Introduction

Large-scale land investments present risks both to investors and to those with tenure rights and other related interests in the land. Lawyers advising on such transactions have a clear professional responsibility to address these risks with their clients and to ensure that international standards, including international human rights protections, are respected. This may not always be straightforward, in part because land which may appear to be ‘empty’ or idle is in fact often subject to tenure rights, whether or not these are formally protected under national law. The land may also play a vital role in providing food security for local communities in ways that are complex and require close analysis, including legal analysis by reference to relevant human rights law. These complexities should be addressed at the start of the investment process. A failure to address them can result in serious reputational, operational and ultimately financial risks for the investment company and a significant cost to the communities affected by a change in land use. Those providing legal advice in this context can, and should, play a critical role in alerting clients to these risks and addressing them through the international frameworks for business, human rights and tenure, together with relevant national laws.

Sustainable Development Goals:

Sustainable Cities and Communities