
David Bledsoe
Senior Attorney
Rural Development Institute
Robert Mitchell
Senior Attorney
Rural Development Institute
THE WORLD BANK
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© 2006 The International Bank for Reconstruction and Development / The World Bank
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ISBN-10: 0-8213-6468-5 e-ISBN: 0-8213-6469-3
ISBN-13: 978-0-8213-6468-0 DOI: 10.1596/978-0-8213-6468-0
Library of Congress Cataloging-in-Publication Data
Land law reform : achieving development policy objectives / John W. Bruce . . . [et al.].
p. cm — (Law, justice, and development)
Includes bibliographical references and index.
ISBN-10: 0-8213-6468-5
ISBN-13: 978-0-8213-6468-0
1. Land reform—Law and legislation. I. Bruce, John W. II. Series
K3871.3.L36 2006
346.04'4—dc22
2005057742
Contents
List of Tables and Boxes vii
Foreword ix
Abstract xi
Acknowledgments xiii
Acronyms and Abbreviations xv
Chapter 1 Introduction: Reforming Land Law to Achieve
Development Goals 1
John W. Bruce
1.1 The Potential of Land Law 1
1.2 The Pressing Need for Reform 3
1.3 New Development Goals 5
Chapter 2 Reform of Land Law in the Context of World Bank
Lending 11
John W. Bruce
2.1 Introduction 11
2.2 Land Law and the Bank’s Objectives 12
2.3 General Guidance on Land Policy and Law Reform 14
2.4 Legal Guidance: The Operational Policies 17
2.5 Policy and Law Reform Outside the Project Context 20
2.6 Covenants and Conditions as Contractual Tools 21
2.7 Reform in the Context of Development Policy Lending 23
2.8 Reform in the Investment Project Context 27
2.9 Land Administration Projects 28
2.10 Land Reform 47
2.11 Natural Resource Management 51
2.12 Process and Style in Land Law Reform 55
2.13 New Frontiers: Into the Land Market 63
2.14 Conclusion 64
v
vi Contents
Chapter 3 Overcoming Gender Biases in Established
and Transitional Property Rights Systems 67
Renée Giovarelli
3.1 Introduction 67
3.2 Creating New Rights to Land 70
3.3 Creating Secure Rights through Titling Projects 79
3.4 Markets 84
3.5 Household Allocation of Land 88
3.6 Women’s Knowledge of and Ability to Enforce Land Rights 101
3.7 Conclusion and Recommendations 102
Chapter 4 A Framework for Land Market Law
with the Poor in Mind 107
Leonard Rolfes, Jr.
4.1 Introduction 107
4.2 Impact of the Land Market on the Rural Poor 108
4.3 A Framework for Land Market Law with the Poor in Mind 111
4.4 Bringing Customary and Informal Practices into the
Legal System 139
4.5 Conclusion 142
Chapter 5 Can Land Titling and Registration Reduce Poverty? 143
David Bledsoe
5.1 Introduction 143
5.2 Titling and Registration Programs 144
5.3 Titling and Registration and Economic Growth 151
5.4 Titling and Registration and Poverty Alleviation 160
5.5 Conclusions and Recommendations 172
Chapter 6 Property Rights and Environmentally Sound
Management of Farmland and Forests 175
Robert Mitchell
6.1 Introduction 175
6.2 Framing the Issues 178
6.3 Property Rights: The Importance of Enforceability 180
6.4 Policies, Legal Tools, and Environmental Impacts 189
6.5 Conclusion 224
Chapter 7 Conclusion 227
John W. Bruce
Selected Bibliography 231
Index 249
List of Tables and Boxes
Table 3.1 Attitudes Toward Female Ownership of Land 86
Table 6.1 Control Right Assertion and Resource Use 182
Table 6.2 International Instruments Related to Land and Resource Use
and the Environment 186
Table 6.3 Resource Management Options and Environmental
Externalities 190
Box 4.1 Legal Aid in Action: Vladimir Province, Russia 130
Box 4.2 Legal Aid in Action: The Kyrgyz Republic 131
Box 4.3 Land Transfers by Custom in Uganda 141
Box 6.1 Negative Environmental Impacts Associated
with Farming and Forestry 176
Box 6.2 Water Use Regulation and Land Conservation 192
Box 6.3 Environmental Stewardship—a Relative Concept 211
vii