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.
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viii | |
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xi | |
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xii | |
| Introduction |
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xiii | |
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PART I Model conflict in land law and civil code drafting |
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1 | (70) |
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1 Origin of land disputes: reviving colonial apparatus in land law reforms |
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3 | (29) |
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2 Registration of land-ownership in Cambodia: protectionof private rights in development |
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32 | (11) |
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3 Civil Code and Land Law debate in Laos |
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43 | (14) |
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4 Land Law reform and Civil Code drafting in Vietnam: how to balance the conflicting needs for land |
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57 | (14) |
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PART II Land taking for "development" and beyond |
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71 | (76) |
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5 Takings for private use/private interest and livelihood compensation in Japan |
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73 | (24) |
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6 What enables a private party to expropriate an individual from an estate in Korea? |
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97 | (18) |
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7 Public-interest requirements of zone expropriation in Taiwan |
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115 | (13) |
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8 Land expropriation and compensation in China |
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128 | (19) |
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PART III Securing commons in the old and new property regime |
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147 | (70) |
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9 Vacant properties in Japan: a new challenge for the study of the commons and land laws in Asia |
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149 | (17) |
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10 Securing adapt land rights in Indonesia: from constitutional justice to legislation making |
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166 | (16) |
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11 History of Japanese common rights: Iriai-ken -- social, judicial and academic overview |
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182 | (18) |
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12 The concept of juridical personality and the autonomy of villagers' committees in China |
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200 | (17) |
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PART IV Land law toward alternative "development" |
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217 | (80) |
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13 State-centered land regimes and the struggle for customary land in East Asia |
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219 | (13) |
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14 Administrative court in Vietnam in solving land disputes: legal and political boundary |
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232 | (12) |
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15 Land law and disputes in Myanmar: a historical struggle for redefining the property rights |
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244 | (30) |
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16 Asian land conflicts and the Great Transformation: fallacy of the law and development long-term view |
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274 | (23) |
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| Index |
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297 | |
Kaneko, Yuka, LL.D., Professor, Kobe University Center for Social Systems Innovation. She is active in the field of Asian comparative law as well as in the sociology of law. She is the author of several books, including Asian Crisis and Financial Law Reforms, Shinzan-Sya in 2004; Law Reforms and Legal Development in Asia, Daigakukyoiku-Shuppan in 2010; Asian Law in Disasters: Toward a Human-Centered Recovery, Routledge in 2016; Law and Development of Myanmar, Koyo-Syobo in 2018; and Civil Law Reforms in Post-Colonial Asia: Beyond Western Capitalism, Springer in 2019.
Kadomatsu, Narufumi, LL.M., Dean and Professor at Graduate School of Law, Kobe University. He studies legal issues of administrative law and urban land law. He has published many articles in academic journals in Japanese, English and German. He is an editor or a contributor of several books, including Kadomatsu et al., Legal Response to Vacant Houses: An International Comparison, Springer 2020. He is also a member of the board of directors of the East Asia Administrative Law Association.
Tamanaha, Brian Z., John S. Lehmann University Professor, Washington University School of Law, St. Louis, U.S.A. He is a renowned jurisprudence and law and society scholar, and the author of nine books, including his latest book titled A Realistic Theory of Law (2017), which received the 2019 IVR Book Prize from the International Association of the Philosophy of Law and Social Philosophy for best legal philosophy book published in 20162018, as well as an Honorable Mention for the 2018 Prose Awards in Law by the Association of University Presses. His book, On the Rule of Law (2004), has been translated into nine languages.
