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Droits fonciers et biodiversité au Burkina Faso : le cas de la province de la Sissili

Abstract : The thesis examines the correlation between land rights and biological diversity in Burkina Faso using the example of Sissili province, where various actors coexist. The issue is that of legal pluralism following the consecration of State law in legal relations with the land in a local context where social cohesion is confronted with the survival of endogenous rights that have been excluded in the process of building national law since the country's colonial conquest. Starting from the complexity and evolution of social links, in particular land conflicts between actors with different legal references, the study, in a legal anthropology approach, aims to initiate a reflection on the development of a normative model for access to land that can promote the sustainable management of social relations and biodiversity. To this end, it addresses the dual dimension, legislative and customary (endogenous), of the norms governing the relationship between land rights and biological diversity. The review of the legislative and regulatory framework as well as targeted field surveys make it possible to identify the endogenous rights exercised by local populations. Like the problem of land management in the province on a national scale that it highlights, the reading of this plural normative system – national and local, written and customary, exogenous and endogenous – makes it possible to formulate, in a co-construction approach of a postmodern law, legal proposals reconciling social justice and environmental sustainability.
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Submitted on : Friday, September 11, 2020 - 2:18:08 PM
Last modification on : Saturday, September 12, 2020 - 3:35:12 AM


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  • HAL Id : tel-02935800, version 2



Mamoudou Birba. Droits fonciers et biodiversité au Burkina Faso : le cas de la province de la Sissili. Droit. Université de Limoges, 2020. Français. ⟨NNT : 2020LIMO0007⟩. ⟨tel-02935800v2⟩



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