This thought-provoking book defines land grabbing, and examines aspects of the land grabs phenomenon in seven Asian countries. It 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. 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…mehr
This thought-provoking book defines land grabbing, and examines aspects of the land grabs phenomenon in seven Asian countries. It 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. 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. This book was facilitated by grant No. R-241-000-116-112 (Ministry of Education, Singapore, and NUS Academic Research Fund).
Connie Carter is Professor of Law & International Business in the Faculty of Management at Royal Roads University, Victoria, Canada. She is also a Barrister of Lincoln's Inn, currently non-practising. Her research focuses on law and development, foreign direct investment and corporate social responsibility in China and South East Asia. Andrew Harding is a Professor in the Faculty of Law, National University of Singapore, where he is also Director of the Centre for Asia Legal Studies and Director of the Asia Law Institute. He is a leading scholar in the fields of Asian legal studies and comparative constitutional law, on which has published widely.
Inhaltsangabe
1. Consent not coercion: Rethinking the taking of land for 'development' 2. International law response to land grabbing in Asia 3. How land grabs are made 'constitutional' in China 4. Il-legality with Chinese characteristics: How administrative litigation addresses land grabs in China 5. The legal design of land grabs: Possession and the State in post-conflict Cambodia 6. Indonesia's Land Acquisition Law: towards effective prevention of land grabbing? 7. Winners and losers: Land grabbing for foreign investment in the new Myanmar 8. Peninsular Malaysia's 'customary lands': How does legal paternalism facilitate land grabs? 9. Land grabs in Sabah, Malaysia: Customary rights as legal entitlement for indigenous peoples: Real or illusory? 10. Perspectives on land grabbing in Vietnam 11. Transnational State responsibility for human rights violation resulting from global land grabs
1. Consent not coercion: Rethinking the taking of land for 'development' 2. International law response to land grabbing in Asia 3. How land grabs are made 'constitutional' in China 4. Il-legality with Chinese characteristics: How administrative litigation addresses land grabs in China 5. The legal design of land grabs: Possession and the State in post-conflict Cambodia 6. Indonesia's Land Acquisition Law: towards effective prevention of land grabbing? 7. Winners and losers: Land grabbing for foreign investment in the new Myanmar 8. Peninsular Malaysia's 'customary lands': How does legal paternalism facilitate land grabs? 9. Land grabs in Sabah, Malaysia: Customary rights as legal entitlement for indigenous peoples: Real or illusory? 10. Perspectives on land grabbing in Vietnam 11. Transnational State responsibility for human rights violation resulting from global land grabs
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