Land Law and Disputes in Asia

Land Law and Disputes in Asia PDF

Author: Yuka Kaneko

Publisher: Routledge

Published: 2021-09-16

Total Pages: 299

ISBN-13: 1000435733

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Through an in-depth legal analysis by leading scholars, this book searches for the exact legal causes of land-related disputes in Asia within the histories, legal systems and social realities of the respective countries. It consists of four main parts: examining the relationship between law and development; land-taking in developmental stages; common ownership; and proposals for new approaches to land law and dispute resolution. With a combination of orthodox legal interpretations and the empirical approach of legal sociology, the contributors undertake an extensive comparative legal analysis across common and civil law traditions. Most importantly, they propose pathways forward for legal transformations in the pursuit of sustainable development in Asia. This book is vital contribution to the study of comparative law, and especially property law, in East and Southeast Asia.

Resolving Land Disputes in East Asia

Resolving Land Disputes in East Asia PDF

Author: Hualing Fu

Publisher: Cambridge University Press

Published: 2014-07-03

Total Pages: 465

ISBN-13: 1139993372

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Economic development and mass urbanization have unleashed unprecedented levels of land disputes in East Asia. In China and Vietnam especially, courts and other legal institutions struggle to find lasting solutions. It is against this background of legal failure that this book brings together leading scholars to understand how state agencies, land users and land developers imaginatively engage with each other to resolve disputes. Drawing on empirically rich case studies, contributors explore the limits of law and legal institutions in resolving land disputes and reveal insights into how key actors in East Asia understand land disputes. Their studies reveal promising dispute resolution practices and point to the likely ways that states will deal with land disputes in the future.

Resolving Land Disputes in East Asia

Resolving Land Disputes in East Asia PDF

Author: Hualing Fu

Publisher:

Published: 2014-08-26

Total Pages:

ISBN-13: 9781322066936

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Fresh comparative perspectives on land disputes in East Asia, with a focus on the transitional societies in China and Vietnam.

Land Law in Asian Countries

Land Law in Asian Countries PDF

Author: Oleg Igorevich Krassov

Publisher: XSPO

Published:

Total Pages: 377

ISBN-13: 5001562562

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The monograph covers the issues related to the evolution of land tenure systems, land reforms, the main features of formal land law that is in force in the various legal systems of the countries of South, East, and Southeast Asia, and customary land rights. The current state of land law in Asian countries: land rights, the provision and suspension of these rights, the relationship between formal law and customary land tenure systems, the problems of recognizing customary communal land rights are analyzed. For students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in issues of land, civil law and comparative jurisprudence.

Unresolved Border, Land and Maritime Disputes in Southeast Asia

Unresolved Border, Land and Maritime Disputes in Southeast Asia PDF

Author: Alfred Gerstl

Publisher: BRILL

Published: 2016-11-14

Total Pages: 339

ISBN-13: 9004312188

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Unresolved Border, Land and Maritime Disputes in Southeast Asia, edited by Alfred Gerstl and Mária Strašáková, sheds light on various unresolved and lingering territorial disputes in Southeast Asia and their reflection in current inter-state relations in the region. The authors, academics from Europe and East Asia, particularly address the territorial disputes in the South China Sea and those between Vietnam and Cambodia and Thailand and Cambodia. They apply International Relations theories in a wider regional and comparative perspective. The empirical analyses are embedded in a concise theoretical discussion of the principles of sovereignty, territorial integrity and borders. Furthermore, the book discusses the role of the Association of Southeast Asian Nations (ASEAN) and other multi-track mechanisms in border conflict mediation. Contributors are: Petra Andělová, Alica Kizeková, Filip Kraus, Josef Falko Loher, Padraig Lysaght, Jörg Thiele, Richard Turcsányi, Truong-Minh Vu and Zdeněk Kříž.

Land Grabs in Asia

Land Grabs in Asia PDF

Author: Connie Carter

Publisher: Routledge

Published: 2015-05-01

Total Pages: 213

ISBN-13: 1317446313

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Although there is no universally accepted definition of the term "land grabbing", ordinary people whose livelihoods are adversely affected by land grabbing know exactly what it is. It involves the physical capture and control of land and homes, including the usurpation of the power to decide how and when these will be used and for what purposes – with little or no prior consultation or compensation to the displaced communities. This thought-provoking book defines land grabbing, and examines aspects of the land grabs phenomenon in seven Asian countries, researched and written by country-specific legal scholars. The book provides unique perspectives on how and why land grabbing is practised in China, India, Pakistan, Cambodia, Malaysia, Myanmar and Indonesia, and explores the surprising role that law plays in facilitating and legitimizing land grabs in each country. In contrast to most of the literature which law focuses on foreign investors’ rights under international law, here the focus is on domestic laws and legal infrastructures. Finding that Asian States need to move beyond existing regimes that govern land to a regime that encourages more equitable land rights allocation and protection of stakeholders’ rights, the book urges further research in the nexus between the use of law to facilitate development. Land Grabs in Asia is the first book to explore land grabbing in multiple jurisdictions in Asia. As such, it will appeal to students and scholars of law and development, law and society, and international relations, as well as being essential reading for development policy-makers and government ministers.

Land Conflicts in Southeast Asia

Land Conflicts in Southeast Asia PDF

Author: Catherine J. Iorns Magallanes

Publisher:

Published: 2015

Total Pages: 0

ISBN-13:

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This material was originally published as three chapters in the book (now out of print) of the same name. The book examines a representative range of conflicts of land and resources in Southeast Asia, and standards and laws that the international community has devised which could be relevant to their resolution. It emphasises in particular relevant standards concerning human rights and environmental protection. This excerpt contains the Introduction, the chapter by Catherine Iorns on international law, and the book's Conclusion. The Introduction outlines the then current conflicts over land and resources in Southeast Asia, factors which lead to their internationalisation, the relevance of international laws, and the analytical framework that the various contributors in the book use in order to discuss the conflict case studies. The chapter on international law outlines the international legal framework in relation to ownership and use of land and resources within states. It discusses state sovereignty and limitations on it that are relevant to the matters raised in the book. It discusses the rights of indigenous peoples to land and resources, as conflict over these was a feature common to several of the case studies. It also discusses relevant aspects of international environmental law. The Conclusion utilises the analytical framework to make comments across the case studies about the levels at which disputes arise and the use of international dispute resolution mechanisms. It makes comments about the relevance and utility of international law for such disputes. And it makes suggestions for non-violent action at national and international levels for prevention and resolution of such domestic conflicts.

The Land and Maritime Boundary Disputes of Asia

The Land and Maritime Boundary Disputes of Asia PDF

Author: Rongxing Guo

Publisher:

Published: 2009

Total Pages: 0

ISBN-13: 9781607416296

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Land and maritime boundary disputes refer to disputes over the division of land or water bodies among two or more independent countries. The boundary disputes may evolve from historical and/or cultural claims, or they may be brought on by competition of resource exploitation. This book presents up-to-date information about the land and maritime boundary disputes of Asia. In each entry the causes of and consequences of the boundary dispute as well as the experiences and lessons of existing conflict-resolution efforts are briefly described. This book proves useful to researchers with a concern of boundary demarcation and of existing boundary disputes, as well as to policymakers seeking measures in order to minimise or reduce the risk of conflicts and wars stemming from territorial disputes.