In the regulatory and legal communities, there is a concept of a "bundle of rights" which is the background predicate for much of our interactions within our societies.

We typically think of property rights as the unimpeded ownership or right of use of a property. But land tenure and holding patterns vary dramatically. In Iraq, most citizens live in a town or city, but have some form of ownership or use right in a plot of land outside the town.

During the 2008 Drought, for example, many areas of Northern Iraq were intensively plowed, but not planted. Satellite images indicated a lot of "cultivation" which led the Ag Folks in DC to erroneously believe that bumper crops would be forthcoming. What was actually going on was a very old land tenure system where folks had a use right in land provided that they actively "used" the land. So many of these folks went out to till the land to demonstrate use under their tenure agreements, but had no rational reason to plant seeds in a drought. Many of you in Iraq last year sucked the dust from the record dust storms which were, in part, the result of the tilling needed to preserve their continuing "property right" interest in the land.

Usually, too, we assume rights---quiet enjoyment; police won't kick down your door without a Court writ and show of cause; a permit issuer at the County will not demand a bribe as acondition of issuing a permit; the government will place taxes, once collected, in dedicated tax accounts for uses related to the purpose of the tax; that a mortgage or deed transfer cannot be recorded against a property you own without your consent.

None of this has anything to do with police, but everything to do with a reasonably functional society and economy. The USG focus on Rule of Law often overlooks the most important non-police elements which create resistance to reconstruction, post-conflict stabilization.

I read today that Iraq has finally passed an Investment Law which gives rights to foreign investors to defend claims, interests, ownership rights in things they may invest in in Iraq.

Bear in mind, however, that even with that law, there remain claims outstanding from decades of past practices in Iraq. Sadaam's government forcing Turkmen to sell land for a pittance which was later given to military officers, etc... Even the Jews that were forced out of Baghdad in the 1950s still have potential claims wandering out in cyberspace about real properties and businesses in Iraq.

Very complicated indeed. Especially in the places at issue.

Steve