Many local tenure arrangements in Niger were largely implicit, not recorded in any codified form. In the process of codification now underway, chiefs are regarded as the key interpreters of... Show moreMany local tenure arrangements in Niger were largely implicit, not recorded in any codified form. In the process of codification now underway, chiefs are regarded as the key interpreters of tradition, mutating the implicit into the explicit. Land tenure reform is not without contradictions. How are chiefs to maintain a level of flexibility and dynamism within the codified, rigidified form that the local tenure arrangements will have once they are made explicit? How are chiefs to determine which implicit local customary practice is to have primacy in a codified form, since their parameters are always changing from season to season and from year to year? As the new 'Code rural' in Niger shows, the invention-of-tradition approach which has gained prominence in English-language research has failed in its French counterparts. Both planner-administrators and academics are engaged in a discourse that seems to take tradition as an undisputed given. The remarkable thing is that is appears to work. The 'Code rural' has been considered path-breaking and innovative because it seeks to modernize tenure rules without breaking with tradition. The conclusion is that land tenure legislation can be modernized by integrating traditional chiefs into the legal framework. Show less
This chapter explores the possibilities and limits of law and institutions as instruments for generating changes in environmental behaviour. First, an overview of the different schools of thought... Show moreThis chapter explores the possibilities and limits of law and institutions as instruments for generating changes in environmental behaviour. First, an overview of the different schools of thought on law and natural resources is presented. It appears that the overall trend with regard to land and common property resources is orientated towards: 1) a bottom-up/sociological approach to the law-making process, and 2) devolution of powers to local communities in a setting of comanagement. Next, the available case studies - particularly from Africa - are examined, with a focus on two issues: security of tenure and the debate on decentralization. Special attention is paid to some recent experiences with specific forms of comanagement, notably the 'Gestion de terroir' approach and the contractual approach. Finally, the relative effectiveness of legal and institutional incentives for local environmental management are discussed. Show less
