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.
TABLE OF CONTENTS
part I|70 pages
Model conflict in land law and civil code drafting
chapter 2|11 pages
Registration of land-ownership in Cambodia
chapter 4|14 pages
Land Law reform and Civil Code drafting in Vietnam
part II|75 pages
Land taking for “development” and beyond
part III|70 pages
Securing commons in the old and new property regime
chapter 9|17 pages
Vacant properties in Japan
chapter 10|16 pages
Securing adat land rights in Indonesia
chapter 11|18 pages
History of Japanese common rights
part IV|80 pages
Land law toward alternative “development”