Full Description
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.
Contents
Part I: Model Conflict in Land Law and Civil Code Drafting 1. "Origin of Land Disputes: Reviving Colonial Apparatus in Land Law Reforms" 2. "Land Ownership in Cambodia: Inter-Donor Debates for the Protection of Private Rights in Development" 3. "Lao Civil Code and Land Law Debates" 4. "Land Law Reform and Civil Code Drafting in Vietnam: How to Balance the Conflicting Needs for Land" Part II: Land Taking for "Development" and Beyond 5. "Takings for Private Use/Private Interest and Livelihood Compensation in Japan" 6. "What enables a private party to expropriate an individual from an estate in Korea?" 7. "Public-Interest Requirements of Zone Expropriation in Taiwan" 8. "Land Expropriation and Compensation in China" Part III: Securing Commons in the Old and New Property Regime 9. "Vacant Properties in Japan: A New Challenge for the Study of the Commons and Land Laws in Asia" 10. "Land Disputes in Indonesia: Consistency of Supreme Court and Constitutional Court Judgments" 11. "Right of Commons under Japan's Civil Code" 12. "The Concept of Juridical Personality and the Autonomy of Villagers' Committees in China "Part IV: Land Law toward Alternative "Development" 13. "Land Law Reforms in Asian Emerging Economies: Toward Balanced Development" 14. "The Role of Administrative Courts in Vietnam in Solving Land Disputes: Legal and Political Boundaries" 15. "Land Law and Disputes in Myanmar: A Historical Struggle for Redefining the Property Rights" 16. "Asian Land Conflicts and the Great Transformation: Fallacy of the Law and Development Long-Term View".
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