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: Model Conflict in Land Law and Civil Code Drafting 1. "Origin of Land Disputes: Reviving Colonial Apparatus in Land Law Reforms" KANEKO Yuka 2. "Land Ownership in Cambodia: Inter-Donor Debates for the Protection of Private Rights in Development" SAKANO Issei 3. "Lao Civil Code and Land Law Debates" OKAWA Kenzo 4. "Land Law Reform and Civil Code Drafting in Vietnam: How to Balance the Conflicting Needs for Land" NGUYEN Hong Hai Part II: Land Taking for "Development" and Beyond 5. "Takings for Private Use/Private Interest and Livelihood Compensation in Japan" KADOMATSU Narufumi 6. "What enables a private party to expropriate an individual from an estate in Korea?" YOO Jin-Sik＆SE NooRi 7. "Public-Interest Requirements of Zone Expropriation in Taiwan" LEE Ming-Chih 8. "Land Expropriation and Compensation in China" JIAO Shu &YANG Yashu 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" TAKAMURA Gakuto 10. "Land Disputes in Indonesia: Consistency of Supreme Court and Constitutional Court Judgments" RUDY Lukman 11. "Right of Commons under Japan’s Civil Code" MUROI Sachihiko 12. "The Concept of Juridical Personality and the Autonomy of Villagers’ Committees in China" MATSUMOTO Mikiko Part IV: Land Law toward Alternative "Development" 13. "Land Law Reforms in Asian Emerging Economies: Toward Balanced Development" GILLESPIE John 14. "The Role of Administrative Courts in Vietnam in Solving Land Disputes: Legal and Political Boundaries" PHAM Duy Nghia 15. "Land Law and Disputes in Myanmar: A Historical Struggle for Redefining the Property Rights" KANEKO Yuka & Ye Naing Lin 16. "Asian Land Conflicts and the Great Transformation: Fallacy of the Law and Development Long-Term View" TAMANAHA Brian