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Theses

La négociation dans la régulation foncière-environnementale au Bénin

Abstract : There is no consensus on Beninese land and environmental law at the level of rural communities because of the exogeneity of its legal referents. The fiction that characterizes positive law does not make it possible to respond effectively to the needs for standards of actors at the various levels of land and environmental regulation. The legal complexes with regard to the law of the colonizer and the unfavourable prejudices on legal endogeneity constitute potential threats to the national ecological interest and to the land tenure-environmental security of rural communities that live exclusively from family farming. In the face of the declared ecological emergency, climate change and the insecurity of land tenure in protected areas and common land heritages, a new legal perspective must be given to the relationship to land and the biotic elements it supports. The challenge for Beninese positive law is twofold: (a) taking account of local practices, customs and habits, insofar as their legality has been proven, which makes it possible to establish State law in its socio-cultural and economic context and to ensure its effectiveness in the governance of land and environmental resources; (b) the establishment of transparent mechanisms for the settlement of rural land conflicts and the development of mechanisms to take social arrangements out of orality for more formalism and socio-ecological coviability. Socio-ecological coviability depends on the country's ability to bridge the gap between legal endogeneity and State law. And only negotiation in land tenure-environmental regulation makes it possible to move towards this pragmatic legal perspective through a socio-anthropological approach to negotiated law.
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Eloi Mere Korogone. La négociation dans la régulation foncière-environnementale au Bénin. Droit. Université de Limoges, 2020. Français. ⟨NNT : 2020LIMO0006⟩. ⟨tel-03098439⟩

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