Location:
International Food Policy Research Institute
2033 K Street, NW, Washington, DC
Fourth Floor Conference Facility
Thursday, July 18, 2002
3:30 p.m. to 5:00 p.m.
R.S.V.P.

Abstract
From international human rights policies to those addressing rights to resources within the household, there is a great deal of reliance on legislation to define rights. But state or government law is only one of the types of law that apply. This seminar presents concepts of legal pluralism, recognizing that in practice there is co-existence and interaction between multiple legal orders such as international, state, customary, religious, project and local laws. It then shows how these concepts are important to understanding the complexity of property rights, and concludes with some examples of applications to other policy arenas, including human rights.

In terms of property rights, individuals may choose from multiple legal frameworks as the basis for their claims on a resource, in a process referred to as “forum shopping.” Each type of law, and the claims derived from it, is only as strong as the enforcement institutions that stand behind it. The multiple legal frameworks facilitate considerable flexibility for people to maneuver in their use of natural resources. Legal pluralism also introduces a sense of dynamism in property rights, as the different legal frameworks do not exist in isolation, but influence each other, and can change over time. Example of disputes over water rights in South Asia will be used to show how the interaction of legal orders can lead to conflict, but also to locally-appropriate water resource management.

Unless the complexity of overlapping types of law are recognized, changes in state law may not have their intended effects. For example, new government laws intended to increase tenure security may instead increase uncertainty, especially for groups with less education and contacts. This seminar will argue that taking into account legal pluralism can lead to more realistic policies, from the local to the international level.

Please RSVP to 202-862-8107 or Email: S.Hill-Lee@cgiar.org.