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PROPERTY RIGHTS AND BIODIVERSITY MANAGEMENT IN KENYA

Property rights are integral to the management of biological diversity. The sustainability of the diversity is predicated on the management of the ecosystem and habitats tha host the diversity. This book looks at the implications of property rights holding on the management of biological resources. Using the example of land tenure and wildlife management in Kenya, the author demonstrates that for the property institution to be effective, the rights have to be allocated on a scale and at a level sufficient to insure that the entity which is best placed to manage the resources has complete control over the resources thus eliminating the possibility of contradictory rules being applied to one resource. she further argues that governement ownership of land and wildlife resources constitutes in some respects a form of private property rights holding, since one central authority holds the rights. The author adopts the view that traditional notions of private property rights, whether vested in individuals or states are outmoded and unable to deal with the problems arising from wildlifemanagement and that common property is important in dealing with these problems. Legal institutions for the protection of property rights need to recognize and protect the rights of local communities if property rights are to engender sustainable wildlife management in Kenya and avoid the "tragedy of the enclosure". In conclusion she avers that for property rights to engender sustainable management of biological diversity in Kenya, account has to be taken of diverse notions, actors and interests including communities and customary tenure arrangements. Along these lines, she proposes that tenure regimes should be aligned to land use systems to ensure that there is synergy between ownership and use of land.

ISBN: 9966-41-118-6
Authors:
Patricia Kameri-Mbote
Publication Date: 2002
Number of Pages: pages
Binding: Paperback