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Author : Hualing Fu,John Gillespie
Publisher : Cambridge University Press
Page : 465 pages
File Size : 54,9 Mb
Release : 2014-07-03
Category : Business & Economics
ISBN : 9781107066823
Fresh comparative perspectives on land disputes in East Asia, with a focus on the transitional societies in China and Vietnam.
Author : Hualing Fu,Professor John Gillespie
Publisher : Unknown
Page : 128 pages
File Size : 51,8 Mb
Release : 2014-08-26
Category : Electronic
ISBN : 1322066930
Fresh comparative perspectives on land disputes in East Asia, with a focus on the transitional societies in China and Vietnam.
Author : Alfred Gerstl,Mária Strašáková
Publisher : BRILL
Page : 339 pages
File Size : 40,6 Mb
Release : 2016-11-14
Category : Political Science
ISBN : 9789004312180
In Unresolved Border, Land and Maritime Disputes in Southeast Asia the authors shed light on unresolved and lingering territorial disputes in Southeast Asia and their reflection in current inter-state relations in the region, applying a wider regional and comparative perspective.
Author : Yuka Kaneko,Narufumi Kadomatsu,Brian Z. Tamanaha
Publisher : Routledge
Page : 299 pages
File Size : 49,6 Mb
Release : 2021-09-16
Category : Political Science
ISBN : 9781000435733
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.
Author : Ms Sana Hashmi
Publisher : KW Publishers Pvt Ltd
Page : 245 pages
File Size : 40,5 Mb
Release : 2016-06-15
Category : Political Science
ISBN : 9789386147820
China’s territorial disputes have been a matter of debate since the 1950s. While China has amicably resolved boundary disputes with 12 out of 14 neighbouring countries, it is yet to resolve its boundary disputes with India and Bhutan as also its two martime disputes in the South China Sea and East China Sea. Given that the prediction for the settlement of China’s remaining disputes is largely doubtful, this book investigates the reasons for differences in Chinese behaviour with India. China’s boundary dispute with India is a subject of deliberation and it remains to be seen whether China plans to devise its ‘boundary diplomacy’ with a country as huge and strong as India.
Author : Ramses Amer
Publisher : Routledge
Page : 224 pages
File Size : 43,5 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317162155
Through a multi-disciplinary approach, this volume studies the management and settlement of conflict and disputes in East Asia. Conflict and disputes exist everywhere in human society. The management and settlement of them has become an imperative. This volume is a significant contribution to a broader understanding of the complexities involved in managing and settling disputes and conflicts at regional, inter-state and intra-state levels in the East Asian region. Drawing on expertise in Peace and Conflict, International Relations, and International Law the volume presents to the reader a general picture of how conflict can be managed at the international and regional levels through various mechanisms, in particular, through prominent regional organizations such as ASEAN. It then moves on to case studies at the regional level including inter-state and intra-state conflicts and disputes. The last part of the volume highlights how states resolve their maritime disputes. This has drawn much attention from the international community due to various factors such as the increasing demand for natural resources from the oceans. These disputes disrupt the smooth development of international relations as well as trigger tensions and confrontation between states.
Author : Shahla F. Ali
Publisher : Routledge
Page : 168 pages
File Size : 48,8 Mb
Release : 2010-10-18
Category : Law
ISBN : 9781136894350
How diverse cultures approach conflict in the context of the integration of global markets is a new arena for research and practice. To date, most of the research on international arbitration has focused exclusively on Western models of arbitration as practiced in Europe and North America. While such studies have accurately reflected the geographic foci of international arbitration practice in the late twentieth century, the number of international arbitrations conducted in East Asia has recently been growing steadily and on par with growth in Western regions. Resolving Disputes in the Asia-Pacific Region presents empirical research about the attitudes and perceptions of over 115 arbitrators, judges, lawyers and members of the rapidly expanding arbitration community in China, Hong Kong, Korea, Japan, Singapore, and Malaysia as well as North America and Europe. The book covers both international commercial arbitration and "alternative" techniques such as mediation, providing an empirical analysis of how both types of dispute resolution are conducted in the East Asian context. The book examines the history and cultural context surrounding preferred methods of dispute resolution in the East Asian region and sheds light on the various approaches to international arbitration across these diverse regions. This book will be of great interest to students and scholars of international arbitration and dispute resolution, comparative and Asian law, as well as anyone dealing with potential conflict in international business relationships in East Asia.
Author : Catherine J. Iorns Magallanes,Malcolm Hollick
Publisher : Unknown
Page : 0 pages
File Size : 46,7 Mb
Release : 2015
Category : Electronic
ISBN : OCLC:1376279976
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.
Author : Catherine J. Iorns Magallanes,Malcolm Hollick
Publisher : Unknown
Page : 412 pages
File Size : 43,6 Mb
Release : 1998
Category : Economic development
ISBN : UCSD:31822027794171
Author : Christophe Gironde,Christophe Golay,Peter Messerli
Publisher : BRILL
Page : 320 pages
File Size : 50,5 Mb
Release : 2015-09-29
Category : Law
ISBN : 9789004304758
Large-scale land acquisitions, or ‘land grabbing’, has become a key research topic among scholars interested in agrarian change, development, and the environment. The term ‘land acquisitions’ refers to a highly contested process in terms of governance and impacts on livelihoods and human rights. This book focuses on South-East Asia. A series of thematic and in-depth case studies put ‘land grabbing’ into specific historical and institutional contexts. The volume also offers a human rights analysis of the phenomenon, examining the potential and limits of human rights mechanisms aimed at preventing and mitigating land grabs' negative consequences. Contributors include: Maria Lisa Alano, Ioana Cismas, Olivier De Schutter, Michael Dwyer, Christophe Gironde, Christophe Golay, Andreas Heinimann, Martin Keulertz, Marcel Mazoyer, Peter Messerli, Hafiz Mirza, Vong Nanhthavong, Gerben Nooteboom, Patricia Paramita, Amaury Peeters, Emily Polack, Laurence Roudart, Oliver Schoenweger, Gilda Senties, Sokbunthoeun So, Mohamad Shohibuddin, William Speller, Eckart Woertz, and James Zhan.
Author : John F. McCarthy,Kathryn Robinson
Publisher : ISEAS-Yusof Ishak Institute
Page : 404 pages
File Size : 41,6 Mb
Release : 2016-05-18
Category : Social Science
ISBN : 9789814762083
Indonesia was founded on the ideal of the “Sovereignty of the People”, which suggests the pre-eminence of people’s rights to access, use and control land to support their livelihoods. Yet, many questions remain unresolved. How can the state ensure access to land for agriculture and housing while also supporting land acquisition for investment in industry and infrastructure? What is to be done about indigenous rights? Do registration and titling provide solutions? Is the land reform agenda — legislated but never implemented — still relevant? How should the land questions affecting Indonesia’s disappearing forests be resolved? The contributors to this volume assess progress on these issues through case studies from across the archipelago: from large-scale land acquisitions in Papua, to asset ownership in the villages of Sulawesi and Java, to tenure conflicts associated with the oil palm and mining booms in Kalimantan, Sulawesi and Sumatra. What are the prospects for the “people’s sovereignty” in regard to land?
Author : Derek Hall,Philip Hirsch,Tania Li
Publisher : Challenges of the Agrarian Tra
Page : 272 pages
File Size : 43,6 Mb
Release : 2011-08-31
Category : Business & Economics
ISBN : UCSD:31822038186128
Questions of who can access land and who is excluded from it underlie many recent social and political conflicts in Southeast Asia. Powers of Exclusion examines the key processes through which shifts in land relations are taking place, notably state land allocation and provision of property rights, the dramatic expansion of areas zoned for conservation, booms in the production of export-oriented crops, the conversion of farmland to post-agrarian uses, “intimate” exclusions involving kin and co-villagers, and mobilizations around land framed in terms of identity and belonging. In case studies drawn from seven countries, the authors find that four “powers of exclusion”—regulation, the market, force and legitimation—have combined to shape land relations in new and often surprising ways. Land debates are often presented as a conflict between market-oriented land use with full private property rights on the one side, and equitable access, production for subsistence, and respect for custom on the other. The authors step back from these debates to point out that any productive use of land requires the exclusion of some potential users, and that most projects for transforming land relations are thus accompanied by painful dilemmas. Rather than counterposing “exclusion” to “inclusion,” the book argues that attention must be paid to who is excluded, how, why, and with what consequences. Powers of Exclusion is a path-breaking book that draws on insights from multiple disciplines to map out the new contours of struggles for land in Southeast Asia. The volume provides a framework for analyzing the dilemmas of land relations across the Global South and beyond.
Author : Fred E. Jandt,Paul B. Pedersen
Publisher : SAGE Publications
Page : 311 pages
File Size : 40,8 Mb
Release : 1996-03-26
Category : Language Arts & Disciplines
ISBN : 9781452248134
Styles of conflict management vary across cultures. This unique volume uses cases drawn from the Asian and Pacific Island area to illustrate culture's role in conflict mediation. The contributors focus in particular on how conflict within and between cultures can be successfully mediated on the micro-level (businesses and individuals) and how this success can be applied on the macro-level (government and organizations). The cases examined in Constructive Conflict Management cover a variety of conflict types including: regional//cultural; nuclear and extended family; environmental; and neighbourhood disputes. The book reveals that, rather than a barrier, culture can prove to be a positive resource for the mediation of
Author : Seokwoo Lee,Hee Eun Lee
Publisher : Martinus Nijhoff Publishers
Page : 267 pages
File Size : 43,5 Mb
Release : 2011-01-11
Category : History
ISBN : 9789004193383
Utilizing perspectives from international law, international relations, and history, this volume provides a balanced perspective on territorial disputes in Northeast Asia highlighting the issue of Dokdo which is disputed between Korea and Japan.
Author : M. Weissmann
Publisher : Springer
Page : 301 pages
File Size : 48,6 Mb
Release : 2012-06-12
Category : Political Science
ISBN : 9781137264732
Using a case study based approach, Weissmann analyses the post-Cold War East Asian security setting to demonstrate why there is a paradoxical inter-state peace. He points out processes that have been important for the creation of a continuing relative peace in East Asia, as well as conflict prevention and peacebuilding mechanisms.
