Article scientifique

International soft-law instruments and global resource governance : reflections on the volontary guidelines on the responsible governance of tenure

Lorenzo Cotula | Law, Environment And Development Journal | 2017
International soft-law instruments and global resource governance : reflections on the volontary guidelines on the responsible governance of tenure

This article reflects on the Tenure Guidelines as a tool for addressing resource governance challenges. After outlining the process through which the Tenure Guidelines were developed and reviewing key features of their content, the article focuses on two issues: the legal significance of the VGGT, and the nature of initiatives to advance their implementation.

While it is a truism that, as a voluntary instrument, the Tenure Guidelines do not create legal obligations, the article argues that the VGGT nonetheless present elements of normativity and have legal significance, which require lawyers to take their guidance seriously.

Read here.