Customary Rights And Traditional Systems Essay

1099 Words Aug 11th, 2015 null Page
and utilised through customary property rights, which are managed through self-governing and traditional systems. This system can be defined as dual tenure. One regime holds that the land is unowned or government property, the other is a system of informal customary systems of property rights based on usually uncodified rules with legitimacy in tradition. When host states negotiate land deals with foreign investors, they often designate the land as “reserve agricultural land” or “idle”, ignoring its customary users. In situations where there is conflict over the resources between the codified right of the investor and the customary rights of the local users, power imbalances will favour the formal rights holder.
As with land, water regulation is formally vested in the State, while water use is also largely governed by customary rights. With regards to agricultural investment, there are two types of systems: (i) some countries issue permits for water use, however these are not often used; (ii) some states operate a riparian system which means that water rights are directly connected to the land, which entitles land users to have unrestricted access to the water accessible from the land. Thus, when an investor has control over a piece of land for agricultural production, they may gain unrestricted access to the water resources on the land, regardless of the downstream users.
In a study by The United Nations Conference on Trade and Development (UNCTAD) and the World Bank…

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