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Author: Naoyuki Yoshino
Publisher: Springer
ISBN: 9811364559
Category : Business & Economics
Languages : en
Pages : 184
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Book Description
This book explores the existing and diverse institutional bottlenecks of land acquisition, ranging from legal and social to political and even environmental within the Asian context. It identifies the short- and long-term risks associated with land sale through regional case studies and aims to propose a more sustainable policy framework. One such policy framework proposed is that of Land Trust for mitigating some of these risks. For instance, recent studies argue that land trust or land lease is one of the best ways to increase the rate of return to invite private investors into infrastructure investment and industrialization. A rare snapshot of a continent in the process of rapid development, this book offers an invaluable resource for scholars, activists and politicians alike.
Author: Naoyuki Yoshino
Publisher: Springer
ISBN: 9811364559
Category : Business & Economics
Languages : en
Pages : 184
Get Book
Book Description
This book explores the existing and diverse institutional bottlenecks of land acquisition, ranging from legal and social to political and even environmental within the Asian context. It identifies the short- and long-term risks associated with land sale through regional case studies and aims to propose a more sustainable policy framework. One such policy framework proposed is that of Land Trust for mitigating some of these risks. For instance, recent studies argue that land trust or land lease is one of the best ways to increase the rate of return to invite private investors into infrastructure investment and industrialization. A rare snapshot of a continent in the process of rapid development, this book offers an invaluable resource for scholars, activists and politicians alike.
Author: Christophe Gironde
Publisher: BRILL
ISBN: 9004304754
Category : Law
Languages : en
Pages : 320
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Book Description
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: Tsuyoshi Kotaka
Publisher: University of Hawaii Press
ISBN: 9780824825195
Category : Law
Languages : en
Pages : 406
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Book Description
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.
Author: Tsuyoshi Kotaka
Publisher: University of Hawaii Press
ISBN: 0824846362
Category : Law
Languages : en
Pages : 392
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Book Description
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.
Author: Connie Carter
Publisher: Routledge
ISBN: 1317446313
Category : Law
Languages : en
Pages : 213
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Book Description
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: Mohammad Zaman (PhD)
Publisher:
ISBN: 9780367748364
Category : Asians
Languages : en
Pages :
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Book Description
"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 for use as a resource for resettlement management training programs and graduate level courses/seminars in development studies"--
Author: Piyush Tiwari
Publisher: Asian Development Bank
ISBN: 9784899742098
Category : Business & Economics
Languages : en
Pages : 570
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Book Description
Developing Asia's demand for high-quality, integrated infrastructure requires a steady but equitable supply of land. However, obtaining rights over land can be complicated by hurdles imposed by geography, settlement patterns, conflicting cultures, sociopolitical factors, and land use problems unique to each country. This timely volume identifies policies that can balance the rights and interests of first nations' peoples, informal settlers, and rural landowners against the development imperatives of land procurement for the greater public good. It provides instructive case studies of the state of Asian land registration, eminent domain, and redevelopment in situations of vulnerable communities. The collected chapters also propose and assess some promising models that might be customized to local conditions, such as long-term land leasing with options to buy. This is a companion volume to ADBI Press' pioneering series of titles (all available through Brookings Press)--Infrastructure for a Seamless Asia; Financing Infrastructure in Asia and the Pacific: Capturing Impacts and New Sources; and Principles of Infrastructure: Case Studies and Best Practices. This volume will be of interest to policymakers, practitioners, academics, and students.
Author: Yuka Kaneko
Publisher: Routledge
ISBN: 1000435733
Category : Political Science
Languages : en
Pages : 299
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Book Description
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: G. Newton
Publisher:
ISBN: 9780409347647
Category :
Languages : en
Pages :
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Book Description
Land Acquisition, 7th edition is an examination of the principles of the law governing the compulsory acquisition or resumption of land in Australia. It summarises the principal legislative provisions and the case law that has emerged over 150 years. Reference is made to nine federal, state and territory states and to approximately 450 reported cases.
Author: Michael Levien
Publisher: Oxford University Press
ISBN: 0190859156
Category : Business & Economics
Languages : en
Pages : 337
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Book Description
In Dispossession without Development, Michael Levien seeks to uncover the structural underpinnings of India's so-called "land wars." He examines how land dispossession changed with India's shift from state-led development to neoliberalism and the consequences of these changes for dispossessed farmers in contemporary India.
