ABSTRACT

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.

part I|70 pages

Model conflict in land law and civil code drafting

chapter 1|29 pages

Origin of land disputes

Reviving colonial apparatus in land law reforms

chapter 2|11 pages

Registration of land-ownership in Cambodia

Protection of private rights in development

chapter 4|14 pages

Land Law reform and Civil Code drafting in Vietnam

How to balance the conflicting needs for land

part III|70 pages

Securing commons in the old and new property regime

chapter 9|17 pages

Vacant properties in Japan

A new challenge for the study of the commons and land laws in Asia

chapter 10|16 pages

Securing adat land rights in Indonesia

From constitutional justice to legislation making

chapter 11|18 pages

History of Japanese common rights

Iriai-ken – social, judicial and academic overview

part IV|80 pages

Land law toward alternative “development”

chapter 14|12 pages

Administrative court in Vietnam in solving land disputes

Legal and political boundary

chapter 15|30 pages

Land law and disputes in Myanmar

A historical struggle for redefining the property rights

chapter 16|23 pages

Asian land conflicts and the Great Transformation

Fallacy of the law and development long-term view