Legal and institutional incentives for local environmental management

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 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.