Land Law Reform : Achieving Development Policy Objectives

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

• ISBN13: 9780821364680
• ISBN10: 0821364685
• Format: Paperback
• Copyright: 2006-09-11
• Publisher: World Bank

Summary

'Land Law Reform' examines the wide-spread efforts to reform land law in developing countries and countries in transition, drawing in particular upon the experience of the World Bank and the Rural Development Institute. The book considers the role of land law reform in the development process and analyzes how the World Bank has sought to support these legal changes in client countries. It reviews the experience with reform of laws affecting land access and rights in achieving gender equity, identifies opportunities for reinforcing environmentally sustainable development through land law reform, and examines from both growth and poverty alleviation perspectives the effectiveness of reforms to formalize property rights and liberalize land markets. The concluding chapter recommends some basic priorities for land law reforms.

Table of Contents

List of Tables and Boxes	vii
Foreword	ix
Abstract	xi
Acknowledgments	xiii
Acronyms and Abbreviations	xv
Introduction: Reforming Land Law to Achieve Development Goals	1	(10)
John W. Bruce
The Potential of Land Law	1	(2)
The Pressing Need for Reform	3	(2)
New Development Goals	5	(6)
Reform of Land Law in the Context of World Bank Lending	11	(56)
John W. Bruce
Introduction	11	(1)
Land Law and the Bank's Objectives	12	(2)
General Guidance on Land Policy and Law Reform	14	(3)
Legal Guidance: The Operational Policies	17	(3)
Policy and Law Reform Outside the Project Context	20	(1)
Covenants and Conditions as Contractual Tools	21	(2)
Reform in the Context of Development Policy Lending	23	(4)
Reform in the Investment Project Context	27	(1)
Land Administration Projects	28	(19)
Land Reform	47	(4)
Natural Resource Management	51	(4)
Process and Style in Land Law Reform	55	(8)
New Frontiers: Into the Land Market	63	(1)
Conclusion	64	(3)
Overcoming Gender Biases in Established and Transitional Property Rights Systems	67	(40)
Renee Giovarelli
Introduction	67	(3)
Creating New Rights to Land	70	(9)
Creating Secure Rights through Titling Projects	79	(5)
Markets	84	(4)
Household Allocation of Land	88	(13)
Women's Knowledge of and Ability to Enforce Land Rights	101	(1)
Conclusion and Recommendations	102	(5)
A Framework for Land Market Law with the Poor in Mind	107	(36)
Leonard Rolfes, Jr.
Introduction	107	(1)
Impact of the Land Market on the Rural Poor	108	(3)
A Framework for Land Market Law with the Poor in Mind	111	(28)
Bringing Customary and Informal Practices into the Legal System	139	(3)
Conclusion	142	(1)
Can Land Titling and Registration Reduce Poverty?	143	(32)
David Bledsoe
Introduction	143	(1)
Titling and Registration Programs	144	(7)
Titling and Registration and Economic Growth	151	(9)
Titling and Registration and Poverty Alleviation	160	(12)
Conclusions and Recommendations	172	(3)
Property Rights and Environmentally Sound Management of Farmland and Forests	175	(52)
Robert Mitchell
Introduction	175	(3)
Framing the Issues	178	(2)
Property Rights: The Importance of Enforceability	180	(9)
Policies, Legal Tools, and Environmental Impacts	189	(35)
Conclusion	224	(3)
Conclusion	227	(4)
John W. Bruce
Selected Bibliography	231	(18)
Index	249