"Economic development and mass urbanization have unleashed unprecedented levels of land disputes in East Asia. In China and Vietnam especially, courts and other legal institutions struggle to find lasting solutions. It is against this background of legalfailure that this book brings together leading scholars to understand how state agencies, land users and land developers imaginatively engage with each other to resolve disputes. Drawing on empirically rich case studies, contributors explore the limits of law and legal institutions in resolving land disputes and reveal insights into how key actors in East Asia understand land disputes. Their studies reveal promising dispute resolution practices and point to the likely ways that states will deal with landdisputes in the future"--
"Land disputes are increasing in East Asia as economic and demographic growth intensifies the demand for farmland and urban spaces. Nowhere is this more evident than in China and Vietnam. Reforms that brought Socialist Asia into the globalized economy and returned private"--
Papildus informācija
Fresh comparative perspectives on land disputes in East Asia, with a focus on the transitional societies in China and Vietnam.
|
|
|
viii | |
|
|
|
ix | |
|
|
|
x | |
| Preface |
|
xv | |
|
PART I Theorizing land disputes in socialist Asia |
|
|
1 | (56) |
|
1 Resolving land disputes in East Asia: Exploring the limits of the law |
|
|
3 | (34) |
|
|
|
|
|
2 Property rights, commodification, and land disputes in contemporary socialist Asia |
|
|
37 | (20) |
|
|
|
PART II China case studies |
|
|
57 | (216) |
|
3 Legal and institutional analysis of land expropriation in China |
|
|
59 | (27) |
|
|
|
4 The judicial role in land-taking cases |
|
|
86 | (29) |
|
|
|
5 Contending conceptions of ownership in urbanizing China |
|
|
115 | (58) |
|
|
|
6 What does Wukan offer? Land-taking, law, and dispute resolution |
|
|
173 | (21) |
|
|
|
7 Protest-supported housing demolition litigation and social change in China |
|
|
194 | (28) |
|
|
|
8 Courts and political stability: Mediating rural land disputes |
|
|
222 | (26) |
|
|
|
|
|
9 Power and rule by law in rural China: State-initiated mediation in land disputes |
|
|
248 | (25) |
|
|
|
|
|
PART III Vietnam case studies |
|
|
273 | (42) |
|
10 An historical overview of Vietnamese land law and dispute resolution |
|
|
275 | (16) |
|
|
|
|
|
11 Narrating land disputes in three Vietnamese communities |
|
|
291 | (24) |
|
|
|
PART IV Taiwan case studies |
|
|
315 | (42) |
|
12 An overview of Taiwanese land law and dispute resolution |
|
|
317 | (14) |
|
|
|
|
|
13 Customary law and modern society: Land disputes of Jisigongye (ancestral worship property) in Taiwan |
|
|
331 | (26) |
|
|
|
|
|
PART V Hong Kong case studies |
|
|
357 | (54) |
|
14 An overview of Hong Kong land law and dispute resolution |
|
|
359 | (15) |
|
|
|
15 The small house policy and Tso and Tong land: Finding the interface between state and customary law in Hong Kong |
|
|
374 | (18) |
|
|
|
16 Flexibly applying the law to regulate illegal buildings in Hong Kong |
|
|
392 | (19) |
|
|
| Index |
|
411 | |
Hualing Fu is a Professor of Law in the Faculty of Law of the University of Hong Kong, where his research interests include public law, human rights and legal institutions in China. John Gillespie is a Professor of Law and Director of the Asia Pacific Business Regulation Group at Monash University, Melbourne, Australia. He specialises in law and development, regulatory theory and socialist-transforming Asia.
Biežāk uzdotie jautājumi par e-grāmatām