Find guidance on a wide range of topics to better protect land rights in the context of investments

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Resources for Contracts

IBA Community Toolkit: Negotiation and Implementation of impact and benefit agreements

Tools and Guides
 

This toolkit provides guidance on the making of fair arrangements that guarantee local benefits to community negotiators and consultants who work with Indigenous communities in Canada. This involves negotiation techniques and strategies. It focuses primarily on the mining sector, but it will be useful in the context of other sectors and contexts too.

This resource is part of the CCSI’s Directory of Community Guidance on Agreements Relating to Agriculture or Forestry Investment.

Legal Guide on Agricultural Land Investment Contracts

Tools and Guides
 

Investment in agriculture is essential for sustainable development, in particular for achieving food security, adequate nutrition, decent employment, poverty reduction and environmental protection. In seeking to attract agricultural investment, many governments and local communities have entered into Agricultural Land Investment Contracts (ALIC). Mindful of the contractual challenges involved and considering the importance of enhancing knowledge of the legal regime applicable to agricultural land investment operations, the International Institute for the Unification of Private Law (UNIDROIT) in collaboration with the International Fund for Agricultural Development (IFAD) have prepared this UNIDROIT/IFAD Legal Guide on Agricultural Land Investment Contracts (ALIC Legal Guide).

Legal Guide on Contract Farming

Tools and Guides
 

This guide provides guidance for producers, governments, legal advisors and civil society on contract farming arrangements, from negotiation to conclusion, including performance and possible breach or termination of the contract. It gives a description of common contract terms and a discussion of legal issues and critical problems that may arise under various practical situations, illustrating how they may be treated under different legal systems.

Natural Resource Contracts: A Practical Guide

Tools and Guides
 

This guide aims to explain common topics that are addressed in natural resource contracts and to provide suggestions for improving contracts that are vague or unfavorable to host countries and to the protection of land rights. It covers a number of topics relevant to contracts:

● Environmental and social issues

● Fiscal provisions

● Transparency

● Dispute resolution

This resource is part of the CCSI’s Directory of Community Guidance on Agreements Relating to Agriculture or Forestry Investment.

Negotiating Contracts with Investors - Guide 2 For community members and advocates interacting with potential investors

Tools and Guides
 

This guide for legal advisors, community leaders and members builds on Guide 1 in this series. If a community decides to negotiate with a potential investor, this guide describes issues that can be included in a community–investor contract. It also explains what language should be avoided in the contract. It is designed to help communities negotiate a contract with an investor that is clear, fair, and equitable.

Preparing in Advance for Potential Investors - Guide 1 For community members and advocates interacting with potential investors

Tools and Guides
 

This guide for legal advisors, community leaders and members explains how communities can prepare for interactions with potential investors, including making decisions about whether or not to negotiate. It can be used to help a community: (a) prepare before an investor arrives and (b) decide whether or not to enter into discussions or negotiations with an investor that has arrived. It should be used before any negotiations start.

Principles for Responsible Contracts - Integrating the Management of Human Rights Risks into State-Investor Contract Negotiations - Guidance for Negotiators

Tools and Guides
 

These principles provide guidance on ways to align business objectives with the safeguard of human rights. The principles aim to integrate the management of human rights risks into contract negotiations on investment projects between host State entities and foreign business investors, building on the UN’s Guiding Principles on Business and Human Rights.

Why agreements matter

Tools and Guides
 

The guide has been produced to help practitioners, project and operational managers understand the drivers, implications and capabilities needed to make and implement agreements.