Land reforms and the tragedy of the anticommons — a case study from Cambodia

  • Most of the land reforms of recent decades have followed an approach of “formalization and capitalization” of individual land titles (de Soto 2000). However, within the privatization agenda, benefits of unimproved land (such as land rents and value capture) are reaped privately by well-organized actors, whereas the costs of valorization (e.g., infrastructure) or opportunity costs of land use changes are shifted onto poorly organized groups. Consequences of capitalization and formalization include rent seeking and land grabbing. In developing countries, formal law often transpires to work in favor of the winners of the titling process and is opposed by the customary rights of the losers. This causes a lack of general acknowledgement of formalized law (which is made responsible for deprivation of livelihoods of vulnerable groups) and often leads to a clash of formal and customary norms. Countries may fall into a state of de facto anarchy and “de facto open access”. Encroachment and destruction of natural resources may spread. A reframing of development policy is necessary in order to fight these aberrations. Examples and evidence are provided from Cambodia, which has many features in common with other countries in Asia and Sub-Saharan Africa in this respect.

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Author:Dirk Löhr
Parent Title (English):Sustainability
Document Type:Article (specialist journals)
Date of OPUS upload:2022/08/30
Date of first Publication:2012/04/23
Publishing University:Hochschule Trier
Release Date:2022/09/05
Tag:customary rights; land reform; property rights; tragedy of the anticommons
GND Keyword:Agrarreform; Kambodscha
Page Number:21
First Page:773
Last Page:793
Departments:FB Umweltwirtschaft/-recht (UCB)
Dewey Decimal Classification:3 Sozialwissenschaften / 32 Politikwissenschaft
3 Sozialwissenschaften / 33 Wirtschaft
3 Sozialwissenschaften / 34 Recht
Licence (German):License LogoCreative Commons - CC BY - Namensnennung 4.0 International