Implications from Asian Countries: Plunder of Sustainable Development in Land Law Reforms

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  • アジアの問題状況――土地法改革にみる持続的開発論の略奪
  • アジア ノ モンダイ ジョウキョウ トチホウ カイカク ニ ミル ジゾクテキ カイハツロン ノ リャクダツ

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Abstract

This article purports to find hints for the institution building toward the sustainability from the recent efforts made by Asian countries in an attempt to get rid of lawful land deprivation by the “land law reform” agenda led by international donors. Similarly to the colonial land regime introduced in the 19th century, the present time “land law reform” promotes the Torrens-style land registration for ownership titling, which guarantees the cost-efficient investment climate, while resulting in numerous land disputes involving ordinary people against the governmental taking of their long-term land use and basis of communal livelihood. In response to growing civic criticisms, new attempts have recently been made to improve the moments for participation in the governmental planning and public projects, to increase procedural guarantee for objection and compensation to recognize the community as a collective entity exercising civil and public rights, and to materialize the access to judicial review These efforts may bring about changes particularly when more theoretical strength is obtained through the involvement of Japanese scholarly works in search for advanced frameworks for collective rights and procedures beyond the limit of individualism.

Journal

  • The Sociology of Law

    The Sociology of Law 2015 (81), 27-39, 2015

    The Japanese Association of Sociology of Law

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