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Land Law in Asian Countries by Oleg Igorevich Krassov Pdf
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.
Land Law and Disputes in Asia by Yuka Kaneko,Narufumi Kadomatsu,Brian Z. Tamanaha Pdf
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.
Land Grabs in Asia by Connie Carter,Andrew Harding Pdf
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.
Author : Tsuyoshi Kotaka,David L. Callies Publisher : University of Hawaii Press Page : 406 pages File Size : 50,7 Mb Release : 2002-01-31 Category : Law ISBN : 0824825195
Taking Land by Tsuyoshi Kotaka,David L. Callies Pdf
The Asia-Pacific region with its rapid urbanization has generated an immediate need for both land use control and compulsory purchase by national and local governments. This book takes a comparative look at land use laws in ten Asia-Pacific countries (Australia, China, Hong Kong, Japan, Korea, Malaysia, New Zealand, Singapore, Taiwan, Thailand) as well as in the United States. A land use scholar from each country describes and analyzes compulsory land acquisition and the means through which property owners can seek compensation when government regulations or policies become so burdensome that they approach the effect of compulsory purchase. The book's major themes are land use control and eminent domain (compulsory purchase). Contributors examine land use control by focusing on land ownership, statutory framework, land use plans and planning, zoning, building regulations, courts and common law, and regulatory taking among the eleven countries. Sections on eminent domain cover the right of government to take or reclaim private property. General topics discussed include the source of authority (often a country's constitution), the public purpose and the extent of power, compensation, due process, the importance of plans, the effect of a "colonial" legal system, and the accommodation of indigenous peoples' land rights. With the publication of this volume, legal scholars and practicing land use lawyers will be able to analyze and compare for the first time the individual legal approaches of developed and developing countries in the Asia-Pacific region. Contributors: David L. Callies, Li-Fu Chen, Anton Cooray, Glenys Godlovitch, Tsuyoshi Kotaka, Murray J. Raff, William J. M. Ricquier, Eathipol Srisawaluck, Won Woo Suh, Grace Xavier, Zhen Xian Bin.
Resettlement in Asian Countries by Mohammad Zaman,Reshmy Nair,Shi Guoqing Pdf
This book examines land acquisition and resettlement experience in Asian countries, where nearly two-thirds of the world’s development-induced displacement currently takes place. Faced with the complexity of balancing legal frameworks and resettlement needs, along with increasing demands for safeguarding displaced peoples, in recent years many countries within Asia have adopted integrated land and resettlement laws. This book presents a comparative review and assessment of the impact of the new land and resettlement laws and regulatory frameworks for expropriation, compensation and resettlement. Written by an international, interdisciplinary team of experts from both practice and academia, the book demonstrates the ongoing challenges and struggles associated with social and resettlement risk assessments, the social and cultural exclusion of indigenous/vulnerable groups in some countries, and the lack of institutional capacity to adequately deal with resettlement management and administration. The case studies and comparative analyses of laws and practices relating to expropriation, compensation and resettlement make significant contributions to advancing resettlement knowledge and management practices. The book will be useful as a reference for development practitioners and for researchers across the fields of global development, political science, Asian studies, planning and law. The book also has potential use as a resource for resettlement management training programs and graduatelevel courses/seminars in development studies.
Colonial Administration and Land Reform in East Asia by Sui-Wai Cheung Pdf
The legal recognition of private land ownership -- Conclusion -- Notes -- PART V: Land reform in China to the 1930s -- 12. Too little, too late: China catching up on land registration in the 1930s -- Compiling the cadastral record -- Ownership under the Land Law -- Conclusion -- Notes -- Glossary of Chinese characters -- Index.
Comparative Constitutional Law in Asia by Rosalind Dixon,Tim Ginsburg Pdf
Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i
Routledge Handbook of Asian Law by Christoph Antons Pdf
The Routledge Handbook of Asian Law is a cutting-edge and comprehensive resource which surveys the interdisciplinary field of Asian Law. Written by an international team of experts, the chapters within cover issues as diverse as family law and Islamic courts, decentralisation and the revival of traditional forms of law, discourses on the rule of law, human rights, corporate governance and environmental protection The volume is divided into five parts covering: Asia in Law, and the Humanities and Social Sciences; The Political Economy of Law in Asia - Law in the Context of Asian Development; Asian traditions and their transformations; Law, the environment, and access to land and natural resources; People in Asia and their rights. Offering an overview of the full spectrum of Law in Asia, the Handbook is an invaluable resource for academics, researchers, lawyers, graduate and undergraduate students studying this ever-evolving field.
